§ 76-4. Prohibitions.
Latest version.
-
The following enumerated activities shall be prohibited in coastal erosion hazard areas:A.In near-shore areas:(1)Excavation, grading, mining or dredging which is reasonably anticipated to result in the diminution of erosion protection afforded by existing features of the near-shore area, unless specifically authorized by this chapter;(2)The construction of new structure(s);(3)Activities not otherwise authorized by this chapter;B.In beach areas:(1)Excavation, grading or mining which diminishes the erosion protection afforded by the beach as then configured;(2)Construction of new structure(s) unless otherwise specifically authorized by this chapter;(3)Disturbance to active bird nesting and breeding areas unless such disturbance is pursuant to an approved wildlife management activity as evidenced by a duly authenticated written approval by the Department of Environmental Conservation;(4)Activities not otherwise authorized by this chapter.C.In primary dune areas:(1)Excavation, grading or mining of a primary dune;(2)Vehicular traffic except in areas specifically designated for dune crossing by vehicles;(3)The construction and/or installation of any new structure unless otherwise authorized by this chapter;(4)Disturbance to active bird nesting and breeding areas unless such disturbance is pursuant to an approved wildlife management activity as evidenced by a duly authenticated written approval by the Department of Environmental Conservation;(5)Activities not otherwise authorized by this chapter.(6)Pedestrian traffic which causes sufficient damage to primary dunes to diminish the erosion protection afforded by them.D.In bluff areas:(1)Excavation, grading or mining except:(a)The minor alteration of a bluff subject to such reasonable conditions as may be set forth in a coastal erosion management permit issued therefor; and(b)A bluff cut made in a direction perpendicular to the shoreline to provide shoreline access so long as: the ramp slope of the bluff cuts shall not exceed 1:6; the side slopes shall not exceed 1:3, unless terraced or otherwise structurally stabilized; side slopes and other disturbed non-roadway areas are stabilized with vegetation and/or other approved physical means; completed roadways are stabilized with adequate drainage, all of which shall be subject to such reasonable conditions as may be set forth in the permit therefor.(2)Vehicular traffic;(3)All construction or installation of improvements unless otherwise authorized by the provisions of this chapter;(4)Disturbance of soil(s) which may be reasonably anticipated to result in the redirection of surface water runoff over a bluff face;(5)Disturbance to active bird nesting and breeding areas unless part of an authorized wildlife management activity, evidenced by a duly authenticated written approval by the Department of Environmental Conservation;(6)All other activities unless otherwise authorized by the provisions of this chapter.