§206E-8.5  Developments within
special management areas and shoreline setback.  (a)  Notwithstanding
chapter 205A, all requests for developments within a special management area
and shoreline setback variances for developments on any lands within a community
development district, for which a community development plan has been developed
and approved in accordance with section 206E-5, shall be submitted to and
reviewed by the lead agency as defined in chapter 205A.  In community
development districts for which a community development plan has not been
developed and approved in accordance with section 206E-5, parts II and III of
chapter 205A shall continue to be administered by the applicable county
authority until a community development plan for the district takes effect.



(b)  In the review of such requests, the lead
agency shall conform to the following, as deemed appropriate:



(1)  Applicable county rules adopted in accordance
with section 205A-26 for the review of developments within a special management
area, except that paragraph (2)(C) of section 205A-26 shall not apply; and



(2)  Part III of chapter 205A and applicable county
rules for the review of developments within the shoreline setback.



(c)  With the approval of the lead agency, the
developments may be allowed without a special management area permit or
shoreline setback variance as required by chapter 205A. [L 1990, c 86, §§5, 18;
am L 1999, c 35, §1; am L 2002, c 208, §2]