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shall require the permittees to avoid adverse effects on or disturbance
of dune surfaces and shall require the mitigation sequence if the
adverse effects are unavoidable.
(B) Location of construction and beach access.
(i) Local governments shall require permittees to minimize
construction and pedestrian traffic on or across dune areas to the
greatest extent practicable, taking into account trends of dune movement
and beach erosion in that area.
(ii) Local governments may allow permittees to route
private and public pedestrian beach access to and from the public
beach through washover areas or over elevated walkways in their approved
dune protection and beach access plans. All pedestrian access routes
and walkways shall be clearly and conspicuously marked with permanent
signs by the local government if the beach access is public.
(iii) Local governments shall minimize proliferation
of excessive private access by permitting only the minimum necessary
private beach access points to the public beach from any proposed
subdivision, multiple dwelling, or commercial facility. In some cases,
the minimum beach access points may be only one access point. In determining
the appropriate grouping of access points, the local government shall
consider the size and scope of the development.
(iv) Local governments and the owners and operators
of commercial facilities, subdivisions, and multiple dwellings shall
post signs in areas where pedestrian traffic is high, explaining the
functions of dunes and the importance of vegetation in preserving
dunes.
(C) Location of roads.
(i) Wherever practicable, local governments may require
permittees to locate beach access roads in washover areas, blowout
areas, or other areas where dune vegetation has already been disturbed;
local governments shall require permittees to build such roads along
the natural land contours, to minimize the width of such roads, and
where possible, to improve existing access roads with elevated berms
near the beach that prevent channelization of floodwaters. Where practicable,
local governments shall require permittees to locate roads at an oblique
angle to the prevailing wind direction.
(ii) Wherever practicable, local governments shall
provide vehicular access to and from beaches by using existing roads
or from roads constructed in accordance with paragraph (1)(C) of this
subsection and clause (i) of this subparagraph. Local governments
shall not apply this provision in a manner which restricts public
beach access.
(iii) Local governments shall include in any permit
authorizing the construction of roads a permit condition prohibiting
persons from using or parking any motor vehicle on, through, or across
dunes in critical dune areas except for the use of vehicles on designated
access ways.
(D) Artificial runoff channels. Local governments shall
only authorize construction of artificial runoff channels (that direct
stormwater flow) if the channels are located in a manner which avoids
erosion and unnecessary construction of additional channels. Local
governments shall require that permittees make maximum use of natural
or existing drainage patterns, whenever practicable, when locating
new channels and stormwater retention basins. However, if new channels
are necessary, local governments shall require that permittees direct
all runoff inland and not to the Gulf of Mexico through critical dune
areas, where practicable.
(3) Mitigation. Mitigation means repairing, rehabilitating,
or restoring affected dunes and dune vegetation. Local governments
shall require permittees, as a condition of the permit, to mitigate
all adverse effects to dunes and dune vegetation which will occur
after a permittee has avoided and minimized such adverse effects to
the greatest extent practicable. Local governments shall require the
permittee to mitigate damage to dunes and dune vegetation so as to
provide, when compared to the pre-existing dunes and dune vegetation,
an equal or greater area of vegetative cover and dune volume, an equal
or greater degree of protection against damage to natural resources,
and an equal or greater degree of protection against flood and erosion
damage and other nuisance conditions to adjacent properties. When
determining the appropriate mitigation method, local governments shall
consider the recommendations of the General Land Office, federal and
state natural resource agencies, and dune vegetation experts.
(A) Mitigation standards for dunes. Local governments
may allow a permittee to mitigate adverse effects on dunes using vegetative
or mechanical means. Local governments shall require that a permittee
proposing to restore dunes use the following techniques:
(i) restore dunes to approximate the naturally formed
dune position or location, contour, volume, elevation, vegetative
cover, and sediment content in the area;
(ii) allow for the natural dynamics and migration of
dunes;
(iii) use discontinuous or continuous temporary sand
fences or an approved method of dune restoration, where appropriate,
considering the characteristics of the site; and
(iv) restore or repair dunes using indigenous vegetation
that will achieve the same protective capability or greater capability
as the surrounding natural dunes.
(B) Stabilization of critical dune areas. Local governments
shall give priority for stabilization to blowouts and breaches when
permitting restoration of dunes. Before permitting stabilization of
washover areas, local governments shall:
(i) assess the overall impact of the project on the
beach/dune system;
(ii) consider any adverse effects on hydrology and
drainage which will result from the project; and
(iii) require that equal or better public beach access
be provided to compensate for impairment of any public beach access
previously provided by the washover area.
(4) Compensation. Compensation means compensating for
effects on dunes and dune vegetation by replacing or providing substitute
dunes and dune vegetation. Local governments shall require the permit
holder to compensate for the adverse effects to dunes and dune vegetation
at a 1:1 ratio. Compensation may be undertaken both on-site and off-site;
however, off-site compensation may only be allowed as provided in
subparagraph (B) of this paragraph.
(A) On-site compensation. On-site compensation consists
of replacement of the affected dunes or dune vegetation on the property
where the damage to dunes and dune vegetation occurred and seaward
of the local dune protection line. A local government shall require
permittees to undertake compensation on the construction site, where
practicable. A local government shall require a permittee to follow
the requirements provided in paragraph (3)(A) of this subsection and
paragraph (4)(C)(iii)-(iv) of this subsection when replacing dunes
or dune vegetation.
(B) Off-site compensation. Off-site compensation consists
of replacement of the affected dunes or dune vegetation in a location
outside the boundary of the property where the damage to dunes and
dune vegetation occurred. The landward limit of allowable off-site
mitigation is the local dune protection line. Local governments shall
require that a permittee's compensation efforts take place on the
construction site unless the permittee demonstrates the following
facts to the local government:
(i) on-site compensation is not practicable;
(ii) the off-site compensation will be located as close
to the construction site as practicable;
(iii) the proffered off-site compensation has achieved
a 1:1 ratio of proposed adverse effects on successful, completed,
and stabilized restoration prior to beginning construction;
(iv) the permittee has notified FEMA, Region 6, of
the proposed off-site compensation.
(C) Information required for off-site compensation.
Local governments shall require permittees to provide the following
information when proposing off-site compensation:
(i) the name, address, phone number, and fax number,
if applicable, of the owner of the property where the off-site compensation
will be located;
(ii) a legal description of property intended to be
used for the proposed off-site compensation;
(iii) the source of sand and the dune vegetation;
(iv) all information regarding permits and certificates
issued for the restoration of dunes on the compensation site;
(v) all relevant information regarding the success,
current status, and stabilization of the dune restoration efforts
on the compensation site;
(vi) any increase in potential flood damage to the
site where the adverse effects on dunes and dune vegetation will occur
and to the public and private property adjacent to that site; and
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