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Session Laws, 1987
Volume 769, Page 2021   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                    Ch. 388

the mean high water line and if after a site visit the report of
the Secretary recommends that the license be granted. The Board
may issue a license without [a hearing] PUBLIC NOTICE where an
emergency exists caused by act of God, natural disaster,
catastrophe or other similar natural event when the health,
safety, or welfare of the citizens of the State would be
jeopardized by a delay caused by time requirements for [notice by
publication and holding a public hearing] PUBLIC NOTICE.
However, the license may be granted by the Board only with the
concurrence of the Secretary. [Public notice of the issuance is
required. However, notwithstanding any provisions to the
contrary, within 30 days after the issuance of an emergency
license, as provided in this subsection, the Board shall hold a
hearing, after giving timely notice by publication, to determine
whether the emergency license shall be made permanent or
revoked.] THE SECRETARY SHALL PROVIDE PROMPT PUBLIC NOTICE OF THE
EMERGENCY LICENSE ISSUANCE AND THE OPPORTUNITY TO SUBMIT WRITTEN
COMMENTS OR TO REQUEST A HEARING TO DETERMINE WHETHER THE
EMERGENCY LICENSE SHALL BE REVOKED OR MADE PERMANENT. IF A
HEARING IS REQUESTED, IT SHALL BE SCHEDULED WITHIN 30 DAYS OF THE
EMERGENCY ISSUANCE OF THE LICENSE.

(3) If[, after a site visit,] the report of the

Secretary recommends that a license be granted, the Board may

issue the license without [a hearing as to an application for a
license] PUBLIC NOTICE:

(i) To fill or construct a shore erosion
control structure of riprap on State wetlands if the fill area is
less than 500 feet in length parallel to the fast land as close
thereto as structurally feasible but not more than 10 feet
channelward of the mean high water line;

(ii) To repair or replace a bulkhead for the
purpose of shore erosion control where the bulkhead is presently
functional, but is deteriorating or damaged, provided that the
repair or replacement structure does not extend more than 18
inches channelward of the existing structure. Repair or
replacement may include riprap placed along the base of the
bulkhead, provided that the riprap shall not extend more than 10
feet channelward of the bulkhead; [or]

(iii) To fill near shore shallow water bottom
extending no more than 35 feet channelward of the mean high water
line provided the fill area is less than 500 feet in length
parallel to the fast land for the purpose of shore erosion
control by landscaping and wetland plant establishment[.];

(IV) TO CONSTRUCT OR REPAIR A PRIVATE
NONCOMMERCIAL BOAT RAMP PROVIDED THE RAMP DOES NOT EXCEED 12 FEET
IN WIDTH AND EXTEND MORE THAN 30 FEET CHANNELWARD OF THE MEAN
HIGH WATER LINE; OR

- 2021 -

 

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Session Laws, 1987
Volume 769, Page 2021   View pdf image
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