§ 170-325. Normal maintenance and repair.

(a)

Normal repairs and the rehabilitation, replacement or maintenance of existing structures shall not require a coastal use permit provided that:

(1)

The structure or work was lawfully in existence, currently serviceable, and in active use during the year preceding the repair, replacement or maintenance.

(2)

The repair or maintenance does not result in an additional encroachment into a wetland area.

(3)

The repair or maintenance does not involve dredge or fill activities.

(4)

The repair or maintenance does not result in a structure or facility that is significantly different in magnitude or function from the original.

(5)

The repair or maintenance does not violate the building code or floodplain performance standards.

(b)

This exemption shall not apply to the repair or maintenance of any structure or facility built or maintained in violation of the coastal management program.

(c)

Coastal use permits will normally authorize periodic maintenance, including maintenance dredging. All maintenance activities authorized by coastal use permits shall be conducted pursuant to the conditions established for that permit. Where maintenance is performed which is not described in an applicable coastal use permit, it shall conform to this section.

(Code 1956, § 15A-10)

State law reference

Enforcement, R.S. 49:214.36(B), (C).