§ 76-7. Exemption for emergency activities.

A. 

Applicability. Emergency activities necessary to protect public health, safety or welfare, including the prevention of damage to natural resources, shall be exempt from the regulations set forth in this chapter so long as such emergency activities shall be undertaken in such manner as to avoid, prevent and/or minimize damage to natural protective features and other natural resources to the maximum extent practicable under the circumstances and shall comply with the requirements set forth in this section.

B. 

Written notification. Written notice of contemplated emergency measures shall be provided to the Administrator at least two days prior to the commencement of such work by the person, governmental body or entity authorized and/or required to undertake such emergency measure(s), which notice shall include the following:

(1) 

Description of the proposed action; and

(2) 

A location map and plan of the proposed action at a scale and in sufficient detail to fully disclose the nature and extent of the contemplated activity; and

(3) 

The rationale for the determination characterizing the circumstances as constituting an emergency.

C. 

Findings. Prior to issuing an emergency authorization or emergency permit, the Administrator shall determine that:

(1) 

An emergency situation exists; and

(2) 

The proposed activity will result in the least impact to life, health, property, and natural resources as reasonably practicable under the circumstances; and

(3) 

The proposed activity provides the necessary structural support to threatened building(s) and/or structure(s).

D. 

Permit issuances. The Administrator shall grant or deny the emergency authorization and/or emergency permit within 48 hours of receipt of an application.

E. 

Duration. Emergency authorization(s) and/or emergency permit(s) shall be limited to a duration of 30 days or less and may be renewed for a maximum of an additional 30 days; if project activities are not concluded within the maximum allowable sixty-day period, the project proponent shall make application for a coastal erosion management permit in order to continue and/or complete the work previously authorized.

F. 

Erroneous determination of emergency. In the event that the Administrator determines that regulated activity has been undertaken in the absence of circumstances which constitutes the existence of an emergency the Administrator may:

(1) 

Order the immediate cessation of the activity;

(2) 

Order the removal of any structure constructed or installed without authorization;

(3) 

Order the restoration of the site and/or any natural protective feature(s) that was excavated, mined or otherwise disturbed.