§ 16-52.080. Tidelands permit.

A.

Purpose. To preserve, promote and enhance tidelands, waterways, shorelines, salt marshes, and beaches as vital natural resources that provide open space, wildlife habitat, scenic views, and recreational and water-oriented resources in the town.

B.

Review. Tidelands permit review consists of examination of plans and proposals for land use, grading, or site construction/development.

C.

Requirements. A tidelands permit is required for all grading and/or construction on land and/or water areas within the town's jurisdiction that are located in the M zone, and includes all submerged land, and partially submerged land up to the mean high tide line on the property, utilizing North American Vertical Datum (1988) for elevation data, unless designated in a different zone on the zoning map.

E.

Exemptions. Emergency work to prevent impending damage to land or improvements from floodwaters; maintenance work to buildings or structures that were approved by tidelands permit; any structure, fill, or excavation which the director finds to be minor or incidental; any structure, fill or excavation which has been approved as part of any application, action or permit except as approved by a building permit, shall not be subject to a tidelands permit.

F.

Permitting procedures. The director shall act on tidelands permit applications if the application includes only repair to a structure, or is minor and incidental and without significant environmental impact. Otherwise, the application shall be referred to the commission for consideration with a conditional use permit (section 16-52.040). The director may refer any application for tidelands permit to the planning commission.

G.

Notices. The director shall mail courtesy (i.e., not required by state or local law) notices of all applications for a tidelands permit to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the director. Failure of any party to receive a courtesy notice shall not invalidate the proceedings.

H.

Expiration. A tidelands permit shall expire and become null and void three years after its effective date, unless vested. No time extensions are permitted.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S., §§ 2(T), (U), 8-15-2012; Ord. No. 577 N.S. , § 2(F), 5-16-2018)