Title 12, Chapter 5, Section 288
(a) If the project is not water related or dependent on waterfront access or can be satisfied by the use of an alternative nonmarshland site or by use of existing public facilities, a permit usually should not be granted pursuant to Code Section 12-5-286.
(b) The amount of marshlands to be altered must be minimum in size.
The following activities and structures are normally considered to
be contrary to the public interest when located in coastal
marshlands but the final decision as to whether any activity or
structure is considered to be in the public interest shall be in the
sound discretion of the committee:
(1) Filling of marshlands for residential, commercial, and
(2) Filling of marshlands for private parking lots and private
(3) Construction of dump sites and depositing of any waste
materials or dredge spoil;
(4) Dredging of canals or ditches for the purpose of draining
(6) Construction of lagoons or impoundments for waste treatment,
cooling, agriculture, or aquaculture which would occupy or damage
coastal marshlands or life forms therein;
(7) Construction of structures which constitute an obstruction of
view to adjoining riparian landowners, including signs and
(8) Occupying a live-aboard for more than 30 days during any
calendar year; provided, however, that the commissioner may grant
extensions of time beyond 30 days to persons making a request in
writing stating the reasons for such extension. Owners of docks
where live-aboards are moored as well as owners and occupants of
live-aboards are responsible under this part.