Ala. Admin. Code r. 335-8-1-.03
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-8-1-.03 - Review Process Generally(1) Persons desiring to conduct a use within the coastal area requiring a state agency permit as described in ADEM Admin. Code R. 335-8-1-.08; a consistency determination for federally regulated activities as described in ADEM Admin. Code R. 335-8-1-.09; a consistency determination for federal projects, activities and assistance as described in ADEM Admin. Code R. 335-8-1-.10; or non-regulated uses as described in ADEM Admin. Code R. 335-8-1-.11; shall obtain, as appropriate, a permit or consistency determination from the Department that assesses whether or not the use is consistent with the applicable provisions of this Administrative Code. Certain uses proposed within the Coastal Area may deserve special consideration in determining the use's ability to comply with the provisions of this Administrative Code.(2)(a) The Department shall consider the following factors prior to making a final determination on permitting or certification matters: 1. whether or not the use is considered a Use of Regional Benefit or is necessary to maintain or protect an existing Use of Regional Benefit.2. whether or not the use is within a designated Special Management Area (SMA) and whether or not the use is consistent with the use priorities established for the applicable SMA; and3. in dredge and fill activities impacting adjacent wetlands, whether or not the use is water dependent.(b) The burden of proof that these factors are relevant and should be considered by the Department shall be on the applicant requesting the permit or certification.(c) Applicants requesting that the Department consider the aforementioned factors for specific uses are expected to consider alternative sites and/or project designs which would eliminate or reduce the impacts to coastal resources and the Department shall evaluate the possibility of an applicant utilizing an alternative site or project design prior to determining whether one of the factors that are noted in paragraph (2)(a), above, is applicable.(d) Persons receiving a permit or certification due to a factor stated in paragraph (2)(a), above, are expected to mitigate for unavoidable impacts to coastal resources pursuant to criteria established in this administrative code and/or, in the absence of specific criteria, to the satisfaction of the Department.(3) The Department is not required to issue a permit to an applicant simply because the use has received special consideration as detailed in paragraph (2)(a), above. Since many projects that are proposed in the coastal area are inappropriate activities due to their overall scope, location, size, and other similar factors, the Department may deny issuance of a permit or certification.(4) A project or activity that is determined by the Department, based on its nature or scope, not to have a significant impact on coastal resources may be categorically certified to be consistent with the management program (via a Corps of Engineers Nationwide permit or a general permit) or individually determined not to be subject to the requirements of the management program.(5) On projects or activities which require more than one state and/or federal permit, the Department may, at its discretion, defer individual reviews and certifications pending a future review and decision relative to certification.(6) The Department may, on its own initiative or in response to information given to it, investigate an on-going or proposed use in order to determine whether such use is subject to this Administrative Code. Author: John C. Carlton
Ala. Admin. Code r. 335-8-1-.03
Effective: October 9, 1985. Repealed and New Rule: Filed May 26, 1994; Effective June 30, 1994.Statutory Authority:Code of Ala. 1975, § § 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.