Plain Text Law

Regulation .05 Categorical Exemptions.

Regulation .05 Categorical Exemptions.Copy Citation

A.
The following categories of projects may be exempt from the strict application of the Coast Smart siting and design criteria:
(1)
Water-dependent projects;
(2)
Passive public access projects;
(3)
Historic structures;
(4)
Temporary structures; and
(5)
Emergency projects.
B.
A qualifying agency may determine that a project qualifies for a categorical exemption, provided that the qualifying agency demonstrates that the project has been designed to include adaptation and resiliency features to prevent or mitigate damage to the maximum extent practicable.
C.
For all projects eligible for a categorical exemption, the qualifying agency must complete the Coast Smart Project Screening Form within the Coast Smart Construction Program Document and indicate the project category for which the exemption applies.
D.
The qualifying agency may request input from the Coast Smart Council regarding the project’s eligibility for and the qualifying agency’s determination of an exemption.
E.
The qualifying agency shall make the final determination as to whether a project qualifies for an exemption.
F.
The qualifying agency shall provide the completed Coast Smart Project Screening Form to the Coast Smart Council upon request.