§ 13252. Repair and Maintenance of Activities Requiring a Permit.
14 CA ADC § 13252Barclays Official California Code of Regulations
14 CCR § 13252
§ 13252. Repair and Maintenance of Activities Requiring a Permit.
(B) The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;
(C) The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.
All repair and maintenance activities governed by the above provisions shall be subject to the permit regulations promulgated pursuant to the Coastal Act, including but not limited to the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Public Resources Code Section 30700 unless so provided elsewhere in these regulations. The provisions of this section shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean.
(b) Unless destroyed by natural disaster, the replacement of 50 percent or more of a single family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit.
(c) Notwithstanding the above provisions, the executive director of the commission shall have the discretion to exempt from this section ongoing routine repair and maintenance activities of local governments, state agencies, and public utilities (such as railroads) involving shoreline works protecting transportation road ways.
(e) In any particular case, even though a method of repair and maintenance is identified in subsection (a) above, the executive director may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed repair and maintenance shall not be undertaken without a permit.
Credits
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(d), Public Resources Code.
History
1. New Subchapter 7 (Section 13252) filed 6-29-78 as an emergency; effective upon filing (Register 78, No. 26).
2. Amendment of subsection (a)(4) and new subsections (c) and (d) filed 11-21-78; effective thirtieth day thereafter (Register 78, No. 47).
3. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
4. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
5. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
6. Amendment of subsections (c) and (d) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
7. Amendment of subsections (a)(1)(D), (a)(3)(B) and (b) and new subsection (e) filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 13252, 14 CA ADC § 13252
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