Current through Register Vol. 43, No. 5, February 28, 2025
(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
Statutory Authority:
Code of Ala.
1975, §
§
9-7-16,
22-22A-5,
22-22A-6,
22-22A-8.