project, the monitoring program must include, but is not necessarily limited to: (i) establishment of new monuments; (ii) determination of the annual volume and transport of sand; and (iii) annual aerial photographs. Subsequent monitoring requirements must be based on results from the first fiveyear report. (b) Groins may only be permitted only after thorough analysis demonstrates that the groin will not cause a detrimental effect on adjacent or downdrift areas. The applicant shall provide a financially binding commitment, such as a performance bond or letter of credit that is reasonably estimated to cover the cost of reconstructing or removing the groin and/or restoring the affected beach through renourishment pursuant to subitem (c). (c) If the monitoring program established pursuant to subitem (a) shows an increased erosion rate along adjacent or downdrift beaches that is attributable to a groin, the department must shall require either that the groin be reconfigured so that the erosion rate on the affected beach does not exceed the preconstruction rate, that the groin be removed, and/or that the beach adversely affected by the groin be restored through renourishment. (d) Adjacent and downdrift communities and municipalities must be notified by the department of all applications for a groin project. (e) Nothing in the this section shall be construed to create creates a private cause of action, but nothing in this section shall be construed to limit or limits a cause of action under recognized common law or other statutory theories. The sole remedies, pursuant to this section, are: (i) the reconstruction or removal of a groin; and/or (ii) restoration of the adversely affected beach and adjacent real estate through renourishment pursuant to subitem (c), or both. An adjacent or downdrift property owner that who claims a groin has caused or is causing an adverse impact shall notify the department of such the impact. The department shall render an initial determination within sixty days of such notification. Final agency action shall must be rendered within twelve months of notification. An aggrieved party may appeal the decision pursuant to the Administrative Procedures Act.
project, the monitoring program must include, but is not necessarily limited to: (i) establishment of new monuments; (ii) determination of the annual volume and transport of sand; and (iii) annual aerial photographs. Subsequent monitoring requirements must be based on results from the first fiveyear report. (b) Groins may only be permitted only after thorough analysis demonstrates that the groin will not cause a detrimental effect on adjacent or downdrift areas. The applicant shall provide a financially binding commitment, such as a performance bond or letter of credit that is reasonably estimated to cover the cost of reconstructing or removing the groin and/or restoring the affected beach through renourishment pursuant to subitem (c). (c) If the monitoring program established pursuant to subitem (a) shows an increased erosion rate along adjacent or downdrift beaches that is attributable to a groin, the department must shall require either that the groin be reconfigured so that the erosion rate on the affected beach does not exceed the preconstruction rate, that the groin be removed, and/or that the beach adversely affected by the groin be restored through renourishment. (d) Adjacent and downdrift communities and municipalities must be notified by the department of all applications for a groin project. (e) Nothing in the this section shall be construed to create creates a private cause of action, but nothing in this section shall be construed to limit or limits a cause of action under recognized common law or other statutory theories. The sole remedies, pursuant to this section, are: (i) the reconstruction or removal of a groin; and/or (ii) restoration of the adversely affected beach and adjacent real estate through renourishment pursuant to subitem (c), or both. An adjacent or downdrift property owner that who claims a groin has caused or is causing an adverse impact shall notify the department of such the impact. The department shall render an initial determination within sixty days of such notification. Final agency action shall must be rendered within twelve months of notification. An aggrieved party may appeal the decision pursuant to the Administrative Procedures Act.
890_20131217.docx