[§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 costing more than
$20,000; provided the structure is at risk of immediate damage from shoreline
erosion;



(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, which 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. [L 1989, c 356, pt of §1]