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/f <br />Department of Natural Resources 6 NICAlt § 1.5023 <br />(3) The harbor shaU 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 environment and <br />their construction and maintenance cost is generally greater thin riprap. <br />2. Permit: Tl►e issuance of permits shall be contingent on all of the fol <br />lowing conditions: <br />a. Existing or expected erosion problems shall preclude the use of <br />riprap shore protection, or there shall be a demonstrated need for direct <br />shoreland docking. <br />b. Design shall be consistent with existing uses in the zrea. Examples <br />are: riverfront commercial/industrial areas having existing structures of this <br />nature, dense residential shoreland areas where similar retaining walls are <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 flanking. <br />d. The facility shall not be an aesthetic intrusion upon the area and <br />is consistent with all applicable local, state, and federal management plans <br />and programs for the water body. <br />e. 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 />struction, reconstruction, relocation, removal, and abandonment of all other <br />off -shore structures, cables other than utility crossings, pilings, or other fa- <br />c;'W-.t not covered by specific regulations: <br />21 <br />