CONDITIONS for GENERAL PERMITS
WITHIN THE RECOGNIZED BOUNDARIES OF THE WEEKS BAY NATIONAL ESTUARINE RESEARCH
RESERVE (WB-1 THROUGH WB-9):
All Special and
General Conditions, including all ADEM Water Quality Certification and Coastal
Zone Management Consistency conditions are applicable in the Reserve.
In addition, the following nine conditions (prefixed by WB) apply to the
areas fronting the waters of the Reserve:
Riparian area boundaries and other riparian information:
Contact the
Alabama Department of Conservation and Natural Resources – State Lands Division
(ADCNR-SLD) for guidance regarding the location of the riparian area boundaries.
WB-1.
Ownership:
Permit applicants must provide evidence of riparian ownership with an
affirmation of accuracy as part of the application package.
WB-2.
Lateral Riparian Lines:
The burden of locating riparian lines is
the responsibility of the riparian owner.
WB-3. Riparian
Rights Area:
All structures and other activities must be within the riparian rights
area of the applicant and must be designated in a manner that will not restrict
or otherwise infringe upon the riparian right of adjacent upland riparian
owners. Configuration, location or
design of the structure may not either physically preclude nor have the effect
of precluding public access to public waters adjacent to the upland.
It is recommended that the structure be centered on the applicant’s
property.
WB-4. Setback:
All structures shall be setback a minimum of twenty-five (25) feet from
the applicant’s lateral riparian rights line.
However, a 10-foot setback from the applicant’s lateral riparian rights
line may be approved should the applicant’s riparian area be inadequate to
maintain a 25-foot setback for each riparian rights line.
WB-5.
Submerged Grassbeds:
A survey for
submerged grassbeds may be required prior to final evaluation of a permit
application. Pier construction shall
be done in such a way as to prevent damage to any submerged grassbeds.
WB-6. Lease
Requirement:
Facilities and activities which constitute exclusive use of state-owned
submerged land, or have the effect of precluding public access to those lands,
may require an appropriate lease from the ADCNR-SLD, who may require a separate
permit, riparian easement and/or fee for the proposed activity.
Project coordination with ADCNR is
the permittee’s responsibility.
WB-7. State
and Local Requirements:
It is the permittee’s responsibility to comply with all State and local
requirements applicable to the permittee’s activity.
This permit DOES NOT supersede any other mandated requirements.
WB-8.
Dredging:
No dredging to create channels, or any other similar bottom disturbance,
is authorized by this General Permit.
Prop dredging is strictly prohibited.
This condition does not apply to
the minimum bottom disturbance which occurs during the installation of support
or mooring pilings.
WB-9.
Community Piers:
Communal areas which share riparian ownership may construct a “community
pier” to provide riparian access.
Permits will take into consideration the number of riparian owners involved in
the project. Joint projects
must be coordinated with the
ADCNR-SLD.
