Ala. Admin. Code r. 335-8-1-.05

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

Section 335-8-1-.05 - Permissible Uses

(1) Pursuant to Code of Ala. 1975, § 9-7-13, as amended, the following uses and activities shall be permissible to the extent that they are consistent with the provisions of this Administrative Code:

(a) the accomplishment of emergency decrees of any duly appointed health officer of a county or municipality or of the State acting to protect the public health and safety;

(b) the conservation, repletion and research activities of the Marine Environmental Sciences Consortium, the Marine Resources Division of the Department of Conservation and Natural Resources and the Mississippi-Alabama Sea Grant Consortium;

(c) the exercise of riparian rights by the owner of the riparian rights; provided, that the construction and maintenance of piers, boathouses and similar structures shall be on pilings that permit a reasonable unobstructed ebb and flow of the tide;

(d) the normal maintenance and repair of bulkheads, piers, roads and highways existing on August 14, 1979;

(e) the use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling;

(f) normal maintenance and repair activities of railroads and of utilities or other persons engaged in transportation or in telephone communication service or in the distribution or transmission of gas, electricity or water or the collection of sewage, including inspecting, maintaining, repairing or renewing on private or public rights-of-way any sewers, mains, conduits, pipes, cables, utility tunnels, power lines, towers, poles, tracks, bridges, trestles and drainage facilities or the like or making service connections thereto or inspecting, maintaining, repairing or renewing any substation, pumping or lifting facility;

(g) activities of any mosquito control commission which is a political subdivision or agency of the State of Alabama;

(h) the use of any land for the purpose of planting, growing or harvesting plants, crops, trees or other agricultural or forestry products, including normal private road construction, raising livestock or poultry or for other agricultural purposes;

(i) completion of any development, not otherwise in violation of law, for which a valid building or zoning permit was issued prior to August 14, 1979 and which development was initiated prior to such date;

(j) construction of minor structures, and repairs or additions which will not constitute a substantial improvement and which will not obstruct public access;

(k) the conservation, repletion, research and management activities associated with a designated Estuarine Research Reserve, state or federal park or wildlife refuge, the marine mammal stranding network, the U.S. Fish and Wildlife Service, or the Department; and

(1) activities of aquatic weed control programs authorized by the Alabama Department of Conservation and Natural Resources.

(2) Permissible uses shall not result in the conversion of lands to other uses which are subject to, and inconsistent with, the ACAMP.

(3) Any person wishing to conduct a permissible activity or use within the coastal area shall notify the Department and request a review to determine if the use is subject to the permitting procedures of this Administrative Code.

Author: John C. Carlton

Ala. Admin. Code r. 335-8-1-.05

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.