2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 21 - Virgin Islands Coastal Zone Management
§ 911. Additional requirements for development or occupancy of trust lands or other submerged or filled lands
(a) Permit required prior to development or occupancy.
(1) No person shall develop or occupy the trust lands or other submerged or filled lands of the United States Virgin Islands without securing a coastal zone permit which includes, in addition to the elements of a section 910 permit, a permit or lease for the development or occupancy of the trust lands or other submerged or filled lands.
(2) The provisions of this section shall be in addition to all other requirements of this chapter and shall apply to all applications for, and issuance of, permits for development or occupancy of the trust lands or other submerged or filled lands, and for modifications or renewals of permits or leases for such development or occupancy issued prior to the effective date of this chapter.
(b) Applications and procedures.
(1) The Commission shall, in the manner required by law, adopt regulations governing the filing, content, review and processing of applications for coastal zone permits that include development or occupancy of trust lands or other submerged or filled lands; provided, however, that all applications for coastal zone permits that include development or occupancy of trust lands or other submerged or filled lands, shall include:
(A) an environmental assessment report, as defined in section 902, subsection (o) of this chapter, of the prevailing environmental conditions of the site and adjacent properties. The report must clearly indicate probable effects, including adverse effects, to the general environment should the proposed alteration be implemented;
(B) a complete and exact written description of the proposed site, including charts, maps, photographs, topographic charts, submerged land contours, and subsurface profiles in accordance with the scope and complexity of the work and the site;
(C) a complete and exact written description of the proposed occupancy or development for which the permit is sought, defining construction methods. This description must include the details of supervisory and control procedures and credentials of the personnel responsible for this function;
(D) a written statement of alternatives, if any, to the proposed alteration.
(2) The applicant for a coastal zone permit that includes development or occupancy of trust lands or other submerged or filled lands shall have the burden of proof in demonstrating that it meets the requisite criteria established by this section.
(3) The appropriate Committee of the Commission or the Commissioner may recommend such reasonable terms and conditions to be included in any coastal zone permit that includes an occupancy or development permit or lease issued pursuant to this section as it deems necessary to ensure that such occupancy and development will be in accordance with the provisions of this chapter.
(c) Additional findings necessary. The appropriate Committee of the Commission or the Commissioner shall deny an application under section 910 hereof for a coastal zone permit which includes development or occupancy of trust lands or other submerged or filled lands, unless it or he makes all of the following findings:
(1) that the application is consistent with the basic goals of section 903 and with the policies and standards of section 906 of this chapter;
(2) that the grant of such permit will clearly serve the public good, will be in the public interest and will not adversely affect the public health, safety and general welfare or cause significant adverse environmental effects;
(3) that the occupancy and/or development to be authorized by such a permit will enhance the existing environment or will result in minimum damage to the existing environment;
(4) that there is no reasonably feasible alternative to the contemplated use or activity which would reduce the adverse environmental impact upon the trust lands or other submerged or filled lands;
(5) that there will be compliance with the United States Virgin Islands territorial air and water quality standards;
(6) that the occupancy and/or development will be adequately supervised and controlled to prevent adverse environmental effects; and
(7) that in the case of the grant of an occupancy or development lease, an occupancy or development permit for the filled land is not sufficient or appropriate to meet the needs of the applicant for such lease. The burden of proving such insufficiency or inappropriateness shall be upon the applicant.
(d) Terms of occupancy and development permits and leases.
(1) A coastal zone permit that includes an occupancy or development permit shall be issued for a definite term, shall not constitute a property right and shall be renewable only if the requirements of this section for the approval and issuance of such permits are satisfied.
(2) A coastal zone permit that includes an occupancy or development lease shall only be granted for a particular parcel of filled land for a lease period of not more than 20 years; provided, that nothing in this subsection shall prohibit a lessee or permittee from executing a new lease at the end of the 20 year period. Any lease executed at the end of the lease period shall meet the requirements of this chapter and shall be approved by the Governor and ratified by the Legislature.
(e) Approval by Governor and ratification by Legislature of coastal zone permits that include development or occupancy of trust lands or other submerged or filled lands. Any coastal zone permit which the appropriate Committee of the Commission or the Commissioner recommends for approval pursuant to this section, together with the recommended terms and conditions thereof, shall be forwarded by the Committee or Commissioner to the Governor for the Governor's approval or disapproval within thirty days following the Committee's or Commissioner's final action on the application for the coastal zone permit or the Board's decision on appeal to grant such a permit. The Governor's approval of any such permit or lease must be ratified by the Legislature of the United States Virgin Islands. Upon approval and ratification of such permit, occupancy and any development proposed in connection therewith shall not commence until the permittee has complied with the requirements of the United States Army Corps of Engineers pursuant to Title 33 of the United States Code.
(f) Rental and reclamation fees.
(1) Coastal zone permits issued pursuant to this section shall provide for the payment by the permittee or lessee of a rental fee. The payment of rental fees may be waived when determined to be in the public interest.
(2) Coastal zone permits issued pursuant to this section which provide for or authorize the dredging and/or removal of sand, gravel, coral or aggregate shall provide for the payment of a reclamation fee.
(3) The Commission shall, in the manner required by law for the adoption of rules and regulations, and after public hearings, establish a schedule of reasonable fees for the administration of this section.
(4) Rental and reclamation fees paid pursuant to this section shall be paid to the Commissioner and covered into the Natural Resources Reclamation Fund, which fund is hereby continued by this paragraph, without hiatus, from existing law. The Commissioner of Finance is directed to maintain and provide for the administration of this fund as a separate and distinct fund in the Treasury, and to authorize disbursements therefrom, upon the certification of the Commissioner, to meet expenses incurred in the administration and enforcement of the provisions of this chapter and in the discharge of the Commission's duties thereunder. The Fund shall consist of permit and other fees and fines paid pursuant to the provisions of this chapter, and such other funds as may from time to time be appropriated thereto by the Legislature. However, if the balance in the Natural Resources Reclamation Fund equals $275,000, all monies which would otherwise be covered into such Fund shall be deposited in the General Fund.
(5) Repealed.
(g) Modification and revocation. In addition to any other powers of enforcement set forth in section 913 of this chapter, the Governor may modify or revoke any coastal zone permit that includes development or occupancy of trust lands or submerged or filled lands approved pursuant to this section upon a written determination that such action is in the public interest and that it is necessary to prevent significant environmental damage to coastal zone resources and to protect the public health, safety and general welfare. Such written determination shall be delivered both to the permittee and to the Legislature, together with a statement of the reasons therefor. It shall state the effective date of such modification or revocation, and shall provide a reasonable time in which the permittee or lessee either may correct the deficiencies stated in such written determination or may establish, to the Governor's satisfaction, that any or all of the deficiencies or reasons stated therein are incorrect. If the permittee shall fail to correct or establish the inaccuracy of such deficiencies or reasons within the time provided in such written determination, the modification or revocation of such occupancy permit shall be effective as of the date stated therein; provided, however, that the Legislature, shall ratify the Governor's action within thirty days after said effective date. The failure of the Legislature, either to ratify or rescind the Governor's action within said thirty-day period shall constitute a ratification of the Governor's action.
(h) Transporting of sand or other aggregate. Every transporter of sand, gravel, coral, aggregate, minerals or other natural products of the sea, excepting fish and wildlife, from the trust lands or other submerged or filled lands shall display a coastal zone permit and an occupancy permit or lease as proof of authorization for such transport. The contents of such permit or lease and the manner of its display shall be prescribed by the Commission by regulation. To enforce this requirement, the Commissioner or his duly authorized representative shall have the right to stop any motor vehicle transporting sand, gravel, coral, aggregate, minerals or other natural products of the sea, excepting fish and wildlife, on the public roads and highways of the United States Virgin Islands for the purpose of ascertaining whether the material being transported has been taken from the trust lands or other submerged or filled lands and whether a coastal zone permit or occupancy permit or lease has been issued authorizing its removal pursuant to this chapter.
