Current through Vol. 24-04, March 15, 2024
Rule 11.
(1) The
department may require such permit conditions as it deems reasonable and
necessary to protect the public trust and private riparian interests, including
any of the following conditions:
(a) The
existence of a surety bond or other acceptable guarantee before issuing a
permit for projects with the potential for significant environmental impact and
the ability of the applicant to complete the project satisfactorily during the
period of the permit.
(b) That
dredged materials be deposited in a manner which will cause the least damage to
the public trust, benefit public interests, or mitigate damage done through
navigation projects.
(c) That
filling, dredging, and placing spoil and other materials on bottomlands shall
be conducted in a manner which will cause the least damage to the public trust
and least disruption to the littoral drift and longshore processes, enhance the
public trust or interests, or mitigate damages.
(d) Monitoring to assure that injury to the
natural resources or to the riparian interests of adjacent property owners does
not occur, including specifically monitoring the littoral drift in the project
areas.
(e) That the project be in
compliance with local zoning ordinances. If the facility is not in compliance
and the local unit of government having proper jurisdiction notifies the
department at the time of public notice objecting to the issuance of a permit,
the department shall withhold permit issuance for 30 days from the date of
expiration of public notice. If the local unit of government does not file an
action to restrain operation of the facility in a public forum within the
specified 30-day time frame, the department may issue a permit if all other
criteria are met.
(f) That the work
specified in the permit shall be completed within a specified term, normally
not more than 1 year from the date of issuance, or as otherwise determined by
the department. An extension of time may be granted by the department for just
cause.
(2) Maintenance
dredging permits may be granted for a period of 5 years if the area to be
dredged and the disposal area remain the same.
(3) The department shall, upon request,
provide advice to the applicant for the consideration and protection of the
public trust and private riparian interests.
(4) A permit does not obviate the necessity
of receiving approval from the United States army corps of engineers and, where
applicable, other federal, state, or local units of government.
