Guam § 63108 - Interim Permit Control.

§ 63108. Interim Permit Control.

(a) General provisions.

(1) On or after June 1, 1974 any person wishing to perform any

development within the seashore reserve shall obtain a permit

authorizing such development from the Commission, and, if required

by law, from any other governmental department or agency. No permit

shall be issued without the affirmative votes of a majority of the Board

members.

(2) No permit shall be issued unless the Board has first found:

(A) That the development will not have any substantial

adverse environmental or ecological effect, and

(B) That the development is consistent with the purpose and

objectives of this Chapter.

The applicant shall have the burden of proof on all issues.

(3) All permits shall be subject to reasonable terms and conditions

in order to ensure that:

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(A) Access to beaches, recreation and historical areas, and

natural reserves is increased to the maximum extent possible by

appropriate dedication.

(B) There is no substantial interference with or detraction

from the line of sight toward the sea from the territorial highway

nearest the coast.

(C) Adequate and properly located public recreation areas

and wildlife preserves are reserved.

(D) Provisions are made for solid and liquid waste treatment,

disposition, and management which will minimize adverse effects

upon coastal reserve resources.

(E) Alterations to existing land forms and vegetation, and

construction of structures shall cause minimum danger of floods,

landslides, erosion or siltation.

(4) If prior to the effective date of this Chapter, a building permit

has been issued, no person who has obtained a vested right thereunder

shall be required to secure a permit under this section, provided that no

substantial changes may be made in any such development, except in

accordance with the provisions of his Chapter. Any such person shall

be deemed to have such vested rights if, prior to April 1, 1973 he has

in good faith and in reliance upon the building permit diligently

commenced construction and performed substantial work and

materials necessary thereof.

(5) Notwithstanding any provision in this section to the contrary,

no permit shall be required for the following types of development:

(A) Repairs and improvements not in excess of Seven

Thousand Five Hundred Dollars ($7,500) to existing single-

family residences; provided that the Agency shall specify by

regulation those classes of development which involve a risk of

adverse environmental effect and may require that a permit be

obtained.

(B) Maintenance dredging of existing navigation channels or

moving dredged material from such channels to a disposal area

outside the coastal reserve, pursuant to a permit from the United

States Army Corps of Engineers.

(b) Permit procedure.

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(1) The Board shall prescribe the procedures for permit

applications and may require a reasonable filing fee and the

reimbursement of expenses.

(2) The Board shall give written public hearing. Such

hearing shall be set no less than twenty-one (21) nor more than

ninety (90) days after the date on which the application is filed.

(3) The Board shall act upon an application for permit within

sixty (60) days after the conclusion of the hearing.

(4) Any person including an applicant for a permit,

aggrieved by the decision or action of the Board shall have a right

to judicial review of such decision or action by filing a petition

for a writ of mandamus, pursuant to '1084 et. seq. of Civil

Procedure Code of Guam within sixty (60) days after such

decision is made.

(5) Any person may maintain an action for declaratory and

equitable relief to restrain violations of this Chapter. No bond

shall be required for an action under this subsection.

(6) Any person may maintain an action for the recovery of

civil penalties provided in § 63109.

(7) The provision of this Section shall be in addition to any

other remedies available at law.

(8) Any person who prevails in a civil action brought to

enjoin a violation of this Chapter or to recover civil penalties shall

be awarded his costs, including reasonable attorney fees.