§ 50-188. Coastal marsh, mangrove and marine grass bed protection.

(a)

Quantity and quality. Any development activity that would directly or indirectly affect the quantity or quality of marshes, mangroves or marine grass beds must be documented as being essential to the public interest. The burden for providing such documentation shall rest solely with the applicant.

(b)

Recreational activities. Recreational activities in marshes, mangroves and marine grass beds shall be limited to access purposes. Examples of such acceptable purposes include boat ramps, docks elevated on pilings and bridges elevated on pilings.

(c)

Mitigation. Any disruption of a marsh, mangrove or marine grass bed shall require mitigation, with restoration within one year to an area equal in square feet to the original, undisturbed area; and with a mix of vegetative species and density (number of plants per square foot) equal to that which existed prior to disturbance.

(d)

Endangered habitat preservation. Any endangered or pristine habitat identified by a state or federal agency shall be preserved without any disturbance whatsoever.

(1991 LDR ch. 53, art. 2)