Ala. Admin. Code r. 335-8-1-.08

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

Section 335-8-1-.08 - Review Process For State Agency Permits

(1) No other state agency shall issue a permit for a use which is subject to the management program unless, in accordance with the procedure set out in this Chapter, the Department issues a certificate of compliance, or the Department determines that the use is not subject to the management program.

(2) Upon receipt of a permit application for a use subject to the management program, the state agency shall send to the Department an informational copy of the complete application along with any supporting documents submitted by the applicant. Upon receipt, the Department shall begin its review process and shall initiate appropriate interagency coordination.

(a) If at any time during the review process the Department determines that the use is not subject to the management program, the applicant and the state agency will be notified as soon as practicable, and the Department will discontinue review of the application.

(b) As early as possible in the review process the Department will attempt to make known to the state agency additional information needed to complete the review. The agency should facilitate this process by making known to the Department as early as possible the results of its own investigations of the potential or actual impact of the use on the coastal area.

(3) Following the receipt of a request for certification and receipt of the completed permit application and necessary additional information the Department will do one of the following:

(a) issue a certificate of compliance with or without conditions, or

(b) deny a certificate of compliance.

(4) If the Department denies a certificate of compliance, the reasons and supporting details for the denial will be provided to the applicant and to the state agency, along with any alternative means to conduct the use in compliance with the management program. The Department may deny certification on the grounds that the agency has not furnished it with sufficient information to make an adequately informed decision, in which case the agency will be notified of the specific information needed. But in no event shall lack of information be a ground for denial unless the Department requested the information prior to the request for certification.

Author: John C. Carlton

Ala. Admin. Code r. 335-8-1-.08

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.