CRMC 



sedimentation potential projected; 1) existing drainage alterations; m) availability of public 

 water and sewer, and n) location of lot with respect to coastal features, habitat resources, or 

 other vulnerable areas. The rating system should be set up in such a way that sites which 

 prove suitable for siting in other respects than that firom which a variance is sought would 

 be considered more favorably than those sites in which several site conditions are marginal 

 or unfavorable. 



***Establish conditions to be attached to variances and special exceptions 

 with regard to inspection schedules, requirements for maintenance of non- 

 point source pollution controls (and responsibility for necessary maintenance), 

 alteration and/or change of use restrictions to be applied, and conditions 

 under which the variance would be revoked. 



**Require that no variance will be granted for new development in a flood 

 hazard area or for enlargement of an existing development which increases 

 the flood or storm damage potential to other structures within the 

 floodplain. 



**Set up a variance advisory board to provide input to the Subcommittees. 



The board should include representatives from Conservation Districts, DEM (including 

 Fish and Wildlife), the Division of Planning, the Soil Conservation Service, local planning 

 staff or environmental officers, and outside professionals with expertise in public 

 health/environmental issues. 



"""Forward all requests for variances and special exceptions made to CRMC 

 (before action is taken) to the appropriate Town and WWMD authorities so 



that consistency with WWMD and Town policies can be assured if Town policies are more 

 stringent than the minimum state provisions. Forward all requests for variances and special 

 exceptions relating to water quality so that potential impacts can be evaluated as part of the 

 joint agency effort to improve response to cumulative impacts. 



♦Forward copies of CRMC actions on variance requests, and conditions attached, to the 

 appropriate Town zoning, planning and wastewater management authorities so that data can 

 be effectively incorporated into the town records, and so that permits can be attached as 

 deed encumbrances. 



***Qearly place the burden of proof on applicant to demonstrate that approval of a 

 variance will not result in a reduced level of protection of environmental quality or public 

 health than that afforded by strict application of regulatory standards. Further, require that 

 the applicant furnish proof that enforcement of the regulations would do manifest injustice. 



ENFORCEMENT 



DEM's Division of Enforcement was assigned the responsibility for enforcing the laws 

 and regulations of the Coastal Council, according to Section 46-3-7 of the Council's 

 enabling legislation. The Division's Conservation Officer?, who also enforce DEM's 

 shellfish regulations, are responsible for taking all CRMC enforcement actions which 

 involve arrests. Under an informal agreement, the Conservation Officers assist the CRMC 

 enforcement staffperson in other enforcement efforts as time and resources permit. The 

 legal jurisdiction of each agency with respect to enforcement needs clarification, particularly 

 where water quality impacts form the basis of enforcement actions. 



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