§ 156.064  BEACH BULLDOZING.
   (A)   Definitions. For the purpose of this section, the definitions from § 156.063 and the following additional definitions shall apply:
      BEACH BULLDOZING. The process of moving natural beach material from any point seaward of the static vegetation line or first line of stable natural vegetation to repair storm damage to an existing dune or to create a protective berm for an imminently threatened structure.
      BEACH FILL PROJECT AREA. The area of oceanfront dune and beach in which fill is added during a hurricane or erosion protection project sponsored by the town or any local, state or Federal government agency. The beach fill project area is intended to include all areas that receive fill, regardless of the amount.
   (B)   Beach bulldozing and beach fill. When beach bulldozing and/or beach fill is used to provide protection to a structure or to prevent its collapse, the seaward toe of the slope of the permitted beach bulldozing/fill area may be considered as the seaward toe of the frontal dune for the purposes of determining violations in accordance with this section. In no instance shall beach bulldozing or fill cause a building or structure to extend more than 20 feet beyond the adjacent first line of stable natural vegetation or static vegetation line directly north and south of the subject property.
   (C)   Beach bulldozing limitations in beach fill project areas. On the ocean beach within a beach fill project area, beach bulldozing, pushing sand by mechanical means, or other mechanical change to the topography is prohibited except in the following situations:
      (1)   When such work is performed as a part of a hurricane or erosion protection project or beach nourishment project sponsored by the town or any local, state or federal government agency;
      (2)   When such work is performed at the direction of, and with authorization by, the town for the purpose of beach maintenance;
      (3)   When such work is authorized by issuance of a general exemption of this section by the Town Council following a natural disaster.
      (4)   When such work is authorized by issuance of a general exemption of this section by the Town Council in instances of documented beach or dune erosion resulting in an imminently threatened structure (as defined by CAMA).
(Ord. 17-05, passed 7-5-2017; Am. Ord. 21-01, passed 6-2-2021)