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(a) The Legislature finds that the indiscriminate building of structures on the beaches of the Territory of Guam creates a menace to the well-being of the people of the territory by increasing the pollution of tidal waters, that such construction, in addition, deprives the people of Guam of their right to the untrammeled use of beach areas beyond the high water mark, and finally, that such construction destroys the natural beauty of Guam’s beaches, one of the territory’s greatest natural resources. Accordingly, it is the purpose of the restrictions hereinafter contained to protect the beaches of Guam for future generations, to alleviate the health problems caused by construction near tidal areas, and to make certain that the people of Guam remain free to use the beaches of the territory to the maximum extent not incompatible with private ownership of the lands adjoining said beaches.
(b) Along any beach in the territory of Guam, no building may be constructed within thirty-five feet (35′) of the mean high watermark bounding said beach, nor may any building higher than twenty feet (20′) be constructed within seventy-five feet (75′) of the said mean high water mark. For the purpose of this section, the term, beach does not include those areas where the shoreline is a cliff or bluff higher than twenty-five feet (25′), nor shall it include those areas where the shoreline is bounded by village lots contain- ing no more than a thousand (1000) square meters in those villages wherein residences have been constructed along the shoreline since prior to the Second World War, and term building included any structure except a retaining wall that cannot be seen.
