COMMITTEE ON PLANNING AND ENVIRONMENTAL

PROTECTION

BILL NO. 29-0028

Twenty-Ninth Legislature of the Virgin Islands

March 11, 2011

An Act amending title 17 V.I.C., chapter 21, to correct, clarify and revise certain
provisions of law regarding repair of structures in the Coastal Zone and for purposes
related thereto

PROPOSED BY: Senator Celestino A. White, Sr.

1 Be it enacted by the Legislature of the Virgin Islands:

2 SECTION 1. Title 12 V.I.C., chapter 21, section 902 is amended in the

3 following instances:

4 (1) By adding new sub-section (ff) to provide a definition of the term “repair”

5 as used in the statute to read as follows:

6 “ ff ‘repair’ means to restore to sound condition after decay, damage,

7 deterioration, injury or partial destruction, without substantial expansion of, any object,

8 facility or structure located in the coastal zone.”’; and

9 (2) By striking the language in subsection (1) in its entirety and inserting the

10 following language in its place:

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1 ‘Development’ means the placement, erection, or removal of any fill, solid

2 material or structure on land, in or under the water, the discharge or disposal of any

3 dredged material or of any liquid or solid waste, the grading, removal, dredging, mining

4 or extraction of any materials, including mineral resources, the subdivision of land

5 pursuant to Title 29, chapter 3 of this Code, the construction of a structure, the

6 reconstruction of a demolished structure, the removal, demolition or material alteration of

7 the size of any structure, or removal or harvesting of vegetation or coral. Development

8 shall not be defined or interpreted to include activities related to or undertaken in

9 conjunction with the cultivation, use or subdivision of land for agricultural purposes

10 which do not materially disturb the coastal waters or sea, or any improvement made in

11 the interior of any structure.”

12 SECTION 2. Title 12, V.I.C., chapter 21, section 910 (b)(1), is amended by

13 striking the existing language and inserting the following language in its place:

14 “Notwithstanding any provision in this chapter to the contrary, no coastal zone

15 permit shall be required pursuant to this chapter for activities related to the repair or

16 maintenance of an object or facility located in the coastal zone, where such activities

17 shall not result in the substantial addition to, or substantial enlargement or expansion of

18 such object or facility. The exemption from the requirement to obtain a coastal zone

19 permit to make a repair under this subsection shall apply to both structures erected

20 without a CZM permit before the adoption of this chapter, and to structures erected after

21 the adoption of this chapter with the CZM permit. The exemption under this subsection

22 shall be self-executing and shall not be deemed a waiver of any permit requirement.”

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1 BILL SUMMARY
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3 This bill seeks to correct, clarify and revise certain provisions of law regarding
4 repair of structures in the Coastal Zone. Section 1 adds a new definition for the term
5 “repair” and clarifies the term “development.”
6 Section 2 clarifies and revises 12 V. I. C., section 910(b)(1) which relates to
7 circumstances when a coastal zone permit is not required.
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11 BR 11-0041/ February 4, 2011/ revised and edited February 16, 2011/TMH
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