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retaining wall or other structure, to widen the footings or to | | secure the structure to the sand with tie-back anchors.__A | | state-certified geologist, state-licensed professional | | engineer or other qualified professional must make the | | determination that the actions taken by the property owner in | | accordance with this section are only those actions necessary | | to alleviate the imminent threat and do not include increasing | | the height or length of the structure. |
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| | | If a local code enforcement officer, state-licensed professional | | engineer or state-certified geologist fails to determine within 6 | | hours of initial contact by the property owner whether the | | integrity of a structure is destroyed or threatened, the property | | owner may proceed as if the local code enforcement officer, | | state-licensed professional engineer or state-certified geologist | | had determined that the integrity of the structure was destroyed | | or threatened. |
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| | | 4.__Replacement after emergency action under permit by rule.__ | | Notwithstanding any other provision of this chapter, the | | department shall approve a permit by rule to repair or replace a | | seawall, bulkhead, retaining wall or similar structure that has | | been destroyed or threatened with a structure that is identical | | in all dimensions and location as long as a property owner files | | a completed permit-by-rule notification for the repair or | | replacement of the structure and the following standards are met: |
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| | | A.__During project construction, disturbance of dune | | vegetation must be avoided and native vegetation must be | | retained on the lot to the maximum extent possible.__Any | | areas of dune vegetation that are disturbed must be restored | | as quickly as possible.__Dune vegetation includes, but is | | not limited to, American beach grass, rugosa rose, bayberry, | | beach pea, beach heather and pitch pine. |
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| | | B.__Sand may not be moved seaward of the frontal dune | | between April 1st and September 1st unless the owner has | | obtained written approval from the Department of Inland | | Fisheries and Wildlife. |
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| | | C. The replacement of a seawall may not increase the height, | | length or thickness of the seawall beyond that which legally | | existed within the 24 months prior to the submission of the | | permit-by-rule notification.__The replaced seawall may not | | be significantly different in construction from the one that | | previously existed. |
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| | | If a local code enforcement officer fails to determine whether | the integrity of a structure is destroyed or threatened within 12 | hours of initial contact by the property owner, the |
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