| (1)__The hardship is not the result of action taken | by the applicant or a prior owner; and |
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| (2)__There are no practicable measures or | alternatives that would allow the project to proceed | in compliance with section 480-BB, subsection 5.__The | applicant must demonstrate that the applicant has | explored all alternatives that would allow the | project to proceed in compliance with section 480-BB, | subsection 5 and must explain to the satisfaction of | the department why each such alternative is | unavailable or unreasonable. |
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| §480-EE.__Standard conditions of permits |
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| | The following standard conditions apply to any permits | granted under this article unless the permit specifically | states otherwise. |
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| | 1.__Shoreline recession.__If the shoreline recedes so that a | coastal wetland, as defined under section 480-B, subsection 2, | extends to any part of the structure, including support posts | but excluding seawalls, for a period of 6 months or more, then | the approved structure along with appurtenant facilities must | be removed and the site must be restored to natural conditions | within one year. |
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| | 2.__Removing debris.__Any debris or other remains from | damaged structures on the property must be removed from the | coastal sand dune system. |
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| | 3.__Natural dune vegetation.__The permit holder shall | restore any disturbed areas of natural dune vegetation as | quickly as possible. |
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| | 4.__Approval of variations from plans.__The granting of a | permit is dependent upon and limited to the proposals and | plans contained in the application and supporting documents | submitted by the applicant.__Any variation from these plans, | proposals and supporting documents is subject to review and | approval prior to implementation. |
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| | 5.__Compliance with all applicable laws.__The permit holder | shall secure and comply with all applicable federal, state and | local licenses, permits, authorizations, conditions, | agreements and orders prior to or during construction and | operation, as appropriate. |
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| | 6.__Compliance with all permit terms and conditions.__The | permit holder shall submit all reports and information | requested by the department, demonstrating that the applicant | has complied |
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