View Amendment Current Amendment: 1 to Bill 3586 The Agriculture, Natural Resources and Environmental Affairs Committee proposes the following Amendment No. 1 to H. 3586 (COUNCIL\NBD\11410AC11):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION      1.      Section 48-39-290(A)(3) of the 1976 Code is amended to read:

     "(3)      fishing piers and associated amenities structures which are open to the public. Those fishing piers with their associated structures including, but not limited to, baitshops, restrooms, restaurants, and arcades which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date also may be rebuilt and used for the same purposes if they are constructed to the same dimensions;"

SECTION      2.      Section 48-39-290(A)(8)(e)(ii) of the 1976 Code is amended to read:

     "(ii)      restoration of the adversely affected beach and adjacent real estate through renourishment pursuant to subsection (c).
     An adjacent or downdrift property owner that claims a groin has caused or is causing an adverse impact shall notify the department of such impact. The department shall render an initial determination within sixty (60) days of such notification. Final agency action shall be rendered within twelve months of notification. An aggrieved party may appeal the decision pursuant to the Administrative Procedures Act.
     A permit must be obtained from the department for items (2) through (8). However, no permit is required under this chapter for associated amenity structures constructed on fishing piers if local governmental bodies having responsibility for the planning and zoning authorize construction of those amenity structures. Associated amenity structures do not include those employed as overnight accommodations or those consisting of more than two stories above the pier decking."

SECTION      3.      This act takes effect upon approval by the Governor.            /

Renumber sections to conform.
Amend title to conform.