Section 205A-43.5 - Powers and duties of the authority(a) Prior to action on a variance application, the authority shall hold a public hearing under chapter 91. By adoption of rules under chapter 91, the authority may delegate responsibility to the department. Public and private notice, including reasonable notice to abutting property owners and persons who have requested this notice, shall be provided, but a public hearing may be waived prior to action on a variance application for:(1) Stabilization of shoreline erosion by the moving of sand entirely on public lands;(2) Protection of a legal structure or public facility, including any facility owned by a public utility that is regulated pursuant to chapter 269, that does not fix the shoreline, under an emergency authorization issued by the authority; provided that the structure or public facility is at risk of immediate damage from shoreline erosion and the authorization does not exceed three years;(3) Other structures or activities; provided that no person or agency has requested a public hearing within twenty-five calendar days after public notice of the application; or(4) Maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or watersports recreational facilities, that result in little or no interference with natural shoreline processes.(b) The authority shall either act on variance applications or, by adoption of rules under chapter 91, delegate the responsibility to the department.Amended by L 2020, c 16,§ 9, eff. 9/15/2020.