NMTA Permitting Marinas and Boatyards 2012 Regulatory Developments

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Presentation transcript:

NMTA Permitting Marinas and Boatyards 2012 Regulatory Developments Joseph A. Brogan November 15, 2012

2012 Regulatory Update Cost/Enforcement = Major Driver Compliance = Local, State, Federal Laws Local: Zoning & Shoreline Master Program State: HPAs, 401 Certs, CZMA, NPDES, DNR Federal: Army Corps Permits

Local Regulations: Latest Developments Shoreline Management Act 1971 All Marine Areas + 200’ Landward from OHWM Revised Shoreline Guidelines 2003 Local SMP Updates Underway

Local SMPs: Hot Issues “No Net Loss Requirement” On & Off-Site Mitigation/Ratios Cumulative Effects Buffers Public Access

State Regulations: Triggers/Hot Issues Storm & Process Water: NPDES Permits Monitoring/DMRs – Potential CWA Citizen Suits Ecology 401 Certifications for Federal Permits WDFW Hydraulic Project Approvals

Federal Permits: In-Water Work Corps 404 Permit (Discharge of Dredge or Fill Material) Corps New 2012 Nationwide Permits NWP 3 (Maintenance) NWP 10 (Mooring Buoys) NWP 27 (Bank Stabilization)

Corps Nationwide Permits NWP 19 (Minor Dredging) NWP 22 (Removal of Vessels) NWP 28 (Mod. of Existing Marinas) NWP 54 (Boat Ramps)

Federal Permits (cont’d) Corps “No Further Action”/Letters of Permission Compensatory Mitigation Rule Coordination Among Agencies Section 10 Permit Trigger ESA Consult/401 Cert = Time