Ala. Admin. Code r. 335-8-2-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-8-2-.01 - General Rules Applicable To All Uses Subject To The Alabama Coastal Area Management Plan (ACAMP)

(1) Uses that are determined by the Department to be in violation of applicable air or water quality standards or associated regulations shall not be permitted or certified to be in compliance with the ACAMP.

(2) In determining a use's ability to comply with this Administrative Code, the Department shall consider the extent to which the use adversely impacts the following coastal resources:

(a) Historical, architectural or archaeological sites designated pursuant to 16 U.S.C. § § 470 - 47OW ;

(b) Wildlife and fishery habitat especially the designated Critical Habitats of endangered species listed pursuant to 16 U.S.C. § § 1531 - 1543;

(c) Public access to tidal and submerged lands, navigable waters and beaches or other public recreational resources.

(3) Any person shall notify the Department and the State Historical Officer of any historical, cultural or archaeological resources that are discovered in the course of conducting an authorized activity.

(4) Uses that are determined by the Department to be inconsistent with a designated special management area shall not be permitted or certified to be in compliance with the ACAMP.

(5) All projects must comply with all applicable provisions of this Administrative Code.

Author: John C. Carlton

Ala. Admin. Code r. 335-8-2-.01

New Rule: Filed May 26, 1994; Effective June 30, 1994. Amended: Filed March 22, 1995; effective April 26, 1995.

Statutory Authority:Code of Ala. 1975, § § 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.