Land below the mean high water (MHW) line is state-owned submerged land.
Notice to the ADCNR State Lands Division of any proposed activity on state-owned submerged lands.
Basic information about the waterfront owner (e.g., name, address, contact information).
Basic information about the proposed activity (e.g., project location, description, adjacent water body).
Additional required documentation:
1. Satisfactory Documentation of Upland Interest
2. Survey
3. USACE/ADEM Joint Application
4. Vicinity Map
5. Site Plan
6. Notarized State Lands Affidavit

Attachments to the Notice to Impact State-Owned Submerged Lands

Satisfactory Documentation of Sufficient Upland Interest

Demonstrates control and legal interest in the land adjacent to the project area.
May be a property deed or other legal documentation of land ownership.

Survey

Copy of land survey prepared by a licensed Alabama state surveyor.
Must depict a legal description of the property, property boundaries, location of mean high water (MHW), and location of structures existing on state submerged lands.

Notarized State Lands Affidavit

Shows that the applicant is aware of state regulations and setback requirements, and is the property owner.
Must be notarized.

USACE/ADEM Joint Application

Form requires:

General information about the permit applicant (e.g., name, address).
Basic project information (e.g., location, materials).
Optional: agent authorization if an agent is to fill out the paperwork for the property owner.
List of adjacent property owners.
List of certifications applied for from federal, state, and local authorities
Required attachments (vicinity map, site plan, and cross-section drawing
Applicant's signature

Form can be found at http://www.adem.alabama.gov/DeptForms/Form166.pdf.

Vicinity Map

Accurately shows the location of the proposed living shoreline.
Includes a written description of directions to the proposed location from major landmarks or highways.
Internet-sourced maps, such as Google Maps, are acceptable.
Can be made on the computer or drawn by hand.
Must be drawn to scale or have dimensions written on the drawing.
Must be in black and white.
Must be done on 8½-by-11-inch white paper.

Hand-drawn map showing the location of the proposed living shoreline, along with directions to the location.

Site Plan

Shows existing structures and proposed activities in detail.
Must include the mean high water (MHW) and mean low water (MLW) line.
Must include the name and width of the water body on which the proposed activity is located.
Must include, with dimensions, all wetlands or submerged grasses on the property.
Must include adjacent property owners.
Must include a north arrow.
Can be made on the computer or drawn by hand.
Must be drawn to scale or have dimensions written on the drawing.
Must be in black and white.
Must be done on 8½-by-11-inch white paper.

Hand-drawn map showing existing structures and proposed activities in detail.

Cross-Section Drawing

Shows the side view and elevation of proposed work.
Must include the mean high water (MHW) line, mean low water (MLW) line, and water depths.
Must include, with dimensions, all wetlands and submerged grasses on the property.
Can be made on the computer or drawn by hand.
Must be drawn to scale or have dimensions written on the drawing.
Must be in black and white.
Must be on 8½-by-11-inch paper.

Hand-drawn map showing the side view and elevation of proposed work.

Tips to Submitting a Successful Permit Application

Top 5 Mistakes that Lead to Permit Application Rejection

Application does not contain a full, narrative description of the proposed project.
Drawings do not display the mean high tide (MHT).
Drawings are not on 8½-by-11-inch paper, in grayscale (black and white).
Application does not list longitude/latitude and section/township/range of the project site.
Drawings are not drawn to scale or they do not show accurate dimensions of proposed work.

Helpful Hints to Obtaining a Living Shoreline Permit

START EARLY

Be prepared to submit your permit application at least 90 days before construction is planned to begin.

BE PREPARED

Schedule a pre-application meeting with DMR to clear up any questions and to address possible complications.

BE PATIENT

The permit application may have to be approved by several agencies, so the approval process takes time.

Additional Living Shorelines Resources

For additional information on living shoreline permitting:

To learn more about the benefits of living shorelines:

Mississippi-Alabama Sea Grant (masgc.org/living-shorelines)
Livingshorelinesacademy.org
Wetland.org

For any additional questions, contact:

Mississippi State University Coastal Research & Extension Center

1815 Popps Ferry Road • Biloxi, MS

(228) 388-4710

www.coastal.msstate.edu

Example Living Shorelines Permit Application

What remains of this guide is an example permit application that resulted in a permit being issued. The permit application contains the following documents:

State Lands Application
Documentation of Upland Interest
Property Survey
State Lands Affidavit
USACE/ADEM Joint Application
Vicinity Map
Site Plan
Cross-Section Drawing

Notice to Impact State-Owned Submerged Lands

A sample Notice of Intent to Impact State Owned Submerged Lands form.

Documentation of Upland Interest

Alabama quit claim deed.

State Lands Affidavit

Sample of Alabama state lands division consent.

USACE/ADEM Joint Application page 1

Page 1 of sample of joint application and notification from the Alabama Department of Environmental Management.

USACE/ADEM Joint Application page 2

Page 2 of sample of joint application and notification from the Alabama Department of Environmental Management.

Vicinity Map

Sample of a vicinity map with directions to the location.

Site Plan

Sample of a site plan with handwritten notations.

Cross-Section Drawing

Sample of a cross-section drawing.

Publication 3120 (POD-4-21)

MASGC-17-068

By Sara Martin, Extension Program Associate, Eric Sparks, Assistant Extension Professor, Nigel Temple, PhD student, and Daniel Firth, master’s student, MSU Coastal Research and Extension Center.

Copyright 2021 by Mississippi State University. All rights reserved. This publication may be copied and distributed without alteration for nonprofit educational purposes provided that credit is given to the Mississippi State University Extension Service.

Produced by Agricultural Communications.

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Extension Service of Mississippi State University, cooperating with U.S. Department of Agriculture. Published in furtherance of Acts of Congress, May 8 and June 30, 1914. GARY B. JACKSON, Director

Department: CREC-Coastal Marine Ext Program

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