The following uses of any activities in dunes are authorized if otherwise permitted by law:
   (A)   The construction and maintenance of noncommercial walkways which do not alter the contour of the coastal primary sand dune;
   (B)   The construction and maintenance of observation platforms which are not an integral part of any dwelling and which do not alter the contour of the coastal primary sand dune;
   (C)   The planting of beach grasses or other vegetation for the purpose of stabilizing coastal primary sand dunes;
   (D)   The placement of sand fences or other material on or adjacent to coastal primary sand dunes for the purpose of stabilizing such features, except that this provision shall not be interpreted to authorize the placement of any material which presents a public health or safety hazard;
   (E)   Sand replenishment activities of any private or public concern, provided no sand shall be removed from any coastal primary sand dune unless authorized by lawful permit;
   (F)   The normal maintenance of any groin, jetty, riprap, bulkhead, or other structure designed to control beach erosion which may abut a coastal primary sand dune;
   (G)   The normal maintenance or repair of existing roads, highways, railroad beds, and facilities of the United States, this state or any of its counties or cities, or of any person, provided no coastal primary sand dunes are altered;
   (H)   Outdoor recreational activities, provided the activities do not alter the natural contour of the coastal primary sand dune or destroy the vegetation growing thereon;
   (I)   The conservation and research activities of the Commission, State Institute of Marine Science, Department of Game and Inland Fisheries, and other conservation-related agencies;
   (J)   The construction and maintenance of aids to navigation which are authorized by governmental authority;
   (K)   Activities pursuant to any emergency declaration by the governing body of any local government or the Governor of the state or any public health officer for the purposes of protecting the public health and safety; and
   (L)   Governmental activity in coastal primary sand dunes owned or leased by the state or a political subdivision thereof.
(Ord. passed 9-11-2008)