R 322.1011 Permit issuance; conditions and requirements.

Rule 11. (1) The department may require such permit conditions as it deems reasonable and necessary to protect the public trust and private riparian interests, including any of the following conditions: (a) The existence of a surety bond or other acceptable guarantee before issuing a permit for projects with the potential for significant environmental impact and the ability of the applicant to complete the project satisfactorily during the period of the permit. (b) That dredged materials be deposited in a manner which will cause the least damage to the public trust, benefit public interests, or mitigate damage done through navigation projects. (c) That filling, dredging, and placing spoil and other materials on bottomlands shall be conducted in a manner which will cause the least damage to the public trust and least disruption to the littoral drift and longshore processes, enhance the public trust or interests, or mitigate damages. (d) Monitoring to assure that injury to the natural resources or to the riparian interests of adjacent property owners does not occur, including specifically monitoring the littoral drift in the project areas. (e) That the project be in compliance with local zoning ordinances. If the facility is not in compliance and the local unit of government having proper jurisdiction notifies the department at the time of public notice objecting to the issuance of a permit, the department shall withhold permit issuance for 30 days from the date of expiration of public notice. If the local unit of government does not file an action to restrain operation of the facility in a public forum within the specified 30-day time frame, the department may issue a permit if all other criteria are met. (f) That the work specified in the permit shall be completed within a specified term, normally not more than 1 year from the date of issuance, or as otherwise determined by the department. An extension of time may be granted by the department for just cause. (2) Maintenance dredging permits may be granted for a period of 5 years if the area to be dredged and the disposal area remain the same. (3) The department shall, upon request, provide advice to the applicant for the consideration and protection of the public trust and private riparian interests. (4) A permit does not obviate the necessity of receiving approval from the United States army corps of engineers and, where applicable, other federal, state, or local units of government.