§ 196A-12. Coastal Erosion

H. Banks characterized by non-storm lunar cycle wave action and a normally steady rate of erosion

In determining whether the bank complies with the above description, the Commission shall look at the state of bank vegetative cover and the locations of mean high water and spring high tide. Where these locations intersect with the toe of the bank, the Commission shall presume that the banks are normally subject to regular wave action and the following standard shall apply:

(1) No CES will be permitted if the building to be protected is more than 20 years away from the top of the bank based on the long term average annual erosion rate. For example, if the annual erosion rate is two feet per year or more and the structure is 40 feet or less from the top of the bank, the Commission may consider permitting a CES where there are no feasible alternatives and other conditions had been met.

(2) Where the applicant is unable to document the erosion rate, no CES shall be permitted where the building to be protected is more than 40 feet from the top of the bank or until monitoring the erosion shows an erosion rate that would expose the building foundation in 20 years or less.

Where a coastal bank is subject both to episodic storms and steady erosion from lunar cycle tides, protection may be approved for the more severe threat.