reglab/housing_qa huggingface dataset:
NC Gen Stat § 113A-108 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-108 - Effect of State guidelines.

 113A-108. Effect of State guidelines.All local land-use plans adopted pursuant to this Article within the coastal area shall be consistent with the State guidelines. No permit shall be issued under Part 4 of this Article which is inconsistent with the State guidelines. Any State land policies governing the acquisition, use and disposition of land by State departments and agencies shall take account of and be consistent with the State guidelines adopted under this Article, insofar as lands within the coastal area are concerned. Any State land classification system which shall be promulgated shall take account of and be consistent with the State guidelines adopted under this Article, insofar as it applies to lands within the coastal area. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. 2.1.)
NC Gen Stat § 113A-111 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-111 - Effect of land-use plan.

 113A-111. Effect of land-use plan.No permit shall be issued under Part 4 of this Article for development which is inconsistent with the approved land-use plan for the county in which it is proposed. No local ordinance or other local regulation shall be adopted which, within an area of environmental concern, is inconsistent with the land-use plan of the county or city in which it is effective; any existing local ordinances and regulations within areas of environmental concern shall be reviewed in light of the applicable local land-use plan and modified as may be necessary to make them consistent therewith. All local ordinances and other local regulations affecting a county within the coastal area, but not affecting an area of environmental concern, shall be reviewed by the Commission for consistency with the applicable county and city land-use plans and, if the Commission finds any such ordinance or regulation to be inconsistent with the applicable land-use plan, it shall transmit recommendations for modification to the adopting local government. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. 2.1.)
NC Gen Stat § 113A-112 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-112 - Planning grants.

 113A-112. Planning grants.The Secretary is authorized to make grants to local governmental units for the purpose of assisting in the development of local plans and management programs under this Article. The Secretary shall develop and administer generally applicable criteria under which local governments may qualify for such assistance. The Secretary may condition payment of a grant on the completion of the local plan or management program and may pay the grant in installments based on satisfactory completion of specific elements of the plan or program and on approval of the plan or program by the Commission. Of the funds appropriated to the Department to make grants under this section, the Department may carry forward to the next fiscal year funds in the amount necessary to pay grants awarded or extended in any fiscal year. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c. 771, s. 4; 1981, c. 932, s. 2.1; 1989, c. 727, s. 218(66); 1997-443, s. 11A.119(a); 2001-494, s. 6.)
NC Gen Stat § 113A-115 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-115 - Designation of areas of environmental concern.

 113A-115. Designation of areas of environmental concern.(a) Prior to adopting any rule permanently designating any area of environmental concern the Secretary and the Commission shall hold a public hearing in each county in which lands to be affected are located, at which public and private parties shall have the opportunity to present comments and views. Hearings required by this section are in addition to the hearing required by Article 2A of Chapter 150B of the General Statutes. The following provisions shall apply for all such hearings:(1) Notice of any such hearing shall be given not less than 30 days before the date of such hearing and shall state the date, time and place of the hearing, the subject of the hearing, and the action to be taken. The notice shall specify that a copy of the description of the area or areas of environmental concern proposed by the Secretary is available for public inspection at the county courthouse of each county affected.(2) Any such notice shall be published at least once in one newspaper of general circulation in the county or counties affected at least 30 days before the date on which the public hearing is scheduled to begin.(3) Any person who desires to be heard at such public hearing shall give notice thereof in writing to the Secretary on or before the first date set for the hearing. The Secretary is authorized to set reasonable time limits for the oral presentation of views by any one person at any such hearing. The Secretary shall permit anyone who so desires to file a written argument or other statement with him in relation to any proposed plan any time within 30 days following the conclusion of any public hearing or within such additional time as he may allow by notice given as prescribed in this section.(4) Upon completion of the hearing and consideration of submitted evidence and arguments with respect to any proposed action pursuant to this section, the Commission shall adopt its final action with respect thereto and shall file a duly certified copy thereof with the Attorney General and with the board of commissioners of each county affected thereby.(b) In addition to the notice required by G.S. 113A-115(a)(2) notice shall be given to any interested State agency and to any citizen or group that has filed a request to be notified of a public hearing to be held under this section.(c) The Commission shall review the designated areas of environmental concern at least biennially. New areas may be designated and designated areas may be deleted, in accordance with the same procedures as apply to the original designations of areas under this section. Areas shall not be deleted unless it is found that the conditions upon which the original designation was based shall have been found to be substantially altered. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1975, 2nd Sess., c. 983, s. 78; 1981, c. 932, s. 2.1; 1987, c. 827, s. 135; 2000-189, s. 11.)
NC Gen Stat § 113A-116 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-116 - Local government letter of intent.

 113A-116. Local government letter of intent.Within two years after July 1, 1974, each county and city within the coastal area shall submit to the Commission a written statement of its intent to act, or not to act, as a permit-letting agency under G.S. 113A-121. If any city or county states its intent not to act as a permit-letting agency or fails to submit a statement of intent within the required period, the Secretary shall issue permits therein under G.S. 113A-121; provided that a county may submit a letter of intent to issue permits in any city within said county that disclaims its intent to issue permits or fails to submit a letter of intent. Provided, however, should any city or county fail to become a permit-letting agency for any reason, but shall later express its desire to do so, it shall be permitted by the Coastal Resources Commission to qualify as such an agency by following the procedure herein set forth for qualification in the first instance. (1973, c. 1284, s. 1; 1975, c. 452, s. 2; 1977, c. 771, s. 4; 1989, c. 727, s. 129.)
NC Gen Stat § 113A-118.1 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-118.1 - General permits.

 113A-118.1. General permits.(a) The Commission may, by rule, designate certain classes of major and minor development for which a general or blanket permit may be issued. In developing these rules, the Commission shall consider:(1) The size of the development;(2) The impact of the development on areas of environmental concern;(3) How often the class of development is carried out;(4) The need for onsite oversight of the development; and(5) The need for public review and comment on individual development projects.(b) General permits may be issued by the Commission. Individual developments carried out under the provisions of general permits shall not be subject to the mandatory notice provisions of G.S. 113A-119.(c) The Commission may impose reasonable notice provisions and other appropriate conditions and safeguards on any general permit it issues.(d) The variance, appeals, and enforcement provisions of this Article shall apply to any individual development projects undertaken under a general permit.(e) The Commission shall allow the use of riprap in the construction of groins in estuarine and public trust waters on the same basis as the Commission allows the use of wood. (1983, c. 171; c. 442, s. 1; 1987, c. 827, s. 137; 2002-126, s. 29.2(f).)
NC Gen Stat § 113A-118.2 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-118.2 - Development in Primary Nursery Areas and Outstanding Resource Waters areas of environmental concern.

 113A-118.2. Development in Primary Nursery Areas and Outstanding Resource Waters areas of environmental concern.Public notice, opportunity for public comment, and agency review shall be required for all development within the Primary Nursery Areas or Outstanding Resource Waters areas of environmental concern. Provided, however, that the Coastal Resources Commission may by rule exempt or issue general permits for minor maintenance and improvement projects as defined in G.S. 113A-103(5)c. and for single-family residential development pursuant to use standards or conditions adopted by the Coastal Resources Commission. (1989, c. 217, s. 2.)
NC Gen Stat § 113A-119 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-119 - Permit applications generally.

 113A-119. Permit applications generally.(a) Any person required to obtain a permit under this Part shall file with the Secretary and (in the case of a permit sought from a city or county) with the designated local official an application for a permit in accordance with the form and content designated by the Secretary and approved by the Commission. The applicant must submit with the application an electronic payment, check, or money order payable to the Department or the city or county, as the case may be, constituting a fee set by the Commission pursuant to G.S. 113A-119.1.(b) Upon receipt of any application, a significant modification to an application for a major permit, or an application to modify substantially a previously issued major permit, the Secretary shall issue public notice of the proposed development (i) with the exception of minor permit applications, by posting or causing to be posted a notice at the location of the proposed development stating that an application, a modification of an application for a major permit, or an application to modify a previously issued major permit for development has been made, where the application or modification may be inspected, and the time period for comments; and (ii) with the exception of minor permit applications, by publishing notice of the application or modification at least once in one newspaper of general circulation in the county or counties wherein the development would be located at least 20 days before final action on a major permit or before the beginning of the hearing on a permit under G.S. 113A-122. The notice shall set out that any comments on the development should be submitted to the Secretary by a specified date, not less than 15 days from the date of the newspaper publication of the notice or 15 days after mailing of the mailed notice, whichever is later.(c) Within the meaning of this Part, the "designated local official" is the official who has been designated by the local governing body to receive and consider permit applications under this Part.  (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c. 771, s. 4; 1981, c. 932, s. 2.1; 1983, c. 307; 1985, c. 372; 1989, c. 53; c. 727, s. 132; 1989 (Reg. Sess., 1990), c. 987, s. 1; 2013-413, s. 30; 2017-209, s. 5(b); 2020-74, s. 2; 2021-158, s. 2(a).)
NC Gen Stat § 113A-119.1 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-119.1 - Permit fees.

 113A-119.1. Permit fees.(a) The Commission shall have the power to establish a graduated fee schedule for the processing of applications for permits, renewals of permits, modifications of permits, or transfers of permits issued pursuant to this Article. In determining the fee schedule, the Commission shall consider the administrative and personnel costs incurred by the Department for processing the applications, related compliance activities, and the complexity of the development sought to be undertaken for which a permit is required under this Article. The fee to be charged for processing an application may not exceed four hundred dollars ($400.00). The total funds collected from fees authorized by the Commission pursuant to this section in any fiscal year shall not exceed thirty-three and one-third percent (33 1/3%) of the total personnel and administrative costs incurred by the Department for permit processing and compliance programs within the Division of Coastal Area Management.(b) Fees collected under this section shall be applied to the costs of administering this Article.(c) Repealed by Session Laws 1991 (Regular Session, 1992), c. 1039, s. 4. (1989 (Reg. Sess., 1990), c. 987, s. 2; 1991 (Reg. Sess., 1992), c. 1039, s. 4.)
NC Gen Stat § 113A-119.2 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-119.2 - Review of offshore fossil fuel facilities.

 113A-119.2. Review of offshore fossil fuel facilities.(a) In addition to the definitions set out in G.S. 113A-103, as used in this section, the following definitions shall apply:(1) "Coastal fishing waters" has the same meaning as in G.S. 113-129.(2) "Discharge" has the same meaning as in G.S. 143-215.77.(3) "Offshore fossil fuel facility" means those facilities for the exploration, development, or production of oil or natural gas which, because of their size, magnitude, or scope of impacts, have the potential to affect any land or water use or natural resource of the coastal area. For purposes of this definition, offshore fossil fuel facilities shall include, but are not limited to:a. Structures, including drill ships and floating platforms and structures relocated from other states or countries, located in coastal fishing waters.b. Any equipment associated with a structure described in sub-subdivision a. of this subdivision, including, but not limited to, pipelines and vessels that are used to carry, transport, or transfer oil, natural gas, liquid natural gas, liquid propane gas, or synthetic gas.c. Onshore support or staging facilities associated with a structure described in sub-subdivision a. of this subdivision.(4) "Oil" has the same meaning as in G.S. 143-215.77.(b) In addition to any other information necessary to determine consistency with State guidelines adopted pursuant to G.S. 113A-107, the following information is required for the review of an offshore fossil fuel facility located in coastal fishing waters:(1) All information required to be included in an Exploration Plan required pursuant to Subpart B of Part 250 of 30 C.F.R. (July 1, 2009 edition).(2) All information required to be included in an Oil-Spill Response Plan required pursuant to Subpart B of Part 254 of 30 C.F.R. (July 1, 2009 edition).(3) An assessment of alternatives to the proposed offshore fossil fuel facility that would minimize the likelihood of an unauthorized discharge.(4) An assessment of the potential for an unauthorized discharge to cause temporary or permanent violations of the federal and State water quality standards, including the antidegradation policy adopted pursuant to section 303(d) of the federal Clean Water Act (33 U.S.C. 1313(d)).(5) Any other information that the Commission determines necessary for consistency review.  (2010-179, s. 2.)
NC Gen Stat § 113A-120.1 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-120.1 - Variances.

 113A-120.1. Variances.(a) Any person may petition the Commission for a variance granting permission to use the person's land in a manner otherwise prohibited by rules or standards prescribed by the Commission, or orders issued by the Commission, pursuant to this Article. To qualify for a variance, the petitioner must show all of the following:(1) Unnecessary hardships would result from strict application of the rules, standards, or orders.(2) The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property.(3) The hardships did not result from actions taken by the petitioner.(4) The requested variance is consistent with the spirit, purpose, and intent of the rules, standards, or orders; will secure public safety and welfare; and will preserve substantial justice.(b) The Commission may impose reasonable and appropriate conditions and safeguards upon any variance it grants. (1989, c. 676, s. 8; 2002-68, s. 1.)
NC Gen Stat § 113A-120.2 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-120.2 - Expired.

 113A-120.2. Expired.
NC Gen Stat § 113A-121 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-121 - Permits for minor developments under expedited procedures.

 113A-121. Permits for minor developments under expedited procedures.(a) Applications for permits for minor developments shall be expeditiously processed so as to enable their promptest feasible disposition.(b) In cities and counties that have developed approved implementation and enforcement programs, applications for permits for minor developments shall be considered and determined by the designated local official of the city or county as the case may be. In cities and counties that have not developed approved implementation and enforcement programs, such applications shall be considered and determined by the Secretary. Minor development projects proposed to be undertaken by a local government within its own permit-letting jurisdiction shall be considered and determined by the Secretary.(c) Failure of the Secretary or the designated local official (as the case may be) to approve or deny an application for a minor permit within 25 days from receipt of application shall be treated as approval of the application, except that the Secretary or the designated local official (as the case may be) may extend the deadline by not more than an additional 25 days in exceptional cases. No waiver of the foregoing time limitation (or of the time limitation established in G.S. 113A-122(c)) shall be required of any applicant.(d) Repealed by Session Laws 1981, c. 913, s. 2. (1973, c. 1284, s. 1; 1977, c. 771, s. 4; 1981, c. 913, s. 2; 1983, c. 172, s. 1; c. 399; 1989, c.727, s. 133.)
NC Gen Stat § 113A-121.1 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-121.1 - Administrative review of permit decisions.

 113A-121.1. Administrative review of permit decisions.(a) An applicant for a minor or major development permit who is dissatisfied with the decision on his application may file a petition for a contested case hearing under G.S. 150B-23 within 20 days after the decision is made. When a local official makes a decision to grant or deny a minor development permit and the Secretary is dissatisfied with the decision, the Secretary may file a petition for a contested case within 20 days after the decision is made.(b) A person other than a permit applicant or the Secretary who is dissatisfied with a decision to deny or grant a minor or major development permit may file a petition for a contested case hearing only if the Commission determines that a hearing is appropriate. A request for a determination of the appropriateness of a contested case hearing shall be made in writing and received by the Commission within 20 days after the disputed permit decision is made. A determination of the appropriateness of a contested case shall be made within 30 days after a request for a determination is received and shall be based on whether the person seeking to commence a contested case:(1) Has alleged that the decision is contrary to a statute or rule;(2) Is directly affected by the decision; and(3) Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous.If the Commission determines a contested case is appropriate, the petition for a contested case shall be filed within 20 days after the Commission makes its determination. A determination that a person may not commence a contested case is a final agency decision and is subject to judicial review under Article 4 of Chapter 150B of the General Statutes. If, on judicial review, the court determines that the Commission erred in determining that a contested case would not be appropriate, the court shall remand the matter for a contested case hearing under G.S. 150B-23 and final decision on the permit pursuant to G.S. 113A-122. Decisions in such cases shall be rendered pursuant to those rules, regulations, and other applicable laws in effect at the time of the commencement of the contested case.(c) When the applicant seeks administrative review of a decision concerning a permit under subsection (a) of this section, the permit is suspended from the time a person seeks administrative review of the decision concerning the permit until the Commission makes a final decision in the contested case, and no action may be taken during that time that would be unlawful in the absence of a permit.(d) A permit challenged under subsection (b) of this section remains in effect unless a stay is issued by the administrative law judge as set forth in G.S. 150B-33 or by a reviewing court as set forth in G.S. 150B-48.  (1981, c. 913, s. 3; 1983, c. 400, ss. 1, 2; 1987, c. 827, s. 139; 1995, c. 409, s. 1; 2011-398, s. 37; 2014-120, s. 23; 2021-158, s. 3(a).)
NC Gen Stat § 113A-127 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-127 - Coordination with the federal government.

 113A-127. Coordination with the federal government.All State agencies shall keep informed of federal and interstate agency plans, activities, and procedures within their area of expertise that affect the coastal area. Where federal or interstate agency plans, activities or procedures conflict with State policies, all reasonable steps shall be taken by the State to preserve the integrity of its policies. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. 2.1.)
NC Gen Stat § 113A-128 (2021)
2021 North Carolina General Statutes|Chapter 113A - Pollution Control and Environment|Article 7 - Coastal Area Management.|§ 113A-128 - Protection of landowners' rights.

 113A-128. Protection of landowners' rights.Nothing in this Article authorizes any governmental agency to adopt a rule or issue any order that constitutes a taking of property in violation of the Constitution of this State or of the United States. (1973, c. 1284, s. 1; 1987, c. 827, s. 144.)