2023-06-02 DRAFT Joint Meeting Exh B (Proposed Amendments to PC Rules 8 & 9)

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CAMERO: So. KERN: So, the CRC, we administer the CRC or the Cultural Resource Commission. At times applications are sent through there. We have a couple in there right now. Typically speaking, they go through SHPD. SHPD is the authority or the State Historic Preservation Division. There where we send the request to whether to review a AIS or archaeological inventory survey, or for them to make the determination that no further work is being done there. They are the authority on that. When there is a request by them or potentially the Commission as there has been or if we see something unique, we will send that to the CRC for their review. It's not every single time, it's kind of on a case-by-case basis. LIN: Thank you. Commissioners any other questions, discussions? BALOG: Could I ask for some clarification on the waiver of public hearing. JACKSON: Yes, so what did you want to know about the waiver? BALOG: I understood what was in the presentation, but just how that applies with what we have as far as the rule changes in front of us. JACKSON: Okay. BALOG: Because it looks a bit different to me at this point. JACKSON: So, basically the State law allows the Planning Commission rules or the Planning Commission to delegate to the Director the ability to waive a public hearing for issuing a shoreline setback variance and they allow that for I believe 3 things. And those are listed on Page 8-6 of Planning Commission Rule 8 in Section 8-10. At the last hearing, one of the Commissioners said that one provision that the State law allowed which was to waive a hearing for other structures or activities provided that no person or agency requested a public hearing. The Commissioner wasn't comfortable with that, and it seemed like the entire Commission wasn't so, we removed that from the rules. So, now there are only 3 situations where a public hearing can be waived. That is for maintenance, repair, reconstruction and minor additions or alterations of legal boating, maritime, or water sports, recreational facilities that result in little or no interference with natural shoreline processes. So, that's one. The second one is for stabilization of shoreline erosion by moving sand entirely on public lands and the third instance is for protection of a structure determined by the Department to be legally constructed or a legal structure or public facility including any facility owned by a public utility that does not fix the shoreline under an emergency authorization issued by the authority. So, two of those situations specifically affect public lands and facilities and then the last one is for maintenance, repair, reconstruction of boating facilities. Which are often times also public facilities. 7 EXHIBIT B (DRAFT)