Ala. Admin. Code r. 335-8-2-.04

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

Section 335-8-2-.04 - Marinas

(1) Applicants desiring to construct and operate a new or expand an existing marina within the coastal area must provide:

(a) a comprehensive site plan showing location, size, and number of all upland and water-dependent facilities including boatslips, parking, storage facilities, maintenance and repair facilities, and pile-supported structures;

(b) an "Operation and Maintenance Plan" describing the manner in which the facility will be operated, to include the use of best management practices and a demonstration that:

1. applicable water quality standards will be maintained;

2. applicable measures relating to proper disposal of solid waste, litter, fish carcasses and offal, and other refuse are provided; and

3. adequate sewage pump out and disposal facilities will be provided for vessels and adequate restrooms for patrons will be provided;

(c) if applicable, a spill prevention control and countermeasure plan meeting the requirement of 40 CFR Part 112 ;

(d) if applicable, an application for a stormwater permit, or if such permit has already been obtained, a copy of the same; and

(e) a submerged lands lease or waiver from the Alabama Department of Conservation and Natural Resources.

(2) Marinas shall not be located within, or in close proximity to, submersed grassbeds or existing public oyster reefs.

(3) Open water marinas constructed in the coastal area shall not have breakwaters, groins, or jetties which significantly interfere with the normal ebb and flow of coastal waters.

(4) Proposals involving excavated marinas shall include appropriate analyses and demonstrations that the facility will not result in contravention of water quality standards in the adjoining waters.

(5) Entrance channels and boat basins shall be constructed to a depth no greater than that of the receiving water.

Author: John C. Carlton

Ala. Admin. Code r. 335-8-2-.04

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.