§ 127-14. Bluff area restrictions.

A. 

Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features.

B. 

The following activities shall be prohibited on bluffs:

(1) 

Excavating or mining except when in conjunction with conditions stated in a coastal erosion management permit issued for minor alterations in construction of an erosion protection structure or for the provision of shoreline access.

(2) 

The restriction of § 127-16, Traffic control, shall apply to bluffs.

(3) 

All development unless specifically allowed by this § 127-14.

(4) 

Disturbance of active bird nesting and breeding areas unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department of Environmental Conservation.

(5) 

Soil disturbance that directs surface water runoff over a bluff face.

C. 

The following activities are specifically allowed under this subdivision:

(1) 

Minor alteration of a bluff done in accordance with conditions stated in a coastal erosion management permit issued for new construction, modification or restoration of an erosion protection structure.

(2) 

Bluff cuts done in accordance with conditions stated in a coastal erosion management permit issued for the provision of shoreline access, where:

(a) 

The cut is made in a direction perpendicular to the shoreline.

(b) 

The ramp slope may not exceed 1:6.

(c) 

Side slopes may not exceed 1:3 unless terraced or otherwise structurally stabilized.

(d) 

Side slopes and other disturbed nonroadway areas must be estabilized with vegetation or other approved physical means.

D. 

New construction, modification or restoration of walkways or stairways done in accordance with conditions of a coastal erosion management permit.

E. 

Nonmajor additions to existing structures may be allowed on bluffs pursuant to a coastal erosion management permit.

F. 

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