Ala. Admin. Code r. 335-8-1-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-8-1-.04 - Special Management Areas

The following special management areas are hereby recognized and defined, with use priorities established for each area:

(1) Geographical Areas of Particular Concern (GAPC):

(a) Port of Mobile - the existing urbanized waterfront extending from the Brookley Industrial area northward up the Mobile River to its confluence with Chickasaw Creek including Pinto Island, McDuffie Island, Blakeley Island (excepting the undeveloped wetlands located north and east of the existing approved disposal sites), Three Mile Creek east of Telegraph Road, Chickasaw Creek up to the northern extent of the Port of Chickasaw, and the existing urbanized shorefront of the Theodore Industrial Complex.

(1) Within the Port of Mobile GAPC, uses which are water dependent or water related and improve or promote port operations and development shall be permissible;

(2) Within the Port of Mobile GAPC, uses, other than those Uses of Regional Benefit, which are determined by the Department to significantly interfere with port operations may be denied.

(b) Mobile-Tensaw River Delta - the lands and waters extending from the confluence of the Tombigbee and Alabama Rivers to the delta front deposits along the northern end of Mobile Bay, westward to the left descending bank of the Mobile River and eastward along the inland extent of the Coastal Zone.

(1) Within the Mobile-Tensaw River Delta GAPC, uses that preserve, enhance, or protect the natural function of wetlands located in the delta shall be permissible;

(2) Within the Mobile-Tensaw River Delta GAPC, uses, other than those Uses of Regional Benefit, which are determined by the Department to degrade the integrity and natural functions of the wetlands in the delta may be denied.

(2) Uses which alter the existing natural state of the following designated Areas of Preservation and Restoration may not be permissible:

(a) Point aux Pines Wetland System - the lands, and waters located between Grand Bay and Portersville Bay owned by the Board of Trustees of the University of Alabama.

(b) Dauphin Island Audubon Sanctuary - the lands and waters located on the eastern portion of Dauphin Island owned by Mobile County and leased to the Friends of the Dauphin Island Audubon Sanctuary, Inc.

(3) Uses proposed within the boundaries of a federally designated National Estuarine Research Reserve which are determined by the Department to alter the existing natural state within the designated National Estuarine Research Reserve may not be permissible.

Author: John C. Carlton

Ala. Admin. Code r. 335-8-1-.04

Effective: August 14, 1979. Amended: October 10, 1984; October 9, 1985. Repealed and New Rule: Filed May 26, 1994; Effective June 30, 1994.

Statutory Authority:Code of Ala. 1975, § § 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.