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.

Questions regarding this Guidance Note or the Coastal Works Permit application process more generally may be sent to: coastal.works@gov.ky

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 roderick.pierson@gov.ky  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 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/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.