<div class="chunk-title">Sec. 59-38. - Permits affecting sand dunes.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               No permit to damage, destroy or to remove any sand dune (or any part of or vegetation
               on a dune) shall be granted by a shoreline protection officer unless the action will
               not materially weaken the dune or reduce its effectiveness as a means of protection
               from the effects of high wind and water, taking into consideration the height, width
               and slope of the dune and type of vegetation on the dune. The following guidelines
               define and are to be used by the shoreline protection officer in determining what
               activities can occur in the shoreline protection area without materially weakening
               the dune:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               No sand may be moved landward of the shore protection line.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Sand may be redistributed from one property to an adjacent property with the approval
               of the county engineer if all the following conditions are met:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               All involved property owners are in agreement.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The sand mass on one property is so great that construction would be prohibitive without
               some reduction.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The action would strengthen the overall dune system by adding to a lesser dune on
               adjacent properties.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               No alteration of the dune system may occur without the approval of the county engineer.
               Structures other than walkways or steps approved by the county engineer may not be
               constructed on the ocean beach.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Where the vegetation within the shore protection area is destroyed, such area must
               be revegetated in accordance with acceptable horticultural practices by the first
               planting season after disturbance (January 1â€”April 15).
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               In situations where the grading of a property does not coincide with the natural beach
               grass growing season, or whenever the construction of a structure is not begun or
               finished in a reasonable period of time, the shoreline protection officer may prescribe
               interim stabilization procedures such as sand fences, sodding, the use of birdseed,
               etc., to reduce the effects of wind erosion.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Any grading of the dune system must result in dunes being substantially equal to or
               exceeding the mean mass and height of natural dunes existing prior to grading and
               shall substantially conform in slope and alignment with such existing natural dunes.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Access to the beach over the dunes on the property of the applicant must be protected
               by some form of walkways/step system so as to maintain the full height of the dune
               crest.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               The proposed location for any building to be constructed in the shore protection area
               shall be selected so as to require minimal alteration of existing sand dunes. No building
               shall be erected between the existing sand dunes and the water adjacent to the shore
               protection area.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               In cases where construction cannot be accomplished except upon existing dunes, the
               pilings or other foundation for such construction must penetrate below the base of
               the dune system.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               No alteration of the dune system may be made if such alteration would increase potential
               flood damage contrary to the regulations of the Federal Emergency Management Agency
               Insurance Administration (see <a href="" data-chunk-id="COOR_CH29FL" class="section-link" data-product-id="11337">chapter 29</a>).
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Every application for a permit under this article shall be made upon a standard form
               on file in the county clerk's office. Compliance with the prescribed requirements
               shall be a condition to the issuance of a permit.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               With respect to every application for a permit under this section, the following procedures
               shall be followed:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The applicant for a sand dune permit shall attach a map/sketch of the tract of land
               involved indicating dimensioned boundaries, approximate elevations of existing dunes,
               proposed structures, access walkways, proposed grading alterations, names and addresses
               of abutting property owners and a statement describing revegetation methods.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The shoreline protection officer shall make an on-site inspection of the site, preferably
               with the applicant, to determine feasibility of the project. Any changes to dunes
               approved by the shoreline protection officer shall be indicated on the plat at this
               time.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A notice stating that the application has been made shall be prominently posted on
               the site by the shoreline protection officer. A copy of the application shall be available
               for inspection in the office of the shoreline protection officer during normal business
               hours.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The shoreline protection officer shall mail (via certified registered mail, return
               receipt requested) to all abutting property owners listed on the permit application
               a copy of the application and plat sketch on the day the notice is placed on the site.
               Neither a permit affecting sand dunes nor a building permit shall be granted until
               the approval or denial of the application for a permit under this article by the shoreline
               protection officer has become final and no longer subject to appeal to the shoreline
               protection officer or to the board of commissioners.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The shoreline protection officer shall notify the applicant and abutting property
               owners (in person or by certified mail) of his findings concerning the application.
               In such notification, the applicant and abutting property owners shall be informed
               that if requested by any party within seven days of the mailing or giving of the notification,
               the shoreline protection officer will hear objections, if any, to his findings and
               at a time and place set by him. All parties shall be given notice of the hearing at
               least seven days prior to the hearing.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               If the shoreline protection officer determines that some form of alteration must occur
               in the dune system to make use of the site, the applicant must have the county health
               inspector certify that the site qualifies for the proposed sewage disposal method.
               Upon such certification, the shoreline protection officer shall meet at the site with
               the applicant to determine the conditions of the permit. These conditions must be
               recorded on the application and the permit.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               In cases where conditions are imposed upon a permit, the shoreline protection officer
               shall visit the site during grading operations to ensure compliance.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               The shoreline protection officer shall notify the applicant and abutting property
               owners by certified mail of the final action upon the application for a permit and
               shall post a notice of such final action upon the premises that are the subject of
               the application. The shoreline protection officer shall also give such notification
               to any other person who has asked to be notified.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               The shoreline protection officer must visit those sites permitted in the past calendar
               year during the coastal grass planting season to ensure that all sites are revegetated.
               Failure to restore in accordance with acceptable horticultural practices as required
               by permit shall be a misdemeanor, and guilty persons shall be subject to the fines
               and processes of <a href="" data-chunk-id="COOR_CH59WA_ARTIISADUPR_S59-33COARRE" class="section-link" data-product-id="11337">section 59-33</a>.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               In any case where an appeal has been made by an abutting property owner or other affected
               parties against the issuance of a permit, the shoreline protection officer must immediately
               notify the applicant of the nature of the appeal.
               </p>
            		
            <p class="incr1">
               (11)
               </p>
            		
            <p class="content2">
               No construction will be allowed pending the appeals procedure described in this article.
               </p>
            		
            <p class="historynote0">
               (Code 1978, Â§ 4-25)
               </p></div>