§ 5B-124. Shore Erosion Protection.

(a)

Purpose. The alteration of the natural landscape and the use of structural devices to protect the shoreline from erosion can result in a significant disturbance to the aquatic environment and increase erosion downstream. This section for limits the use of structural erosion control devices to only those areas where major erosion problems exist and where living shorelines or nonstructural erosion control measures are not practical or effective. In general, improvements to protect a person's property against erosion shall consist of nonstructural measures that preserve the natural environment, such as marsh creation, maintenance of buffer zones, and the establishment of natural barriers to prevent intrusion on fragile, vegetated shorelines are encouraged. The criteria set forth in this section are not intended to apply to those structures necessarily associated with Water-dependent Facilities as discussed in Section 5B-118.

(b)

Permits and Approvals Required. A grading permit or building permit is required for all shoreline erosion control activities. An approved Conservation Plan is required prior to the issuance of any permit. M-NCPPC, DPW&T and, as necessary, DER shall sign off on all permits associated with shore erosion protection projects.

(c)

Standards for erosion protection. Each application for shore erosion protection shall meet the following standards:

(1)

Structural control measures shall only be used in areas where appreciable erosion has occurred and where non-structural measures would not be practical or effective in controlling erosion as mapped by the Maryland Department of the Environment or otherwise approved by the Maryland Department of the Environment through the waiver process.

(2)

Where structural erosion control is required, the measure that best provides for conservation of plant, fish, and wildlife habitat and that is practical and effective shall be used.

(3)

Living shorelines and non-structural measures shall be utilized in areas of erosion where they would be a practical and effective method of erosion control.

(4)

Structural erosion measures shall not be permitted in areas where no significant erosion occurs.

(5)

If significant alterations in the characteristics of a shoreline occur, the measure that best fits the change may be used for sites in that area.

(d)

Shoreline changes. Storms and other natural events may change current shoreline erosion patterns. As a result, an individual may use the Maryland Department of the Environment (MDE) waiver process to request the use of a structural erosion control device in an area that is not currently designated for structural controls. An MDE waiver request shall be submitted to the Director and must be accompanied by documentation that identifies the specific location of the site to be protected and describes the event or events that led to the change in the erosion pattern. Notification of such a request shall be sent to MDE and M-NCPPC for review and comment prior to approval.

(e)

Process. When reviewing a conservation plan for structural erosion control devices, the application shall be referred to the Soil Conservation District for field verification of the need for structural erosion control as well as for recommendations on proposed erosion control mechanisms.

(1)

Any application for the installation of an erosion control device must, at a minimum, include the following information:

(A)

Photographs of the erosion problem;

(B)

The specific location of the site indicated on a 7 ½ Minute USGS

Topographic Quadrangle Map;

(C)

Soil type and erodibility;

(D)

A copy of the proposed Conservation Plan; and

(E)

The proposed and existing land use.

(2)

Applications must include either a copy of the application for authorization from the Maryland Department of the Environment and the U.S. Army Corps of Engineers or an approved authorization. An approved authorization does not prohibit the Director from denying or modifying the application to the County prior to permit approval.

(f)

Mitigation. Most shore erosion control projects involve disturbance to the shoreline and the Buffer. Mitigation shall be provided for disturbance in accordance with the provisions of Section 5B-119. Shore erosion control projects that are installed completely from the water and involve only offshore measures, such as breakwaters, may not require mitigation if the applicant demonstrates that the construction does not affect the Buffer.

(CB-75-2010)