1. (a) A breakwater may be maintained or repaired without obtaining a permit only if all of the following conditions are met:

   1. (1) The breakwater was originally constructed prior to permit jurisdiction or was installed pursuant to a permit and in compliance with all permit terms and conditions;
   2. (2) The work consists only of placing materials that have been dislodged from the breakwater back into their original location; and
   3. (3) All work is done without the use of machinery.

2. (b) Breakwater maintenance and repair shall be a minimum impact project only if both of the following conditions are met:

   1. (1) The breakwater was originally constructed prior to permit jurisdiction or was installed pursuant to a permit and in compliance with all permit terms and conditions; and
   2. (2) The work consists of replacement of original materials that have been dislodged from the breakwater into their original location using machinery that will be operated from a barge or from a land area outside of any jurisdictional areas.

Source. #12805, eff 12-15-19; ss by #13776, eff 10-13-23