Baldwin County, Alabama
File #: 25-0113    Version: 1
Agenda section: Consent Status: Agenda Ready
File created: 10/15/2024 Meeting type: Baldwin County Commission Regular
On agenda: 11/5/2024 Final action:
Agenda item title: Baldwin County Coastal Area Program - Request for Local Program Delegation from the Alabama Department of Environmental Management (ADEM)
Attachments: 1. Local Program Delegation Request Letter to ADEM, 2. Resolution 2015-011
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Meeting Type:   BCC Regular Meeting

Meeting Date:  11/5/2024

Item Status:   New

From: Eddie Harper, Building Official, Coastal Area Program Director

Submitted by:  Mindy Smith, Building Department Administrator

______________________________________________________________________

 

ITEM TITLE

Title

Baldwin County Coastal Area Program - Request for Local Program Delegation from the Alabama Department of Environmental Management (ADEM)

End

STAFF RECOMMENDATION

Recommendation

Approve and authorize the Chairman to sign a letter addressed to ADEM requesting the continuation of the local program delegation of the Baldwin County Coastal Area Program in accordance with ADEM Administrative Code 335-8-1-.12.

End

BACKGROUND INFORMATION

 

Background:  On March 1, 2014, the Fort Morgan Peninsula (encompassing the area from the 13-mile marker westward to the Fort Morgan State Historic Site) was transferred from the City of Gulf Shores’ building permit jurisdiction to that of the Baldwin County Commission.

 

On October 7, 2014, the Commission adopted Resolution No. 2015-011 for Beach and Dune Protection and Management. During that meeting, the Commission also authorized the Chairman to execute a Memorandum of Agreement with ADEM for the purpose of delegating the authority for the County to issue Coastal Area Program Non-Regulated Use Permits for construction, repair, and reconstruction activities on properties seaward of or intersected by the Coastal Construction Control Line (CCL) within the unincorporated area of the County.

 

The delegation of local program authority assists ADEM and the public by reducing duplicative efforts. Prior to the County’s local delegation approval, the process for ADEM to issue a coastal permit for construction on the Fort Morgan Peninsula typically took approximately 8-10 weeks. Since the County began issuing Coastal Area Program permits, the timeframe has been reduced to about 5 weeks, including a required 30-day public notice period.

 

To maintain the authority to issue Coastal Area Program permits, the County must request local program redelegation from ADEM every five years. On November 19, 2019, the Commission authorized the Chairman to execute the previous redelegation request.

 

Additionally, the County maintains an annual contractual agreement with ADEM, whereby ADEM compensates the County with an agreed-upon fee for the permitting and inspection services provided under the Coastal Area Program, with the County required to match this amount with in-kind services. On August 20, 2024, the Commission authorized the Chairman to execute the latest annual contractual agreement, amounting to $38,500.00. All fees generated from the issuance of Coastal Area Program non-regulated use permits shall belong to and be retained by the Commission.

 

Previous Commission action/date:  August 20, 2024; November 19, 2019; October 7, 2014

 

FINANCIAL IMPACT

 

Total cost of recommendation:  N/A

 

Budget line item(s) to be used:  N/A

 

If this is not a budgeted expenditure, does the recommendation create a need for funding?  N/A

 

LEGAL IMPACT

 

Is legal review necessary for this staff recommendation and related documents? 

N/A

 

Reviewed/approved by:  N/A

 

Additional comments:  N/A

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?  N/A

 

If the proof of publication affidavit is not attached, list the reason: N/A

 

FOLLOW UP IMPLEMENTATION

 

For time-sensitive follow up, select deadline date for follow up:  N/A

 

Individual(s) responsible for follow up:  Administration Staff

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  The Chairman is to sign the attached letter. The Administration Staff is to mail the original letter along with the attachment (Resolution No. 2015-011) to the following address:

 

Mr. A. Scott Hughes, Chief 

Field Operations Division 

Alabama Department of Environmental Management 

1400 Coliseum Boulevard 

Montgomery, AL 36110-2400 

 

Additionally, please ensure that a copy of the signed letter is emailed to

Eddie Harper (Eddie.Harper@BaldwinCountyAL.gov),

Janie Joiner (Janie.Joiner@BaldwinCountyAL.gov), and

Mindy Smith (Mindy.Smith@BaldwinCountyAL.gov).

 

Additional instructions/notes:  Admin-Append to Contract #7562