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• f' <br />wm-. <br />V <br />Department of Natural Resources g MCAR § U023 <br />(3) The harbor shall be available for use by the general public. <br />(4) The development plans shall minimize the waterward en­ <br />croachment of the facilities. <br />e. Off-shore marinas: <br />(1) The area shall be zoned for such use or local government <br />shall grant a land use permit. <br />(2) The proposed marina shall minimize encroachment water* <br />ward of the ordinary high water mark. <br />(3) The marina shall be sized consistent with the demand for <br />mooring facilities in the area and the number of watercraft to be served. <br />E. Retaining walls. <br />1. General standards: A permit shall be required for the construction <br />or reconstruction of all retaining walls which should be discouraged because <br />their appearance is generally not consistent with the natural e.nviionmcnt and <br />their constnretion and maintenance cost is generally greater than riprap. <br />2. Permit: Tire issuance of permits shall be contingent on all of the fol­ <br />lowing conditions: <br />a. Existing or expected erosion problems shall preclude tlic use of <br />riprap shore protection, or there shall be a demonstrated need for dhcct <br />shorcland docking. <br />b. Design shall be consistent with existing uses in the area. Example.^ <br />arc: riverfront commercial/industrial areas having existing strucUircs of this <br />nature, dense residential shorcland areas where similar retaining walls arc <br />common, resorts where floating docks may be attached to such a bulkhead, <br />or where barges are utilized to transport equipment and supplies. <br />c. Adequate engineering studies shall be performed of foundation <br />conditions, tiebacks, internal drainage, construction materials, and protection <br />against Hanking. <br />The facility shall not be an aesthetic intiusion upon the area and <br />is consistent with all applicable local, state, and federal management plans <br />and programs for the water body. <br />c. Encroachment below the ordinary high water mark shall be held <br />to the absolute minimum necessary for construction. <br />F. Other waterway obstructions. A permit shall be required for the con- <br />stiuction, reconstruction, relocation, removal, and abandonment of all other <br />Structures, cables other than utility crossings, pilings, or other fa­ <br />cilities not covered by specific regulations: