Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.05 - Permissible Uses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to
Code of Ala. 1975
, §
									9-7-13, as amended, the following
				uses and activities shall be permissible to the extent that they are consistent
				with the provisions of this Administrative Code:
(a) the accomplishment of emergency decrees
				of any duly appointed health officer of a county or municipality or of the
				State acting to protect the public health and safety;
(b) the conservation, repletion and research
				activities of the Marine Environmental Sciences Consortium, the Marine
				Resources Division of the Department of Conservation and Natural Resources and
				the Mississippi-Alabama Sea Grant Consortium;
(c) the exercise of riparian rights by the
				owner of the riparian rights; provided, that the construction and maintenance
				of piers, boathouses and similar structures shall be on pilings that permit a
				reasonable unobstructed ebb and flow of the tide;
(d) the normal maintenance and repair of
				bulkheads, piers, roads and highways existing on August 14, 1979;
(e) the use of any structure or land devoted
				to dwelling uses for any purpose customarily incidental to enjoyment of the
				dwelling;
(f) normal maintenance
				and repair activities of railroads and of utilities or other persons engaged in
				transportation or in telephone communication service or in the distribution or
				transmission of gas, electricity or water or the collection of sewage,
				including inspecting, maintaining, repairing or renewing on private or public
				rights-of-way any sewers, mains, conduits, pipes, cables, utility tunnels,
				power lines, towers, poles, tracks, bridges, trestles and drainage facilities
				or the like or making service connections thereto or inspecting, maintaining,
				repairing or renewing any substation, pumping or lifting facility;
(g) activities of any mosquito control
				commission which is a political subdivision or agency of the State of
				Alabama;
(h) the use of any land
				for the purpose of planting, growing or harvesting plants, crops, trees or
				other agricultural or forestry products, including normal private road
				construction, raising livestock or poultry or for other agricultural
				purposes;
(i) completion of any
				development, not otherwise in violation of law, for which a valid building or
				zoning permit was issued prior to August 14, 1979 and which development was
				initiated prior to such date;
(j)
				construction of minor structures, and repairs or additions which will not
				constitute a substantial improvement and which will not obstruct public
				access;
(k) the conservation,
				repletion, research and management activities associated with a designated
				Estuarine Research Reserve, state or federal park or wildlife refuge, the
				marine mammal stranding network, the U.S. Fish and Wildlife Service, or the
				Department; and
(1) activities of aquatic
				weed control programs authorized by the Alabama Department of Conservation and
				Natural Resources.
(2) Permissible
				uses shall not result in the conversion of lands to other uses which are
				subject to, and inconsistent with, the ACAMP.
(3) Any person wishing to conduct a
				permissible activity or use within the coastal area shall notify the Department
				and request a review to determine if the use is subject to the permitting
				procedures of this Administrative Code.
Author:
John C. Carlton