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§480-W. Emergency actions to protect threatened property |
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| | Notwithstanding section 480-C, if the local code enforcement | officer or a state-certified geologist determines that the | integrity of a seawall, bulkhead, retaining wall or similar | structure in a coastal sand dune system is destroyed or | threatened, the owner of property protected by the seawall, | bulkhead or similar structure may, without obtaining a permit | under this article: |
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| | 1. Protective materials. Place riprap, sandbags or other | heavy nonhazardous material to shore up the threatened structure | and replace, repair or leave the materials in place until a | project designed to alleviate the threat is certified by the | department and by the local code enforcement officer, and that | project requires removal of the material; and |
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| | 2. Strengthening of structure. Take such actions as are | necessary to strengthen the seawall, retaining wall or other | structure, including widening the footings and securing the | structure to the sand with bolts. |
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| | 3.__Emergency action exemption.__Notwithstanding section 480- | C, if the local code enforcement officer, a state-licensed | professional engineer or a state-certified geologist determines | that the integrity of a seawall, bulkhead, retaining wall or | similar structure in a coastal sand dune system is destroyed or | threatened, the owner of property protected by the seawall, | bulkhead, retaining wall or similar structure may perform or | cause to be performed the following activities without obtaining | a permit under this article: |
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| A.__Place riprap, sandbags or other heavy nonhazardous | material to shore up the threatened structure and leave the | material in place until a project designed to repair or | replace the structure is permitted by the department.__After | such emergency action is taken and within 5 working days | after the imminent threat, the property owner must provide | written notice to the department of the date the emergency | action was taken and a description of the emergency action | taken.__Within 6 months following placement of any material | pursuant to this paragraph, the property owner must submit | to the department an application to repair or replace the | structure.__The material placed pursuant to this paragraph | must be removed within 18 months from the date a permit is | issued by the department; or |
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| B.__Make permanent repairs, to the extent necessary to alleviate | the threat, to strengthen the seawall, bulkhead, |
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