§ 127-12. Beach area restrictions.

A. 

Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are low and narrow. Beaches also act as reservoirs of sand or other consolidated material for longshore littoral transport and offshore sandbar and shoal formation.

B. 

The following restrictions shall apply to regulated activities within beach areas:

(1) 

Excavating, grading or mining which diminishes the erosion protection afforded by beaches is prohibited.

(2) 

Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas. Any deposition will require a coastal erosion management permit which may be issued only for expansion or stabilization of beaches.

(3) 

Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department of Environmental Conservation.

(4) 

All development is prohibited on beaches unless specifically provided for by this chapter.

(5) 

The restoration of existing structures on beaches that are damaged or destroyed by events not related to coastal flooding and erosion shall not be undertaken without a coastal erosion management permit.