Some people prefer to believe there are some most powerful people who are doing them in. I'm not sure why. I'm more inclined towards the proposition that the U.S. has a very long history depriving some group or other of their rights surreptitiously, by screwing them legally.
Perhaps that's the legacy of the explorers having arrived with charters in their hands. The Europeans have long relied on documents. And so it continues.
I am about through reading the 261 pages I got from the Glynn County Attorney when I asked for the rewrite of Chapter VII of our ordinances, the zoning code. But, although I already have some 25 questions and comments to pull together, Section 762 deserves special consideration. It's not very long, but instructive. Although entitled Beach and Dune Protection Overlay Zone, 762 is not about protecting the beaches or dunes. That is, the law does not do what it says. Surprise, surprise!
762.1 Intent of District It is the intent of this section that development within the Beach and Dune Protection Overlay Zone be protected from tides and high water storm surges, winds and erosion; that development within the Beach and Dune Protection Overlay Zone occur without adversely affecting the existence or natural features of the beach and dune areas, and that development within the Beach and Dune Protection Overlay Zone occur without subjecting adjacent property or property further inland to additional potential danger from actions of wind and water.
762.2 Establishment of Subzone Areas. The Beach and Dune Protection Overlay Zone shall be as follows:
Area A - A shorefront area with an established active/stable dune sequence extending from the mean high water mark to the first landward occurrence of either:
1) Native trees twenty (20) feet in height, or an inhabitable building existing on April 25, 1979.
2) A line fifty (50) feet landward of any seawall structure existing on April 25, 1979, unless otherwise varied or determined by the Department of Natural Resources.
Area B - A shorefront area without an established active/stable dune sequence extending from the mean high water mark to the first landward occurrence of either:
1) Native trees twenty (20) feet in height or an inhabitable building existing on April 25, 1979.
2) A line fifty (50) feet landward of any seawall structure existing on April 25, 1979, unless otherwise varied or determined by the Department of Natural Resources.
762.3 Establishment of the Beach and Dune Development Setback Line. A development setback line shall be established as follows for the two (2) areas within the Beach and Dune Protection Overlay Zone. The purpose of the development setback line is to delineate those areas within each subdistrict where development is permissible.
Area A - The Development Setback Line shall be located forty (40) feet landward of the crest of the most seaward stable dune, as determined by the Glynn County Commission following consultation with the Islands Planning Commission.
Area B - The Development Setback Line shall be located twenty (20) feet landward of the mean high water mark, as determined by the Glynn County Commission following consultation with the Islands Planning Commission.
762.4 Permitted Uses
1) Landward of the Development Setback Line permitted uses shall consist of those uses allowed within the underlying zoning district.
2) Seaward of the Development Setback Line permitted uses shall consist of boating, swimming, sunbathing, picnicking and other recreational uses not inherently destructive of the existence or integrity of the beach and dunes.
762.5 Conditional Uses The following uses may be permitted seaward of the Development Setback Line on a conditional basis in accordance with Section 904 provided that the applicant demonstrates that the proposed use will have no significant adverse environmental effects, such as increasing the potential for beach erosion or interference with existing established dune sequence, and increasing the exposure of inland properties to wind, water or wave damage.
1) Seawalls, jetties, bulkheads, revetments, groins, breakwaters, streets, utility lines, swimming pools, decks, boardwalks or fences.
2) Excavation of sand and/or disturbance of vegetation in Area A.
3) No development, grading, filling or other land alteration shall occur seaward of the Development Setback Line other than those conditional uses listed and approved above.
762.6 Other Requirements All permanent structures placed within the Beach and Dune Protection Overlay Zone, but not including accessory structures incidental to the principal structure, shall have a minimum first floor elevation of one foot above the FEMA flood elevation. The construction shall be on pilings rather than fill and construction standards shall conform to Department of Housing and Urban Development design and construction guidelines for high risk areas.
This section is up for revision along with the rest of Chapter VII. Currently proposed revisions are limited to a renumbering of the sections and a lowering of the number of days a property can be out of compliance before the County may or may not take enforcement actions. HOWEVER, this is an opportunity to push for more realistic restrictions on development in and on our fragile dunes. Section 762 is perhaps the most egregious example of how the whole zoning code is oriented towards promoting development and commercial interests, rather than taking health, safety and environmental constraints into account. If we want to make a difference, this baby is a good place to start. "Beach and Dune Protection" my ass!!!!
The nice thing about the law is that it can be revised. All we have to overcome is the belief that laws are like Moses' tablets and carved in stone.
The law is what clever people use to make others do their dirty work for them. Remember Pontius Pilate?