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



(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 the
counties;



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



(3)  The clearing of the materials from existing
drainage pipes and canals and from the mouths of streams including clearing for
the purposes under section 46-11.5; provided that the sand removed shall be
placed on adjacent areas unless such placement would result in significant
turbidity; or



(4)  The cleaning of the shoreline area for state or
county maintenance purposes, including the clearing for purposes under section
46-12; provided that the sand removed shall be placed on adjacent areas unless
the placement would result in significant turbidity.



(b)  Except as provided in this section,
structures are prohibited in the shoreline area without a variance pursuant to
this 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, board
approval, or shoreline setback variance prior to June 16, 1989;



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



(4)  They are necessary for or ancillary to
continuation of existing agriculture or aquaculture in the shoreline area on
June 16, 1989;



(5)  They are minor structures permitted under rules
adopted by the department which do not affect beach processes or artificially
fix the shoreline and do not interfere with public access or public views to
and 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 which
result 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. [L
1986, 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 of
sand, etc., see §171-58.5.