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-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purposes of this Division, the following words and
				  phrases, unless a different meaning is plainly required by the context, shall
				  have the following meanings:
(a)
				"adjacent wetlands" means those wetland areas bordering, contiguous,
				neighboring, or hydrologically contiguous to state waters and/or wetland
				ecosystems.
(b) "agency" means any
				unit, department, or office of federal, state or local government, including
				subdivisions thereof.
(c) "Alabama
				Coastal Area Management Program" or "ACAMP" (see definition of "management
				program").
(d) "alternative site"
				means a physical geographic location, either on the same parcel of property or
				another parcel of property in the same vicinity, which could result in a use
				having fewer adverse impacts on coastal resources.
(e) "Areas of Preservation and Restoration"
				means a special group of Geographic Areas of Particular Concern singled out
				because of their conservation, recreational, ecological, or aesthetic
				values.
(f) "beach" means a sandy
				shoreline area characterized by low relief, generally of gentle slope, and some
				vegetation. The beach extends from the waterline to a change in physiographic
				form such as a dune or bluff, a change in sediment type, such as clay from
				sand, and/or a change in vegetation type. Gulf beaches are those sand beaches
				of the mainland and islands in Alabama which are subjected to the direct wave
				action of the Gulf of Mexico. The upper limit of Gulf beaches is usually a
				transition from halophytic, succulent, prostrate plant forms such as
Hydrocotyle bonariensis
(pennywort),
Cakile edentula
(sea rocket),
Iva
				imbricata
(marsh or seashore elder), and
Ipomoea
				stolonifera
_(seaside morning glory) to a zone occupied by grasses,
				shrubs, and the same prostrate forms mentioned above.
(g) "boathouse" means a structure,
				constructed over water, designed or intended to be used for the purpose of
				docking, storing and protecting one or more watercraft.
(h) "boatslip" means an excavated basin whose
				length is no greater than twice its width and which is used for the dockage of
				watercraft.
(i) "canal" means an
				excavated waterway for the purpose of navigation whose bottom elevation is
				below mean low water.
(j)
				"certificate of compliance" means a document sent to a state agency certifying
				that the Department has determined the proposed use is in compliance with the
				Coastal Area Management Program.
(k) "coastal area" means the waters
				(including the lands therein and thereunder) and the adjacent shorelands
				(including the waters therein and thereunder) lying seaward of the continuous
				10 foot contour (as defined below) extending seaward to the outer limit of the
				United States territorial sea. The inland boundaries of the coastal area are
				described as follows: begin at the southernmost point of the
				Mississippi-Alabama state line where the land surface elevation reaches 10 feet
				above mean sea level and continue in a general easterly direction along the
				10-foot contour to the proximity of Mobile Bay; continue in a northerly
				direction on the 10-foot contour along the western shore of Mobile Bay and the
				Mobile River delta to the north line of Mobile County; thence southeastward
				along the north line of Mobile County to the intersection with the Baldwin
				County line in the Mobile River; thence along the west and north lines of
				Baldwin County in the Mobile and Alabama Rivers to the intersection of the
				westernmost point of Baldwin County where the land surface altitude reaches 10
				feet above mean sea level; thence along the 10-foot contour in a southwesterly
				and southern direction along the Alabama River, the Mobile River delta and the
				east shore of Mobile Bay to the proximity of Bon Secour; thence continue along
				the 10-foot contour in an easterly and northeasterly direction to the
				Alabama-Florida state line.
(l)
				"coastal resources" means valuable human, natural, cultural or historical
				assets within the coastal area, such as water quality, air quality, wetlands
				and submersed grassbeds, beaches and dunes, wildlife habitats, biological
				resources, and water resources.
(m)
				"coastal waters" means those waters, adjacent to the shoreline, which contain a
				measurable quantity or percentage of sea water, including but not limited to,
				sounds, bays, lagoons, bayous, ponds and estuaries.
(n) "consistency certification" means a
				document submitted by an applicant for a federal license, federal permit or
				activity described in an Outer Continental Shelf Lands Plan stating that a use
				proposed to be undertaken is consistent with the management program and
				complies with all relevant rules and regulations.
(o) "consistency determination" means a
				document sent to the Department by any federal agency stating that a use
				proposed to be undertaken by that federal agency is consistent with the
				management program and complies with all relevant rules and
				regulations.
(p) "construction
				control line" or "CCL" means
1. between plane
				coordinates (x = 396,624.613 feet; y = 83,299.904 feet) in the vicinity of
				BC-19 and (x = 445,081.633 feet; y = 90,661.100 feet) in the vicinity of BC-20,
				a line running parallel to the shoreline at a point 40 linear feet inland of
				the most inland point of the crestline; except in the BTL (business, tourist
				and lodging) and BCR (business, central resort) zones of the City of Gulf
				Shores as defined on July 16, 1984 by the zoning maps of the City of Gulf
				Shores, wherein the construction control line means a line running parallel to
				the crestline at a point five linear feet inland of the most inland point of
				the crestline;
2. the northern
				property line of an area known as West Surf Beach of Dauphin Island, Mobile
				County, Alabama, according to the 1953 subdivision of Dauphin Island, map book
				7, pp. 1-21, otherwise known as the southern property line of Block WS
				Fractional Lot A, and Blocks 101, 103, 105, 107 and 109, as well as the
				northern property line of the western most part of the area known as West Surf
				Beach, according to the 1953 Subdivision of Dauphin Island, map book 8, p. 227,
				otherwise known as the southern property line of Blocks A through T,
				inclusive.
3. in Mobile County the
				straight line segments formed by connecting plane coordinates (x = 298,624.45
				feet; y = 91,478.75 feet) to (x = 298,624.34 feet; y = 91,452.87 feet) to (x =
				299,539.45 feet; y = 91,249.84 feet) in the vicinity of monument DI-16 to (x =
				301,494.85 feet; y = 90,976.43 feet) in the vicinity of monument DI-17 to (x =
				302,259.79 feet; y = 90,816.16 feet) in the vicinity of monument DI-18 to (x =
				303,414.28 feet; y = 90,588.99 feet) in the vicinity of monument DI-19 to (x =
				303,989.36 feet; y = 90,393.36 feet) in the vicinity of monument DI-20 to (x =
				305,101.01 feet; y= 89,869.47 feet) in the vicinity of monument DI-21 to (x
				=307,398.80 feet; y = 88,862.42 feet) in the vicinity of monument DI-22 to (x =
				307,945.91 feet; y = 88,885.98 feet) in the vicinity of monument DI-23 to (x =
				308,855.90 feet; y = 89,139.20 feet) in the vicinity of monument DI-24 to (x =
				309,122.13 feet; y = 89,137.43 feet) in the vicinity of monument DI-25 to (x =
				309,863.39 feet; y = 88,948.32 feet) in the vicinity of monument DI-26 to (x =
				311,275.88 feet; y = 88,837.93 feet) in the vicinity of monument DI-27 to (x =
				313,495.41 feet; y = 89,113.09 feet) in the vicinity of monument DI-28 to (x =
				315,123.09 feet; y = 89,633.15 feet) in the vicinity of monument DI-29 to (x =
				316,487.91 feet; y = 89,930.34 feet) in the vicinity of monument DI-30 to (x =
				316,939.88 feet; y = 89,969.09 feet) in the vicinity of monument DI-31 to (x =
				317,386.03 feet; y = 89,909.02 feet) in the vicinity of monument DI-32 to (x =
				317,947.61 feet; y = 89,915.33 feet) in the vicinity of monument
				DI-33.
4. in Baldwin County the
				straight line segments formed by connecting plane coordinates (x = 339,869.380
				feet; y = 82,413.826 feet) in the vicinity of monument BC-0 to (x = 343,833.777
				feet; y = 82,946.329 feet) in the vicinity of monument BC-1 to (x = 344,439.935
				feet; y = 83,027.749 feet) in the vicinity of monument BC-2 to (x = 345,229.900
				feet; y = 83,267.806 feet) in the vicinity of monument BC-3 to (x = 346,070.573
				feet; y = 83,318.732 feet) in the vicinity of monument BC-4 to (x = 347,947.400
				feet; y = 83,542.163 feet) in the vicinity of monument BC-5 to (x = 353,678.481
				feet; y = 84,097.590 feet) in the vicinity of monument BC-6 to (x = 358,262.949
				feet; y = 84,424.908 feet) in the vicinity of monument BC-7 to (x = 361,952.301
				feet; y = 84,532.314 feet) in the vicinity of monument BC-7A to (x =
				367,652.468 feet; y = 84,352.329 feet) in the vicinity of monument BC-8 to (x =
				370,294.079 feet; y = 84,232.401 feet) in the vicinity of monument BC-9 to (x =
				370,337.309 feet; y = 84,095.345 feet) in the vicinity of monument BC-10 to (x
				= 372,723.136 feet; y = 84,013.940 feet) in the vicinity of monument BC-11 to
				(x = 374,515.213 feet; y = 84,209.778 feet) in the vicinity of monument BC-12
				to (x = 381,454.710 feet; y = 83,545.945 feet) in the vicinity of monument
				BC-13 to (x = 382,099.449 feet; y = 83,460.299 feet) in the vicinity of
				monument BC-14 to (x = 384,804.496 feet; y = 83,494.181 feet) in the vicinity
				of monument BC-15 to (x = 388,949.030 feet; y = 83,361.769 feet) in the
				vicinity of monument BC-16 to (x = 394,023.606 feet; y = 83,282.288 feet) in
				the vicinity of monument BC-17 to (x = 394,115.430 feet; y = 83,209.569 feet)
				in the vicinity of monument BC-18 to (x = 396,624.613 feet; y = 83,299.904
				feet) in the vicinity of monument BC-19; and
5. the straight line segments formed by
				connecting plane coordinates (x = 445,081.633 feet; y = 90,661.100 feet) in the
				vicinity of monument BC-20 to (x = 445,413.290 feet; y = 90,747.174 feet) in
				the vicinity of monument BC-21 to (x = 446,891.053; y = 90,727.783 feet) in the
				vicinity of monument BC-22 to (x = 447,623.180 feet; y = 90,791.160 feet) in
				the vicinity of monument BC-23 to (x = 448,325.619 feet; y = 90,757.219 feet)
				in the vicinity of monument BC-24 to (x = 449,391.117 feet; y = 90,946.878
				feet) in the vicinity of monument BC-25 to (x = 449,929.915 feet; y =
				91,035.782 feet) in the vicinity of monument BC-26 to (x = 451,612.654 feet; y
				= 91,469.061 feet) in the vicinity of monument BC-27 to (x = 452,665.982 feet;
				y = 91,901.813 feet) in the vicinity of monument BC-28 to (x = 454,188.522
				feet; y = 92,349.654 feet) in the vicinity of monument BC-29 to (x =
				455,478.358 feet; y = 92,701.191 feet) in the vicinity of monument BC-30 to (x
				= 456,856.032 feet; y = 92,874.036 feet) in the vicinity of monument BC-31 to
				(x = 461,865.947 feet; y = 94,391.131 feet) in the vicinity of monument BC-32
				to (x = 463,992.195 feet; y = 94,935.555 feet) in the vicinity of monument
				BC-33 to (x = 466,038.578 feet; y = 95,534.410 feet) in the vicinity of
				monument BC-34 to (x = 466,816.191 feet; y = 95,695.196 feet) in the vicinity
				of monument BC-35 to (x = 467,195.619 feet; y = 95,898.951 feet) in the
				vicinity of monument BC-36 to (x = 469,282.178 feet; y = 96,648.946 feet) in
				the vicinity of monument BC-37 to (x = 475,472.539 feet; y = 98,380.947 feet)
				in the vicinity of monument BC-38 to (x = 476,304.695 feet; y = 98,579.846
				feet) in the vicinity of monument BC-39 to (x = 476,948.092 feet; y =
				98,722.141 feet) in the vicinity of monument BC-40 to (x = 479,249.115 feet; y
				= 99,050.021 feet) in the vicinity of monument BC-41 to (x = 479,434.293 feet;
				y = 99,057.019 feet) in the vicinity of monument BC-42 to (x = 479,907.870
				feet; y = 99,097.293 feet) in the vicinity of monument BC-43 to (x =
				480,904.364 feet; y = 99,236.552 feet) in the vicinity of monument BC-44 to (x
				= 488,825.140 feet; y = 100,844.567 feet) in the vicinity of monument BC-45 to
				(x = 489,712.334 feet; y = 101,001.701 feet) in the vicinity of monument BC-45A
				to (x = 491,026.916 feet; y = 101,322.132 feet) in the vicinity of monument
				BC-46 to (x = 492,439.303 feet; y = 101,623.576 feet) in the vicinity of
				monument BC-47 to (x = 494,213.397 feet; y = 101,981.671 feet) in the vicinity
				of monument BC-48.
6. all
				references to monument numbers in Paragraphs 1-5 above are noted for
				convenience only. All official submissions to the Department regarding the
				"construction control line" must be based upon official state plane coordinates
				as determined by a registered surveyor.