Alabama Statewide Rule
Alabama Coastal Area Management Program Rules
Key Facts
- Statute
- Code §9-7-10 et seq.
- Counties covered
- Mobile and Baldwin
- Regulator
- ADEM Coastal Programs
- Key boundary
- Construction Control Line
- Joint review
- U.S. Army Corps
Summary
Alabama's Coastal Area Management Program, administered by ADEM under Code §9-7, regulates development in Mobile and Baldwin counties' coastal zones, requiring permits for construction near beaches, dunes, and tidal waters that local cities cannot waive.
(a) It is the intent and purpose of this section to avoid duplication whenever possible as to managing activities within the coastal area and yet assure compliance with the management program established by the board. (b) The department shall review the permitting activities of persons within the coastal area in order to insure consistency with the coastal area management program and where necessary to issue permits to persons to insure compliance and consistency with said program. No agency can issue a permit for any activity in the coastal area that the Department of Environmental Management finds to be inconsistent with the coastal area management program. (c) There may well be uses of certain lands included within the boundaries of the coastal area which will not have a "direct and significant" impact on coastal waters. Such uses may be subject to regulation by local units of government (cities or counties) within the framework of the management program adopted by the board.
Full Breakdown
The Alabama Coastal Area Management Act (Code §9-7-10 et seq.) places Mobile and Baldwin counties under ADEM's Coastal Programs Branch. Activities seaward of the Construction Control Line, in coastal wetlands, or within tidal waters require ADEM Coastal Zone Consistency review and often Coastal Construction Control permits. Standards address dune protection, sea turtle lighting, vegetation buffers, and elevation. State permits run concurrent with U.S. Army Corps of Engineers Section 404 review. Local jurisdictions like Gulf Shores or Orange Beach may impose stricter setbacks but cannot reduce ADEM coastal protections.
Violations & Penalties
Unpermitted coastal construction can be ordered removed at the owner's expense, with daily ADEM penalties accruing.
Frequently Asked Questions
Which counties fall under Alabama's coastal program?
What is the Construction Control Line?
Sources
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