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This entry was published on 2014-09-22
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SECTION 34-0104
Identification of coastal erosion hazard areas
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 34
§ 34-0104. Identification of coastal erosion hazard areas.

1. The commissioner shall as soon as practicable, but no later than
thirty months after the effective date of this article, after the
adoption of rules and regulations pursuant to subdivision one of section
34-0108 of this article, and in full cooperation with and consultation
with local governments in which such land is located prepare a
preliminary identification of the erosion hazard areas of the state's
coastline. The identification may, in the discretion of the
commissioner, be carried out on a regional basis, with priority given to
the identification of critical erosion areas. Such preliminary
identification shall include, for each such area, a map showing the area
subject to erosion, a statement of the long-term average annual rate of
loss of land in such area from erosion, if applicable, and an
identification of any land areas containing or comprising natural
protective features the alteration of which might reduce or destroy the
protection afforded other lands against erosion, or lower the reserves
of sand or other natural materials available to replenish storm losses
through natural processes.

2. Upon completion of a preliminary identification of an erosion
hazard area, the commissioner or his designated hearing officer shall
hold a public hearing in a place reasonably accessible to residents of
the affected area in order to afford an opportunity for any person to
propose changes in such preliminary identification. The commissioner
shall give notice of such hearing to each owner of record, as shown on
the latest completed tax assessment rolls, of lands included within such
area, and also to the chief executive officer and clerk of each local
government within the boundaries of which any portion of such area may
be located, by certified mail at least thirty days prior to the date set
for such hearing, and shall insure that a copy of the preliminary
identification is available for public inspection at a convenient
location in such local government. The commissioner shall also cause
notice of such hearing to be published at least once, not more than
thirty days nor fewer than ten days before the date set for such
hearing, in at least one newspaper having general circulation in the
area involved and in the environmental notice publication provided for
under section 3-0306 of this chapter.

3. After considering the testimony given at such hearings and the
potential erosion hazard in accordance with the purposes and policies of
this article, and after consultation with affected local governments,
the commissioner shall issue the final identification of the erosion
hazard areas. Such final identification shall not be made less than
sixty days from the date of the public hearing required by subdivision
two hereof. A copy of such final identification shall be filed in the
office of the clerk of each local government in which such area or any
portion thereof is located. Notice that such final identification has
been made shall be given each owner of lands included within the erosion
hazard area, as such ownership is shown on the latest completed tax
assessment rolls, by certified mail in any case where a notice by
certified mail was not sent pursuant to subdivision two of this section,
and in all other cases by first class mail. Such notice shall also be
given at such time to the chief executive officer of each local
government within the boundaries of which such erosion hazard area or
any portion thereof is located.

4. The commissioner shall review the boundaries of each erosion hazard
area identified pursuant to this section ten years from the date of its
identification and every ten years thereafter. The commissioner may
revise erosion hazard area maps not sooner than twelve months after the
occurrence of a major man made or natural event or a major coastal storm
if he determines that topographical changes or loss of structural
protection at the end of such a twelve month period and as a result of
such event or such storm justify, pursuant to the regulations of the
department, adjustment of the erosion hazard area boundary by
twenty-five feet or more. Following such review, the commissioner shall
adjust the boundaries of such erosion hazard area to effect any
additions, deletions or technical changes, or to reflect any changes due
to erosion, accretion or other natural or man-made changes. The
commissioner shall follow the procedures set forth in subdivisions two
and three of this section with respect to any lands which are proposed
to be added to or deleted from an erosion hazard area because of an
adjustment of the boundaries of such erosion hazard area pursuant to
this subdivision.

5. The commissioner shall maintain a current file of maps or
descriptions of all erosion hazard areas pursuant to this article, which
shall be available to the public for inspection and examination at the
regional office of the department in which the area is wholly or partly
located and in the office of the clerk of each local government in which
each such area or part thereof is located.