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MSCR Issues Guidance on Beach Debris Removal

Following a cross-governmental meeting held on Monday 14 October, the Ministry of Sustainability & Climate Resiliency (MSCR) has issued a Guidance Note to guide property owners on the process to remove debris material, including large trees, from Crown Seabed and the shoreline.

While a Coastal Works Permit is not required for the removal or clearance of debris or large fallen trees, affected property owners are advised to complete the digital Coastal Works (Debris Removal) Notice form, which will notify the relevant Government agencies of proposed efforts to remove debris from the marine environment. Upon completion of the form, the Departments of Planning, Lands and Survey, Environment, and the Recreation, Parks and Cemeteries Unit will automatically be made aware of the property owners’ intentions. If necessary, each agency can then respond to the property owner(s) with any comments.

The Guidance Note states that proposed debris removal process should meet the stated criteria. If the debris removal process does not meet the criteria outlined below, involves construction of any structures, beach modification, or excavation, a full Coastal Works Permit Application may be required. The criteria for debris removal from the Crown seabed or the shoreline without a coastal works permit are as follows:

·       Work must be conducted from shore; no heavy equipment shall enter the marine environment.

·       Equipment used to remove the debris from the seabed/marine environment shall be such that avoids excavating sand (e.g. use pinchers/grabbers, or rock buckets) to ensure that no excess sand or natural rubble are removed from the beach.

·       In instances where fine rubble/debris is to be removed, this will be done by hand collection.

·       No causeway or fill material shall be placed on the beach (including for access).

·       If a barge is to be used, it shall only operate in water with a depth of three feet or greater.

·       Only man-made materials and debris shall be removed from the seabed with the exception of large trees that have fallen into the sea and/or are obstructing access along the foreshore.

·       The removal works shall not include construction of any structures, beach modification, or excavation of any kind.

·       Materials shall be stockpiled a minimum of 50 feet from the current high-water line.

·       Removed debris shall be stockpiled on the parcel for inspection purposes to ensure that no excavation of sand has occurred.

Hon. Katherine Ebanks-Wilks, Minister for Sustainability & Climate Resiliency, said: “Since the passing of the most recent storms, our shorelines have been left in a state that poses a major safety risk to all who traverse the beach and ocean. Issuing this urgently needed guidance on the safe removal of debris is only the first step to addressing our compromised beaches. Tackling the beach erosion will require a cross-ministerial approach, and involvement by the private sector to develop short, medium and long-term solutions to the issues relating to beach erosion. This Guidance Note provides directions to affected property owners and ensures that the removal of debris can be done in a safe and efficient manner.”

The Ministry would like to remind the public that any unauthorised coastal works, including unpermitted construction of docks and/or excavation or dredging may attract fines or penalties in accordance with Section 21 of the National Conservation Act.

Property owners are advised that they, and not the Government, will be liable for any and all liability arising from any activity by them, their agents, contractors or others working on their behalf in undertaking the clearing/removal of debris or related activity.

The onus is on the property owner to ensure that all agents, contractors or others working on their behalf are authorised to do so, and have all necessary, valid business licences and/or permits (including from the Department of Planning as necessary).

Further, if a project requires the use or access of other private property not owned by the Property Owner, the onus is on the Property Owner to liaise with the relevant property owner(s) to secure the appropriate consent to use or access that private property.

If you require further information on the Guidance Note, please email [email protected].

GUIDANCE NOTE ON THE REMOVAL OF DEBRIS MATERIAL FROM CROWN SEABED

This Guidance Note is issued by the Minister for Sustainability & Climate Resiliency Hon.
Katherine Ebanks-Wilks, MP, on 17 October 2024 in reference to a decision taken by the Cabinet
at a meeting held on 14 October 2024.


INTRODUCTION
Due to considerable erosion and other storm-related impacts which have affected the southern
end of Seven Mile Beach in October 2024, various coastal properties are experiencing debris,
including man-made building materials and fallen trees, in the marine environment in front of their
properties. The Ministry of Sustainability & Climate Resiliency (the “Ministry”) recognises that
these materials may pose risks to human health and safety, as well as to the marine environment.

Following a Cabinet meeting held on 14 October 2024, it was decided that Coastal Works Permit
applications are not required to remove or clear-away certain debris from the marine
environment, including man-made building materials or large trees that that have fallen into the
sea and/or are obstructing access along the foreshore.

However, such an exception does not include coastal projects that involve construction of any
structures, beach modification, or excavation of any kind; these projects are subject to the normal
Coastal Works Permit Application process.

PROJECT CRITERIA
Property owners wishing to remove man-made debris or large trees that that have fallen into the
sea and/or are obstructing access along the foreshore are advised to notify the relevant Cayman
Islands Government agencies of proposed efforts to remove debris from the marine environment
by completing the digital Coastal Works (Debris Removal) Notice form.

Upon completion of the form, the Departments of Planning, Lands and Survey, Environment, and
the Recreation, Parks and Cemeteries Unit will automatically be made aware of the property
owners’ intentions. If necessary, each agency can then respond to the property owner(s) with
any comments.

If the proposed project does not meet the criteria outlined below, a full Coastal Works Permit
Application may be required. The criteria for man-made debris removal from the Crown seabed
or the shoreline without a coastal works permit are as follows:

  • Work must be conducted from shore; no heavy equipment shall enter the marine
    environment.
  • Equipment used to remove the debris from the seabed/marine environment shall be such
    that avoids excavating sand (e.g. use pinchers/grabbers, or rock buckets); any sand and
    natural rubble shall be returned to the beach.
  • In instances where fine rubble/debris is to be removed, this will be done by hand
    collection.
  • No causeway or fill material shall be placed on the beach (including for access).
  • If a barge is to be used, it shall operate in water with a depth of 3 feet or greater only.
  • Only man-made materials and debris shall be removed from the seabed with the
    exception of large trees that have fallen into the sea and/or are obstructing access along
    the foreshore.
  • The removal works shall not include construction of any structures, beach modification,
    or excavation of any kind.
  • Materials shall be stockpiled a minimum of 50 feet from the current high water line.
  • Removed debris shall be stockpiled on the parcel for inspection purposes to ensure that
    no excavation of sand has occurred.

PUBLIC WORKS DEPARTMENT ASSISTANCE
Property owners seeking support from the Public Works Department for the necessary heavy
equipment are advised to contact the Manager for the Recreation, Parks and Cemeteries Unit,
Mr. Roderick Pierson by email to [email protected] or phone 345-926-2136.

Property owners are advised that they, and not the Government, will be liable for any and all
liability arising from any activity by them, their agents, contractors or others working on their

The onus is on the Property Owner to ensure that all agents, contractors or others working on
their behalf are authorised to do so, and have all necessary, valid business licences and/or
permits (including from the Department of Planning as necessary).

Further, if a project requires the use/access of other private property not owned by the Property
Owner, the onus is on the Property Owner to liaise with the relevant property owner(s) to secure
the relevant consent to use/access that private property.

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