During the 2013 Legislative Session, House Bill 402 was passed to include amendments to both the Coastal Marshlands Protection Act (CMPA) and the Shore Protection Act (SPA).
Per House Bill 402, Letter of Permission is defined in both acts to mean, “written authorization from the department to conduct a proposed activity in an area subject to the jurisdiction of this part, provided such activity is either within the physical perimeter of an existing serviceable project or involves the construction and removal of a project or other temporary activity that concludes within six months, inclusive of the time needed to return all affected areas to a condition approximately to, or better than, that which existed before commencement of the activity.”
In plain language, House Bill 402 does the following regarding a Letter of Permission:
• Makes it clear through statutory language that the procedure of issuing a Letter of Permission falls under the powers and duties of the Department of Natural Resources.
• Allows the Department to collect a reasonable fee for processing a Letter of Permission (at this time there are no plans to collect such a fee).
• Adds language that clarifies that no Coastal Marshlands Protection Act (CMPA) or Shore Protection Act (SPA) permit is required for an activity authorized by a Letter of Permission.
• Requires the Department to provide public notification of the issuance of a Letter of Permission at least 15-days prior to the commencement of the activity authorized by such Letter of Permission. Public notification may not be required if the department has determined that such activity is necessary for public safety or the delivery of public services.
In order for staff to properly evaluate and issue a Letter of Permission, at a minimum the following items are required:
• A request for a LOP must be provided to staff for evaluation a minimum of 20 business days prior to the proposed start date of the activity.
• The request must be from someone who owns or has an interest in the subject property or has permission from such individual or entity.
• Proposed project scope, including the timeframe of the proposed activity.
• Proposed project drawings.
Click Here for a copy of House Bill 402.
Contact your local permit coordinator at either our Brunswick headquarters office at (912) 264-7218 or at our Richmond Hill satellite office with questions or to schedule a pre-application site visit.
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