Ala. Admin. Code r. 335-8-2-.08
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-8-2-.08 - Construction And Other Activities On Gulf Front Beaches And Dunes(1) No person shall remove primary dune or beach sands and/or vegetation or otherwise alter the primary dune system, construct any new structure, or make any substantial improvement to any existing structure, on, beneath or above the surface of any land located between mean high tide and the construction control line.(2) No person shall construct any new structure on, beneath or above the surface of any state owned lands located in the following areas: (a) between mean high tide and a line originating at plane coordinate (x = 339,562.58 feet; y = 83,758.99 feet) and extending South 77° 59' 16" West in Baldwin County;(b) between mean high tide and Alabama Highway 180 between plane abscissas (x = 339,562.58 feet) and (x = 343,833.777 feet);(c) in Sections 2 and 3 of Township 4 South, Range 33 West (Tallahassee Meridian) in Baldwin County. No person shall construct any new structure on, beneath or above any lands located between the westernmost end of Dauphin Island and a north-south plane represented by the abscissa (x = 281,573.2 feet) in Mobile County.(3)(a) No person shall construct any new structure or make any substantial improvement to an existing structure, on, beneath or above the surface of any parcel of land owned by a person if any portion of such parcel is intersected by the construction control line without first having obtained a permit therefor from the Department except as may be provided for by 335-8-1-.05.(b) A permit for construction of a new structure may be issued if the Department is satisfied that the proposed structure is not on, beneath or above the surface of any lands located between mean high tide and the construction control line.(c) An application for a permit to construct a single family dwelling or duplex pursuant to this rule shall contain: 1. a legal description of the property on which the structure is proposed, as well as the street address;2. an area map showing the location of the property and proposed structure in relation to roads and other recognized landmarks;3. a survey of the property and site plan prepared by a duly licensed land surveyor of the State of Alabama showing the location of the construction control line, as determined from the state plane coordinates, the distance from the nearest construction control line monument to the lot, and the location and dimensions of all proposed structures;4. a certified copy of the deed, lease or other instrument under which the applicant claims title, possession or permission from the owner of the property to carry out the project;5. an identification of the water supply source and wastewater disposal system;6. such other information as the Department may reasonably require to assure compliance with the Department's rules and regulations.(d) An application for a permit to construct a motel, hotel, condominium, or planned multi-unit development shall contain:1. all information required by 335-8-2-.08(3)(c);2. an "Environmental Impact and Natural Hazards Study" which will include, at a minimum, the following: (i) wave height study addressing the flood hazard and erosion potential at the project site using eroded beach profiles for pre and post developed conditions;(ii) location and delineation of velocity zone; and(iii) analysis of the project's potential to significantly increase the likelihood that damage will occur from floods, hurricanes, or storms.3. a "Beach and Dune Enhancement Plan" which includes, at a minimum, the following: (i) fence placed along the CCL prior to and during construction activities to prevent material and equipment seaward of the line;(ii) dune walkovers designed to accommodate the anticipated pedestrian traffic from the completed project;(iii) the placement of sand fences;(iv) planting of suitable natural vegetation in areas devoid of vegetation; and(v) a maintenance program for the sand fences and plantings.(4) Bulkheads, retaining walls, or similar structures shall not be permissible on Gulf beaches or primary dunes unless it can be demonstrated that: (a) the bulkhead or retaining wall is landward of the CCL and it is necessary to protect and ensure the structural integrity of an existing or previously permitted structure; and(b) there are no other feasible non-structural alternatives, including retreat.(5) No person shall operate a motorized vehicle on the beach or primary dune system, except as may be provided by the provisions of this Administrative Code.(6) Beach cleaning equipment and safety and law enforcement vehicles operating on flat beach sand may be permissible, provided it is demonstrated to the satisfaction of the Department that: (a) the equipment will not be operated within the primary dune system;(b) a route of ingress and egress has been designated and approved by the Department or its Contractor;(c) beach and dune vegetation will not be impacted or destroyed; and(d) the equipment will be operated only in areas specified by the Department or its contractor.(7) Septic tanks and other on-site sewage disposal systems shall not be permitted on a lot intersected by the construction control line, unless no wastewater disposal system is available for the site and the system has been approved by the Department of Public Health.(8) The Department has determined that the following activities conducted seaward of the construction control line are not subject to the ACAMP: the placement of items associated with daily recreational use that are of a temporary and removable nature, including but not limited to, chairs, umbrellas, volleyball and similar equipment, provided the posts are not permanently installed in the ground, and provided these items are removed from the beach prior to major storm events. Author: John C. Carlton
Ala. Admin. Code r. 335-8-2-.08
August 14, 1979. Amended: October 10, 1984, October 9, 1985, October 7, 1988. 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.