§ 127-13. Dune area restrictions.

A. 

Dunes prevent overtopping and store sand for coastal processes. High, vegetated dunes provide a greater degree of protection than low, unvegetated ones. Dunes are of the greatest protective value during conditions of storm-induced high water. Because dunes often protect some of the most biologically productive areas as well as developed coastal areas, their protective value is especially great. The key to maintaining a stable dune system is the establishment and maintenance of beach grass or other vegetation on the dunes and assurance of a supply of nourishment sand to the dunes.

B. 

The following restrictions shall apply to regulated activities in dune areas:

(1) 

In primary dune areas:

(a) 

Excavating, grading or mining of primary dunes is prohibited.

(b) 

Clean sand of compatible type and size is the only material which may be deposited. Any deposition requires a coastal erosion management permit.

(c) 

All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of or restore a dune or dune area.

(d) 

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.

(e) 

Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the primary dune.

(f) 

Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the waterward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches.

(2) 

In secondary dune areas:

(a) 

All depositions must be of clean sand of a compatible type and size, and all grading must be performed so as to increase the size of or restore a dune or former dune area.

(b) 

Excavating, grading or mining must not diminish the erosion protection afforded by secondary dunes.

(c) 

Nonmajor additions to existing structures are allowed on secondary dunes pursuant to a coastal erosion management permit.

(d) 

Permitted construction, reconstruction, restoration or modifications must be built on adequately anchored pilings such that at least three feet of open space exists between the floor joists and the surface of the secondary dune, and the permitted activity must leave the space below the lowest horizontal structural members free of obstructions.

(3) 

All other activities and development in dune areas are prohibited unless specifically provided for by this chapter.

(4) 

The restrictions of § 127-16, Traffic control, shall apply to dune areas.

(5) 

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