Sec. 26.24.04.01-4. Design of Structural Shoreline Stabilization Measures

A. A person proposing a structural shoreline stabilization measure that employs a jetty, groin, breakwater, or other offshore structure, shall design the project to:

(1) Allow natural littoral movement of sand along the shore;

(2) Minimize erosion and undesirable shoaling;

(3) Use materials that are:

(a) Of adequate size, weight, and strength to function as intended;

(b) Free of protruding objects, debris, and contaminants; and

(c) Selected to minimize impacts to water quality and plant, fish, and wildlife habitat;

(4) Use backfill material free of litter, refuse, junk, metal, tree stumps, logs, or other unsuitable materials;

(5) Prevent damage due to scour; and

(6) Minimize grading and other impacts on riparian habitat.

B. The Department may not authorize encroachment into State or private tidal wetlands unless:

(1) The encroachment is limited to that which is structurally necessary and is verified by a design report or other documentation, as required by the Department; and

(2) For a bulkhead:

(a) The encroachment is three feet or less beyond the mean high water line; and

(b) Other nonstructural and structural shoreline stabilization measures are infeasible, as determined by the Department.