§ 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.