§205A-44  Prohibitions.  (a)  The miningor taking of sand, dead coral or coral rubble, rocks, soil, or other beach ormarine deposits from the shoreline area is prohibited with the followingexceptions:

(1)  The taking from the shoreline area of the materials,not in excess of one gallon per person per day, for reasonable, personal,noncommercial use, provided that stricter provisions may be established by thecounties;

(2)  Where the mining or taking is authorized by avariance pursuant to this part;

(3)  The clearing of the materials from existingdrainage pipes and canals and from the mouths of streams including clearing forthe purposes under section 46-11.5; provided that the sand removed shall beplaced on adjacent areas unless such placement would result in significantturbidity; or

(4)  The cleaning of the shoreline area for state orcounty maintenance purposes, including the clearing for purposes under section46-12; provided that the sand removed shall be placed on adjacent areas unlessthe placement would result in significant turbidity.

(b)  Except as provided in this section,structures are prohibited in the shoreline area without a variance pursuant tothis part.  Structures in the shoreline area shall not need a variance if:

(1)  They were completed prior to June 22, 1970;

(2)  They received either a building permit, boardapproval, or shoreline setback variance prior to June 16, 1989;

(3)  They are outside the shoreline area when theyreceive either a building permit or board approval;

(4)  They are necessary for or ancillary tocontinuation of existing agriculture or aquaculture in the shoreline area onJune 16, 1989;

(5)  They are minor structures permitted under rulesadopted by the department which do not affect beach processes or artificiallyfix the shoreline and do not interfere with public access or public views toand along the shoreline; or

(6)  Work being done consists of maintenance, repair,reconstruction, and minor additions or alterations of legal boating, maritime,or watersports recreational facilities, which are publicly owned, and whichresult in little or no interference with natural shoreline processes;

provided that permitted structures may be repaired,but shall not be enlarged within the shoreline area without a variance. [L1986, c 258, pt of §1; am L 1988, c 375, §1; am L 1989, c 356, §12]

 

Revision Note

 

  "June 16,1989" substituted for "the effective date of this Act" and"the effective date of this section".

 

Cross References

 

  Mining or taking ofsand, etc., see §171-58.5.