§ 42-5. Permit requirements.

A. 

Except as set forth in Subsection B of this section, no person shall construct, maintain, erect, enlarge, install, alter, improve, remove or demolish, or cause the same to be done, any structure over, on, into or adjacent to any waterway without first filing an application with, and obtaining a permit from, the Town Clerk. No permit shall be issued unless the applicant is the lawful owner of the upland immediately abutting the mean high water mark at the place where such structure is proposed to be constructed or maintained.

B. 

No structure permit shall be required for the removal or demolition of any structure in waters adjacent to an upland, residential use. However, prior written notice of the intent to remove or demolish such a structure shall be given to the Director of Harbor and Marine Enforcement at least 20 days prior to the start of such removal or demolition. Such notice shall include the proposed plan for demolition and for the removal and disposal of debris. The Director of Harbor and Marine Enforcement shall have 15 days to review the proposed plan. If the Director of Harbor and Marine Enforcement finds that the plan will result in any interference or hazard within the waterway or cause any environmental harm, the Director of Harbor and Marine Enforcement shall notify the applicant, and no work shall be commenced until the Director of Harbor and Marine Enforcement approves such plan. After the structure is removed or demolished the permit shall be surrendered to the Town Clerk.

C. 

A permit shall expire pursuant to § 42-14, unless, prior to its expiration, an application for renewal, together with the applicable fee, has been submitted to the Town Clerk.

D. 

Renewal permits shall be authorized and granted by the Town Clerk only after inspection by the Division of Harbor and Marine Enforcement or the Building Department in accordance with Town procedures. The Town shall furnish the applicant with a written list of any objections to the renewal of said permit. The applicant shall have a period of 30 days to remove and correct said objections after receiving written notice of the same.

E. 

No provision of this chapter shall relieve a person from complying with the provisions of any federal, state or other applicable law.