Title 12, Chapter 5, Section 241
( 12-5-241)
(a) If a local unit of government has enacted ordinances which meet
or exceed the standards, requirements, and provisions of this part,
and which are enforceable by such local unit of government, the
board may certify such local unit of government as a permit-issuing
authority. In areas in which a local shore protection program has
been certified by the board, the local unit of government shall have
all permitting authority described in this part, except for
shoreline engineering activities and activities proposed to occur in
whole or in part on submerged shoreline lands or on other state
owned lands. The committee shall exercise exclusive permitting
authority for shoreline engineering activities and activities
proposed to occur in whole or in part on submerged shoreline lands.
Local units of government are authorized to enact ordinances meeting
or exceeding the requirements of this part. (b) The board shall periodically review the actions of local units
of government which have approved local shore protection programs
and may revoke its certification of such programs if it determines
that such ordinances are not being sufficiently enforced to carry
out the intent of this part. (c) In all areas of the state within the areas of operation of this
part where no local shore protection program has been certified by
the board or where such certification has been revoked by the board,
the provisions of this part shall be carried out by the committee. (d) From appropriations of the General Assembly made to the
department for such purposes, the department shall be authorized to
provide state grants to local units of government for any one or
more of the following purposes: (1) Construction and maintenance of boardwalks; (2) Dune stabilization programs; (3) Beach restoration and renourishment; (4) Public purchase of rights of way to beaches; and (5) Construction or removal of shoreline engineering activities. |