[§205A-43.5]  Powers and duties of theauthority.  (a)  Prior to action on a variance application, the authorityshall hold a public hearing under chapter 91.  By adoption of rules underchapter 91, the authority may delegate responsibility to the department. Public and private notice, including reasonable notice to abutting propertyowners and persons who have requested this notice, shall be provided, but apublic hearing may be waived prior to action on a variance application for:

(1)  Stabilization of shoreline erosion by the movingof 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 shorelineerosion;

(3)  Other structures or activities; provided that noperson or agency has requested a public hearing within twenty- five calendardays after public notice of the application; or

(4)  Maintenance, repair, reconstruction, and minoradditions or alterations of legal boating, maritime, or watersports recreationalfacilities, which result in little or no interference with natural shorelineprocesses.

(b)  The authority shall either act on varianceapplications or, by adoption of rules under chapter 91, delegate theresponsibility to the department. [L 1989, c 356, pt of §1]