Livin ing g Shoreline ines s Laws s & Regulation ations s - - PowerPoint PPT Presentation

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Livin ing g Shoreline ines s Laws s & Regulation ations s - - PowerPoint PPT Presentation

Livin ing g Shoreline ines s Laws s & Regulation ations s in Maryland and Bhaskaran Subramanian, Ph.D. Beaufort, NC Image or Graphic October 8, 2019 MDE: Regulatory Agency DNR: Resource Agency 1 Key Points History of how


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Image or Graphic Bhaskaran Subramanian, Ph.D. Beaufort, NC October 8, 2019 MDE: Regulatory Agency DNR: Resource Agency Livin ing g Shoreline ines s Laws s & Regulation ations s in Maryland and

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Key Points…

  • History of how MD regulates
  • MD’s permit process: individual

and general permits- state and federal

  • % of LS vs structural
  • State’s strategies to increase LS
  • Demonstration projects: moving

science forward

  • Emerging regulatory challenges
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  • MDSPGP: first established in 1996 (valid

for 5 years)

  • Currently MDSPGP 5.
  • Category A: General Permit

– Less than 500 LF shoreline; and / or – 35LF maximum channelward encroachment

  • Category B: Individual Permit
  • Independent review by Corps and other state /

local and other federal agencies (such as NOAA Fisheries).

How does MD Permit…

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Shore Erosion Control Law: 1968

  • The Shore Erosion Control Program was

established in 1968 by act of the Maryland's General Assembly.

  • The Shore Erosion Control Program

provides both technical and financial assistance to landowners in completing both structural and living shoreline projects.

  • Vegetative stabilization- preferred, but

structural projects are used in areas with high rates of erosion.

  • Technical assistance is provided through

site evaluations, problem assessments and recommended solutions.

Vegetative Stabilization- erstwhile Living Shorelines

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Erosion Control Measures: Order of preference

  • No action
  • Nonstructural shoreline

stabilization

  • Structural measures to

stabilize nonstructural stabilization

  • Revetments
  • Breakwaters
  • Groins
  • Bulkheads
  • COMAR 26.24.04.01
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  • Bill passed into Law October 2008; regulations

implemented in February 2013.

  • The law provides the regulatory agency with a strong

foundation to promote alternate shoreline erosion control measures.

  • The Law clearly states: “Improvements to protect a

person’s property against erosion shall consist of non- structural shoreline stabilization measures (i.e. living shorelines) except where the person can demonstrate such measures are not feasible, or where mapping indicates areas that have been deemed appropriate for structural shoreline stabilization measures”.

Living Shorelines Protection Act of 2008

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Post- Feb. 4, 2013

  • Regulations implemented

February 4, 2013

  • Order of preference

– No action – Relocation of structures – Nonstructural shore erosion control project – Structural shore erosion control project with MDE approved

  • Waiver
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LS Waiver Worksheet

  • MDE waiver process

should be completed prior to submitting Joint Federal/State Application (JPA)

  • Navigation, Width of

waterway, Depth at toe of bank, Depth of waterway, Shoreline orientation, Fetch, Bottom material

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Some Numbers…

  • Before 2008, 9% of shoreline stabilization projects

were “living” rather than structural

  • September 20, 2014- 2019

– 5,695 permits issued – 455 licenses were LS – 161,336 LF shoreline restored – 159 ac marsh created

  • Latest available analysis shows 17-19% of approved

shoreline stabilization projects are “living” (Currey, SOC 2018)

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Outre reac ach & Education ucation

MD’s Strategies…

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Outreach Materials

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Outreach Materials

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B r

  • c

h u r e s Factsheets

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Interpretive Panels

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Homeowners’ Workshop

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LS Professionals’ Workshops

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Grants

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Design Grant Design Grant

Erosion Rate Study Grant

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U.S. Army Corps of Engineers

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  • Identify areas vulnerable to

effects from shoreline erosion over 50 years.

  • Provide information using

GIS to screen and evaluate potential impacts from shoreline erosion.

  • Present data and studies to

support shoreline erosion project formulation.

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LS Suitability Study for Counties

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How is MD overcoming barriers?

  • Ongoing process: uphill

task

  • Dialogue/discussion
  • Literature review
  • Pre-app meetings
  • Demonstration projects
  • Mapping products and

models

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Wishbone Design”

Gunston School LS Project

Completed: August 2013 Cost: $115,000 Cost/Linear feet: $144

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Coastal Resiliency Grant Program

  • Eligible Projects:

– Year 1: Natural and nature-

based shoreline stabilization and coastal flood reduction projects.

– Year 2: Expansion to

upland/non coastal communities with stormwater and/or floodplain climate impacts

  • Community Resilience Grant

Solicitation

– Phase 3: Implementation – 22 requests (over $1.6 M) – Design/permitting – Future funding: construction,

adaptive management

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Emerging Challenges…

  • More buy-in needed from

marine contractors, engineers, etc.

  • Biggest challenge-

permitting for the future instead of the past!!!

  • Communicating

environmental timescale to people.

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Bhaskaran Subramanian, Ph.D.

Chief, Shoreline Conservation Service bhaskar.subramanian@maryland.gov Ph: (443) 454-1638

http://dnr.maryland.gov/ccs/Pages/livingshorelines.aspx