§ 196A-11.1 Walkways

B. Performance Considerations

A walkway may be permitted in cases where it can be demonstrated to improve the condition of a resource area and when such demonstrated improved condition exceeds the benefit that could be reasonably expected from a restoration effort; or where it can be demonstrated that irreparable erosion and destabilization of a resource area would result from informal access. The owner of the property on which the structure is proposed should submit for review a Notice of Intent and any other required applications, including clear delineation of property boundaries. In demonstrating the potential improved condition of or preventive benefit to the resource area, the following potential impacts must be considered:

(1) The extent of existing erosion or degradation of vegetation or substrate resulting from foot traffic must be evaluated. Reasonable efforts to regenerate damaged resource areas should be fully explored.

(2) The presence or absence of habitat must be determined. There should be no loss or degradation of habitat for shellfish, finfish, birds, reptiles or other animals, or of fish runs resulting from the proposed structure.

(3) There should be no detrimental impacts on vegetation caused by the proposed structure.

(4) There should be no significant alteration in wind patterns and littoral processes resulting from the proposed structure.

(5) There should be no undue detriment to public views resulting from the proposed structure.

(6) There should be no loss or degradation of public access opportunities resulting from the proposed structure.

(7) There should be no other detrimental impact caused by the proposed structure.

(8) The cumulative effect of the proposed structure must be considered. Cumulative effects are the combined effects (B)(1) through (B)(7) of all existing structures within the same resource system.

(9) Impacts on the resource from the use of the proposed structure must be determined. The frequency, volume and intensity of use must justify the need for the structure. Shared use structures are to be encouraged as a means to provide access to the shore while minimizing the number of structures that might otherwise be permitted.