In an effort to streamline regulatory activities along the shoreline, the Department of Natural Resources has been providing technical assistance to shoreline communities to establish a means to construct or replace shoreline protection structures in a consistent and coordinated manner. Two local communities commenced preparation of ordinances which would regulate the construction of erosion protection structures in concert with state criteria for this activity.

The Town of Ogden Dunes in Porter County has develop a community plan, in concert with the Department of Natural Resources, for the management of shore protection facilities along the Lake Michigan. A permit (LM-103) has been issued by the DNR to the Town of Ogden Dunes to place a sheet steel seawall with stone toe protection or a rock revetment erosion protection structure. The Town has developed an ordinance which accommodates the terms of the permit and implements local zoning landward of the seawall. The net result is that conforming seawall placement and related activities by local residents will be managed by the Town without additional permitting by the DNR.⁵⁷

The Town of Dune Acres is also actively pursuing a cooperative venture with the Department of Natural Resources and the U.S. Army Corps of Engineers regarding shoreline protection. The Dune Acres effort is expected to reference the technical standards developed by Ogden Dunes for Permit LM-103. A general permit might be developed for Dunes Acres involving the DNR and Army Corps, or a permit structure might be implemented similar to what was used by Ogden Dunes.

Another method of protection from coastal erosion used by states such as Michigan do not necessarily involve the construction of shoreline structures. Setback requirements are implemented to designate how close to the coastline a building can be constructed. Setback distances are determined by multiplying the average background erosion rate for a given length of shoreline, times the number of years corresponding to the expected life of the structure to be protected. The length of time is usually 30 years for a single family residential structure (corresponding to the usual length of time for a mortgage), or 60 years for a multifamily dwelling or a larger structure. Indiana law does not include setback requirements.⁵⁸

The construction of modular structures is another methodology employed to reduce damages from changing lake levels. The State of Michigan allows construction by variance in areas not wide enough to accommodate setback requirements, if the structure can be removed during hazardous conditions or in the event that shoreline erosion is "hazardous," under R281.21, et seq. of the Michigan Administrative Code. For example, the placement of a "readily moveable structure" may be permitted. A "readily moveable structure" is a small permanent structure which is designed, sited, and constructed to accomplish relocation at a reasonable cost relative to other structures of the same size and construction. Reasonable access to the structure must be available, and construction criteria are prescribed by rule.⁵⁹

Amendments have recently been made to Ohio's Coastal Management Law to identify high erosion areas and to establish a permit system for construction of permanent structures in the erosion hazard area. The effort is implemented in part through the development of rules, with administration primarily at the local level through the adoption of ordinances.⁶⁰

Some shoreline restoration projects are eligible for funding available to approved coastal states through the Coastal Zone Management Act. An element of state coastal programs is a method for "assessing the effects of shoreline erosion and evaluating techniques for mitigating, controlling or restoring areas adversely affected by erosion."⁶¹

---