§205A-43  Establishment of shoreline setbacks and duties and powers of the department.  (a)  Setbacks along shorelines are established of not less than forty feet inland from the shoreline.  The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks and rules pertaining thereto.

     (b)  The powers and duties of the department shall include, but not be limited to:

     (1)  The department shall adopt rules under chapter 91 prescribing procedures for determining the shoreline setback line; and

     (2)  The department shall review the plans of all applicants who propose any structure, activity, or facility that would be prohibited without a variance pursuant to this part.  The department may require that the plans be supplemented by accurately mapped data and photographs showing natural conditions and topography relating to all existing and proposed structures and activities. [L 1986, c 258, pt of §1; am L 1989, c 356, §11; am L 2020, c 16, §8]


Case Notes


  Cited:  132 H. 9, 319 P.3d 1017 (2014).