HB236 By Representatives Sessions, Williams (JW), Wilcox and McMillan RFD Agriculture and Forestry Rd 1 16-FEB-16

SYNOPSIS: There is no specific statute that provides for depositing beach quality sand dredged from coastal inlets of this state.

This bill would provide the procedure for depositing beach quality sand dredged from navigation projects in the coastal inlets of this state.

A BILL TO BE ENTITLED AN ACT

Relating to dredging of navigation channels in coastal inlets of the state; to provide for the deposit of beach quality sand on adjacent beaches to prevent erosion; and to require the Department of Conservation and Natural Resources to administer the program.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The Legislature makes the following findings and statements:

(1) It recognizes the need to maintain navigation channels and associated engineering works in the state's coastal inlets to promote commercial and recreational uses of our coastal waters and their resources.

(2) It also recognizes that inlet navigation projects interrupt or otherwise alter the natural drift of beach quality sand resources, which often results in these sands accumulating in the inlet channels or being deposited at locations not conducive to provide for natural nourishment of adjacent beaches.

(3) It further recognizes that Alabama's beaches fronting the Gulf of Mexico serve as the state's first line of defense in protecting coastal communities and developments from flooding during hurricane storm surge events, and that actions are appropriate to prevent the erosion of beaches adjacent to inlet navigation projects and the unintended direct and indirect consequences that result when these beaches lose their resilience to adequately absorb damaging forces of major storms.

(4) It is in the public interest to replicate the natural drift of sand interrupted or altered by inlet navigation projects and for each level of government to undertake all reasonable efforts to maximize inlet sand bypassing to ensure that beach quality sand is placed on adjacent beaches to prevent those beaches from being eroded. Such activities cannot make up for the historical sand deficits caused by inlet navigation projects, but are designed to balance the sediment budget of the inlet and adjacent beaches and to extend the life of any nearby beach restoration projects so that periodic nourishment is needed less frequently.

(5) Due to the growing demand for beach quality sand for beach restoration and nourishment projects, the limited supply of such sand resources, and the cost of such projects, beach or nearshore sand placement is the lowest cost disposal method.

Section 2. The Department of Conservation and Natural Resources shall implement and administer this act and shall develop the necessary rules and permitting procedures to assure the intent of this act is carried out.

Section 3. The placement of beach quality sand dredged from inlet navigation projects shall be subject to the following requirements:

(1) All beach quality sand dredged during construction and maintenance of navigation channels shall be placed on the adjacent beaches or at a suitable nearshore location to assure the sand is incorporated into the natural littoral drift system to prevent beach erosion. If the dredged sand is placed elsewhere, an equivalent quality and quantity of substitute sand from an alternate location shall be placed on the adjacent downdrift beaches.

(2) On an average annual equivalent basis, the quantity of beach quality sand placed on eroding beaches adjacent to the inlets shall be equal to the natural net annual longshore sediment transport that would cross the inlet in the absence of a navigation project.

(3) The timing and sequence of any construction activities shall provide protection to nesting sea turtles and their hatchlings, nesting shorebirds, and to threatened and endangered species and their habitats. Beach quality sand placed on the beach as part of an inlet navigation project must be suitable for marine turtle nesting.

Section 4. Beach quality sand dredged from federal navigation projects in coastal inlets shall be disposed of on or in the nearshore area of adjacent eroding beaches. The department may consider permitting disposal of beach quality sand at other locations if emergency conditions exist.

Section 5. If federal investigations and reports do not specify the entity or entities responsible for the extent of erosion caused by an inlet navigation project, the department, with the assistance of qualified professional resources that it may employ or call upon, is encouraged to undertake assessments that aid in specifying the responsible entity or entities and in determining cost-sharing responsibilities for measures to correct such erosion. The entity that is responsible for maintenance dredging of an inlet navigation project may be deemed responsible for the beach erosion caused by the project if another responsible party is not specified in such an assessment.

Section 6. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Environment

Conservation and Natural Resources Department

Sand Erosion