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B60K WAGE 6 <br />"(3) No construction permit shall be issued or approved until <br />the board of county commissioners or other authorized body <br />shall have obtained, at the expense of the applicant, a <br />biological survey, an ecological study, and, where deemed <br />necessary by the department of natural resources, a hydro- <br />graphic survey of the area within which such construction <br />and dredging is proposed, each by or under the supervision <br />of the department of natural resources and shall have in hand <br />the report and findings thereof. The report shall be read <br />into the record and duly considered at the same meeting at <br />which the board of county commissioners or other authorized <br />body takes.final action on the application for permit. Such <br />surveys and studies may not be required if the proposed con- <br />struction or dredging is wholly shoreward of a previously <br />established bulkhead line which was fixed after consideration <br />by the bulkhead authority of a biological survey and ecological <br />study previously made by the department of natural resources or <br />under its supervision in connection with the fixing of such <br />line or if the proposed construction or dredging is wholly <br />within lands or islands heretofore purchased from the board <br />of trustees of the internal improvement trust fund under <br />§253.12 and in the consummation of such sale the board had <br />before it a biological survey made by or under the supervision <br />of the department of natural resources. <br />"(8) Any riparian upland owner of land bordering on or in <br />the navigable waters of the state who desires to repair, <br />rebuild, replace, or reconstruct coastal structures in the <br />na.-ure of seawalls, revetments, retaining walls, bulkheads, <br />or other similar protective structures installed upon his <br />riparian upland,'or who desires to restore such uplands <br />after damage by avulsion or by artifically induced erosion, <br />shall, before undertaking such project, obtain a permit for <br />such work from the board of county commissioners or other <br />authorized body or froin the governing -body of a municipality <br />if the work proposed shall be within the territory of such <br />municipality. Such a permit shall be subject to the approval <br />of the board of trustees and shall not be valid without such <br />approval. The riparian owner making application for such a <br />permit may not be required to comply with §253.122. A <br />biological survey and ecological study may not be required <br />if the proposed work lies at no greater distance than twenty- <br />-five feet into the waters where such work is proposed from <br />the existing and established line of mean high water or <br />existing coastal structure. A permit issued under the pro- <br />vi3ions of this subsection shall not be construed to allow <br />CO'istructs:on of coastal structures or restoration of lands that <br />may be subject to the provisions of chapter 161.11 <br />Action cannot be taken concerning fill permits by the Board of <br />Trustees until such time as evidence is received showing the <br />City or county commission granted a permit pursuant to this <br />statute. <br />MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY <br />COMMISSIONER SCURLOCK, TO ADOPT RESOLUTION 81-55 GIVING APPROVAL TO THE <br />CONSTRUCTION OF THE BULKHEAD AS APPLIED FOR BY R. S. REEVES$ <br />