2025-06-16 PL-BOA-2025-000119 COMPLETE RECORD ON APPEAL (C. ROHR VS. PLANNING DIRECTOR)

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(C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process. (8) Public participation; (A)Promote public involvement in coastal zone management processes; (B) Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and (C) Organize workshops,policy dialogues, and site-specific mediations to respond to coastal issues and conflicts. (9) Beach protection; (A)Locate new structures inland from the shoreline setback to conserve open space,minimize interference with natural shoreline processes,and minimize loss of improvements due to erosion; (B) Prohibit construction of private erosion-protection structures seaward of the shoreline, except when they result in improved aesthetic and engineering solutions to erosion at the sites and do not interfere with existing recreational and waterline activities; and (C) Minimize the construction of public erosion-protection structures seaward of the shoreline. (10) Marine resources; (A)Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; (B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency; (C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone; (D)Promote research, study, and understanding of ocean processes, marine life, and other ocean resources in order to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources; and (E) Encourage research and development of new, innovative technologies for exploring,using, or protecting marine and coastal resources. §205A-26 Special management area guidelines. In implementing this part, the authority shall adopt the following guidelines for the review of developments proposed in the special management area: (1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure: (A)Adequate access,by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles; (B) Adequate and properly located public recreation areas and wildlife preserves are reserved; (C) Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon special management area resources; and (D)Alterations to existing land forms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods,wind damage, storm surge, landslides, erosion, siltation, or failure in the event of earthquake. (2) No development shall be approved unless the authority has first found: (A)That the development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interests. Such adverse effects shall include,but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planning options; (B) That the development is consistent with the objectives,policies, and special management area guidelines of this chapter and any guidelines enacted by the legislature; and 8