PART 3: Prohibited Activities

3.01 Construction Seaward of the Building Line
  1. No person shall commence the construction of any structure, or portion thereof, seaward of the Building Line on any parcel of real property, except where one or more of the following conditions exist:
    1. The Division has made a determination during the permit application processing stage that the size of the area of the parcel of real property located landward of the Building Line is inadequate for construction of the proposed structure or a portion thereof. However, the Division's determination as to the adequacy of the area of the parcel of land located landward of the Building Line, or as to any modification or redesign shall not conflict with any Federal, County or local laws, regulations, or planning, zoning and building ordinances.

    2. That the dimensions and location of the structure, or portions thereof, as proposed and other design aspects of the proposed construction project, including, but not limited to, parking lots and landscaping, cannot be modified or redesigned in order to have the final structure or portion thereof located either less seaward or completely landward of the Building Line. (See PART 5 Section 5.03(b) for further explanation of what the Division will examine when a permit application is processed and whether or not the proposed structure, or portion thereof, may have to be modified or redesigned). However, the Division's determination as to the adequacy of the area of the parcel of land located landward of the Building Line, or as to any modification or redesign shall not conflict with any Federal, County or local laws, regulations or planning, zoning and building ordinances. (Note that this exception shall not apply if the provisions of Section 3.01(b) are applicable to the parcel of land in issue.)

    3. Whenever a deck is being constructed along with a new building, and said deck is located at or above the lowest living floor of the building, said deck is also making use of the foundation of said building and said deck shall not extend beyond the most seaward point of any lawfully constructed building or deck of a similar nature that is already existing on any immediately adjacent parcel of real property located within the same subdivision as the parcel of real property on which the building or deck is proposed.

    4. The Division has made a written determination that the proposed structure, or a portion thereof, must be located seaward of the Building Line on a parcel of land in order that the intended purpose of the structure, or a portion thereof, will be achieved. The provisions of this Section and subsection may apply to the following types of structures: pipelines, docks, piers, wharves, boat ramps, and other harbor structures, as well as other types of structures that have the purpose of protecting the beach or shore, preventing beach erosion, and carrying out the purposes of the Act and the Regulations. However, for purposes of this Section and subsection, a building, patio, deck, swimming pool, carport or similar type of structure shall not be considered by the Division as being the type of structure that must be located seaward of the Building Line on a parcel of land in order to achieve the intended purpose of the structure. The Division may require that these latter types of structures, or portions thereof, be constructed landward of the Building Line, or not constructed at all.

  2. Except as provided in subsections 3.01 (a)(3) and (4) of these Regulations, no person shall construct any structure, or portion thereof, on any parcel of real property, or portion thereof, that is located seaward of the Building Line whenever the following facts and circumstances exist:

    1. The parcel of real property, or a portion thereof, on which a proposed structure, or portion thereof, would be constructed, was subdivided from a large parcel of real property after August 13, 1981. In addition, at the time said parcel of real property, or portion thereof, was subdivided from a larger parcel of real property, construction of a structure, or portion thereof, would not have been approved by the Division because the size of the area landward of the Building Line on the smaller subdivided parcel of real property was inadequate. (See Section 2.14 and PART 4 of the Regulations.)

  3. The provisions of PART 3 of the Regulations have provided for certain exceptions to the general prohibition against construction seaward of the Building Line. However, prior to the commencement of any construction of any structure, or portion thereof, that is included within one or more of the exceptions set forth in said PART 3, the owner of the proposed structure or portion thereof shall apply to the Division for a permit pursuant to the provision set forth in Section 4.05 of the Regulations. The permit application will be processed pursuant to procedures set forth in PART 5 of the Regulations.

3.02 Modification or Expansion of Structures Seaward of the Building Line
  1. Before any person shall commence construction of any modification or expansion pursuant to the provisions of this Section, said person shall apply for and be issued a letter of approval or a permit from the Division.

  2. A person is prohibited from modifying or expanding any structure, or portion thereof, seaward of the Building Line, including those structures, or portions thereof, that were (1) constructed prior to the effective date of these Regulations, or (2) were constructed pursuant to the provisions of Section 2.04 of these Regulations, unless one or more of the following exceptions apply to the proposed modification or expansion at issue:

    1. The provisions of Section 3.01 (a)(4) should be applied to the proposed modification or expansion because the intended purpose of the structure, or portion thereof, that is to be modified or expanded must be achieved. A permit shall be required for work under this Section. See PART 4 of these Regulations.

    2. The modification or expansion consists of only a deck located at or above the lowest living floor of a building, and the modification or expansion makes use of the foundation of said building that existed prior to said modification or expansion. However, any deck or portion thereof, that is modified or expanded pursuant to any provision of this Section shall not extend beyond the most seaward point of any lawfully constructed building or deck of a similar nature that is already existing on any immediately adjacent parcel of real property that is located within the same subdivision as the parcel of real property on which the modification or expansion is proposed. A letter of approval shall be required for work under this Section. See PART 4 of these Regulations.

3.03 Other Activities
The following activities are prohibited:

  1. The operation of any motorized vehicle or machine on, over or across the primary dune on any State-owned beach except at those locations specified by the Department for such use (see current State Parks Rules, and Regulations for additional rules);

  2. Pedestrian traffic on, over or across the primary dune on any State-owned beach except at those locations specified by the Department for such use;

  3. The alteration, moving or removal of any facility, improvement or structure installed or maintained by the Department for enhancement, preservation or protection of any beach; and

  4. The damaging, destruction or removal of any trees, shrubbery, beachgrass or other vegetation growing on any State-owned or maintained beach seaward of the Building Line.

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