Title 12, Chapter 5, Section 237
( 12-5-237)
(a) No person shall construct or erect any structure or construct,
erect, conduct, or engage in any shoreline engineering activity or
engage in any land alteration which alters the natural topography or
vegetation of any area within the jurisdiction of this part, except
in accordance with the terms and conditions of a permit therefor
issued in accordance with this part. A permit may authorize the
construction or maintenance of the project proposed in an
application. After construction of a project pursuant to a permit,
the project may be maintained without a permit so long as it does
not further alter the natural topography or vegetation of the site
or increase the size or scope of the project. (b) No permit shall be required for a structure, shoreline
engineering activity, or land alteration which exists as of July 1,
1979, provided that a permit must be obtained for any modification
which will have a greater adverse effect on the sand-sharing system
or for any addition to or extension of such shoreline engineering
activity, structure, or land alteration; provided, further, that, if
any structure, shoreline engineering activity, or land alteration is
more than 80 percent destroyed by wind, water, or erosion as
determined by an appraisal of the fair market value by a real estate
appraiser certified pursuant to Chapter 39A of Title 43, a permit is
required for reconstruction. |