(a) Intent. The intent of these regulations is to promote and protect human life and health, minimize the loss of structures to coastal erosion, and reduce extraordinary governmental expenditure for erosion protection and relief.
(b) General Requirements. The regulations contained in this section are a nonstructural approach to reduction of damages from shore erosion. A nonstructural program utilizing setback provisions, based on recession rates, to protect permanent structures from damage is preferred. In accordance with this approach, new permanent structures, including septic systems and tile fields, must be constructed at a sufficient distance landward from the bluffline to insure that the structures are not prematurely undermined and destroyed by erosion. The required distance between the bluffline and the lakeward side of the permanent structure is the setback.
(c) Recession Rate Determination. The bluff recession rate was determined by the Ohio Geological Survey comparing low altitude aerial photographs of the shoreline from two different time periods and noting the rate of change in position of the bluffline. The average annual recession rate for the shoreline along Conneaut has been determined to be 1.5 feet per year.
(d) Setback Requirement. The bluffline setback is calculated from the average annual recession rate, expressed in feet per year (1.5), multiplied by 30 years. This process yields a minimum required setback distance of forty-five (45) feet from the bluffline for permanent structures. This setback requirement achieves two main objectives. First, it will alert the owner, or buyer, of shoreline property to the potential erosion hazard, and second, it provides protection for a period of time roughly corresponding to the mortgage life of a new structure.
(e) Variance Criteria. If a parcel does not have adequate depth to provide the minimum required setback from the bluffline a variance may be granted only if certain criteria are met:
(1) If a sanitary sewer is not used the septic system must be located on the landward side of the structure.
(2) The structure must be located as far landward of the bluffline as zoning restrictions will allow.
Also the following requirements must be met:
(1) The structure shall be designed and constructed to be moveable. Especially important, the foundation and other construction materials must be removed and disposed of as part of the moving operation. Also, access to and from the structure site must be of sufficient width and acceptable grade to allow for actual moving of the structure. A long term erosion control device shall be constructed and properly maintained. Such structure shall meet the approval of the Ohio Department of Natural Resources.