reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-107.1 - Sea-level policy.

§ 113A-107.1. Sea-level policy.
(a) The General Assembly does not intend to mandate the development of sea-level policy or the definition of rates of sea-level change for regulatory purposes.
(b) No rule, policy, or planning guideline that defines a rate of sea-level change for regulatory purposes shall be adopted except as provided by this section.
(c) Nothing in this section shall be construed to prohibit a county, municipality, or other local government entity from defining rates of sea-level change for regulatory purposes.
(d) All policies, rules, regulations, or any other product of the Commission or the Division related to rates of sea-level change shall be subject to the requirements of Chapter 150B of the General Statutes.
(e) The Commission shall be the only State agency authorized to define rates of sea-level change for regulatory purposes. If the Commission defines rates of sea-level change for regulatory purposes, it shall do so in conjunction with the Division of Coastal Management of the Department. The Commission and Division may collaborate with other State agencies, boards, and commissions; other public entities; and other institutions when defining rates of sea-level change. (2012-202, s. 2(a).)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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).)
2023 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.)
2023 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).)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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).)
2023 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.)
2023 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.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-129.1 - Legislative Findings and Purposes.

§ 113A-129.1. Legislative Findings and Purposes.
(a) Findings. – It is hereby determined and declared as a matter of legislative finding that the coastal area of North Carolina contains a number of important undeveloped natural areas. These areas are vital to continued fishery and wildlife protection, water quality maintenance and improvement, preservation of unique and important coastal natural areas, aesthetic enjoyment, and public trust rights such as hunting, fishing, navigation, and recreation. Such land and water areas are necessary for the preservation of estuarine areas of the State, constitute important research facilities, and provide public access to waters of the State.
(b) Purposes. – Important public purposes will be served by the preservation of certain of these areas in an undeveloped state. Such areas would thereafter be available for research, education, and other consistent public uses. These areas would also continue to contribute perpetually to the natural productivity and biological, economic, and aesthetic values of North Carolina's coastal area. (1989, c. 344, s. 1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-129.2 - Coastal Reserve Program.

§ 113A-129.2. Coastal Reserve Program.
(a) There is hereby created a North Carolina Coastal Reserve System for the purpose of acquiring, improving, and maintaining undeveloped coastal land and water areas in a natural state.
(b) This system shall be established and administered by the Department of Environmental Quality. In so doing the Department shall consult with and seek the ongoing advice of the Coastal Resources Commission. The Department may by rule define the areas to be included in this system and set standards for its use.
(c) This system shall be established within the coastal area as defined by G.S. 113A-103(2).
(d) All acquisitions or dispositions of property for lands within this system shall be in accordance with the provisions of Chapter 146 of the General Statutes.
(e) All lands and waters within the system shall be used primarily for research and education. Other public uses, such as hunting, fishing, navigation, and recreation, shall be allowed to the extent consistent with these primary uses. Improvements and alterations to the lands shall be limited to those consistent with these uses. (1989, c. 344, s. 1; c. 727, s. 218(58); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-129.3 - Coordination.

§ 113A-129.3. Coordination.
(a) To the extent feasible, this system shall be carried out in coordination with the National Estuarine Reserve Research System established by 16 U.S.C. § 1461.
(b) To the extent feasible, lands and waters within this system shall be dedicated as components of the "State Nature and Historic Preserve" as provided in Article XIV, Section 5, of the Constitution and as nature reserves pursuant to G.S. 143B-135.250 to G.S. 143B-135.270. (1989, c. 344, s. 1; c. 770, s. 47; 2019-241, s. 4.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-134.1 - Legislative findings.

§ 113A-134.1. Legislative findings.
(a) The General Assembly finds that there are many privately owned lots or tracts of land in close proximity to the Atlantic Ocean and the coastal waters in North Carolina that have been and will be adversely affected by hazards such as erosion, flooding, and storm damage. The sand dunes on many of these lots provide valuable protective functions for public and private property and serve as an integral part of the beach sand supply system. Placement of permanent substantial structures on these lots will lead to increased risks of loss of life and property, increased public costs, and potential eventual encroachment of structures onto the beach.
(b) The public has traditionally fully enjoyed the State's beaches and coastal waters and public access to and use of the beaches and coastal waters. The beaches provide a recreational resource of great importance to North Carolina and its citizens and this makes a significant contribution to the economic well-being of the State. The General Assembly finds that the beaches and coastal waters are resources of statewide significance and have been customarily freely used and enjoyed by people throughout the State. Public access to beaches and coastal waters in North Carolina is, however, becoming severely limited in some areas. Also, the lack of public parking is increasingly making the use of existing public access difficult or impractical in some areas. The public interest would best be served by providing increased access to beaches and coastal waters and by making available additional public parking facilities. There is therefore, a pressing need in North Carolina to establish a comprehensive program for the identification, acquisition, improvement, and maintenance of public accessways to the beaches and coastal waters. (1981, c. 925, s. 1; 1983, c. 751, s. 13; 1989, c. 344; s. 2; 1995, c. 183, s. 2.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-134.2 - Creation of program; administration; purpose; definitions.

§ 113A-134.2. Creation of program; administration; purpose; definitions.
(a) There is created the Public Beach and Coastal Waterfront Access Program, to be administered by the Commission and the Department, for the purpose of acquiring, improving, and maintaining property along the Atlantic Ocean and coastal waterways to which the public has rights-of-access or public trust rights as provided in this Part.
(b) As used in this Part:
(1) "Public trust resources" has the same meaning as in G.S. 113-131(e).
(2) "Public trust rights" has the same meaning as in G.S. 1-45.1. (1981, c. 925, s. 1; 1983, c. 757, s. 13; 1989, c. 344, s. 2; c. 727, s. 136; c. 751, s. 13; 1995, c. 183, s. 3.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7C - Beach Management Plan. › § 113A-134.11 - Department to compile and evaluate information.

§ 113A-134.11. Department to compile and evaluate information.
The Department of Environmental Quality shall compile and evaluate information on the current conditions and erosion rates of beaches, on coastal geology, and on storm and erosion hazards for use in developing a State plan and strategy for beach management and restoration. The Department of Environmental Quality shall make this information available to local governments for use in land-use planning. (2000-67, s. 13.9(b); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7C - Beach Management Plan. › § 113A-134.12 - Multiyear beach management and restoration strategy and plan.

§ 113A-134.12. Multiyear beach management and restoration strategy and plan.
(a) The Department of Environmental Quality shall develop a multiyear beach management and restoration strategy and plan that does all of the following:
(1) Utilizes the data and expertise available in the Divisions of Water Resources, Coastal Management, and Energy, Mineral, and Land Resources.
(2) Identifies the erosion rate at each beach community and estimates the degree of vulnerability to storm and hurricane damage.
(3) Uses the best available geological and geographical information to determine the need for and probable effectiveness of beach nourishment.
(4) Provides for coordination with the U.S. Army Corps of Engineers, the North Carolina Department of Transportation, the North Carolina Division of Emergency Management, and other State and federal agencies concerned with beach management issues.
(5) Provides a status report on all U.S. Army Corps of Engineers' beach protection projects in the planning, construction, or operational stages.
(6) Makes maximum feasible use of suitable sand dredged from navigation channels for beach nourishment to avoid the loss of this resource and to reduce equipment mobilization costs.
(7) Promotes inlet sand bypassing where needed to replicate the natural flow of sand interrupted by inlets.
(8) Provides for geological and environmental assessments to locate suitable materials for beach nourishment.
(9) Considers the regional context of beach communities to determine the most cost-effective approach to beach nourishment.
(10) Provides for and requires adequate public beach access, including access for individuals with a disability.
(11) Recommends priorities for State funding for beach nourishment projects, based on the amount of erosion occurring, the potential damage to property and to the economy, the benefits for recreation and tourism, the adequacy of public access, the availability of local government matching funds, the status of project planning, the adequacy of project engineering, the cost-effectiveness of the project, and the environmental impacts.
(12) Includes recommendations on obtaining the maximum available federal financial assistance for beach nourishment.
(13) Is subject to a public hearing to receive citizen input.
(b) Each plan shall be as complete as resources and available information allow. (2000-67, s. 13.9(c), (d); 2012-143, s. 1(f); 2015-241, s. 14.30(u); 2017-10, s. 4.9; 2018-142, s. 15.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9 - Land Policy Act. › § 113A-152 - Definitions.

§ 113A-152. Definitions.
Unless the context otherwise requires, the following terms as used in this Article are defined as follows:
(1) "Areas of environmental concern" means: those areas of this State where uncontrolled development, unregulated use, or other man-related activities could result in major or irreversible damage to important environmental, historic, cultural, scientific or scenic values, or natural systems or processes which are of more than local significance, or could unreasonably endanger life or property as a result of natural hazards, or could result in loss of continued long-range productivity in renewable resource areas.
(2) "Principal officer" means the duly appointed or elected public official in responsible charge of a principal department of State government.
(3) "Key facilities" means public facilities which tend to induce development and urbanization of more than local impact and includes, but is not limited to, major facilities for the development, generation, and transmission of energy, for communication, and for transportation.
(4) "Local government" means any county, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of this Article.
(5) "New communities and large-scale developments" means private development which, because of its magnitude or the magnitude of its effect on the surrounding environment, is likely to present issues of more than local significance.
(6) "Project of regional impact" means land use, public development, and private development on government or nongovernmental lands for which there is a demonstrable impact affecting the interests of constituents of more than one local unit of government.
(7) "Region" or "regional" means or refers to one or more of the official planning regions established pursuant to the laws of this State. (1973, c. 1306, s. 1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9 - Land Policy Act. › § 113A-155 - State land policy.

§ 113A-155. State land policy.
(a) Content. – The State land policy of North Carolina shall consist of the following:
(1) Consistent, comprehensive, and coordinated principles, guidelines, and methods for the transaction of all matters and affairs by any agency of State or local government dealing with, or related to, the acquisition, ownership, use, management, and disposition, in part or whole, of title or interests in state-owned and other public lands;
(2) A compilation of all appropriate State laws, appellate court decisions, and current administrative practices, policies and principles, as established by precedent or administrative order, when accepted and recognized as such by the Land Policy Council; and
(3) Principles, guidelines and methods regarding specific land-use and management problems identified by the Land Policy Council, which shall include, but not be limited to, the following:
a. Specific policies and principles for early acquisition of a reserve of lands to form a resource base from which needs for parklands, recreation sites, water reservoirs, key facilities, and other public needs may be met.
b. Specific policies and principles for the location, coordination, consolidation and joint use of utility rights-of-way, of whatever sort, whether above, below, or on the surface of the ground.
c. Specific policies regarding large-scale and special public projects and assemblage of land therefor.
d. Specific policies for determination and certification of areas of environmental concern.
e. Specific policies regarding new communities and large-scale developments on nongovernment lands.
f. Specific policies regarding projects of regional impact.
g. Other similar and related policies and directives as may be necessary to carry out the purpose of this Article.
(b) Effect. – Such policies, principles, directives and methods, when not inconsistent or in conflict with existing law or rules, shall guide and determine the administrative procedures, findings, decisions and objectives of all agencies of State and local government with regard to acquisition, management, and disposition of public lands and interests therein and the regulation of private lands involved in or affected by areas of environmental concern, new communities, large-scale developments and projects of regional impact.
(c) Repealed by Session Laws 1987, c. 827, s. 147. (1973, c. 1306, s. 1; 1987, c. 827, s. 147.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9 - Land Policy Act. › § 113A-158 - Protection of rights.

§ 113A-158. Protection of 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, without payment of full compensation. (1973, c. 1306, s. 5; 1987, c. 827, s. 144.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9 - Land Policy Act. › § 113A-159 - Interpretation.

§ 113A-159. Interpretation.
It is the intention of the General Assembly that this Article be interpreted consistently with, and administered in coordination with, the Coastal Area Management Act of 1974. (1973, c. 1306, s. 6.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.1: Recodified as G.S. 143B-135.250 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.1: Recodified as G.S. 143B-135.250 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.2: Recodified as G.S. 143B-135.252 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.2: Recodified as G.S. 143B-135.252 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.3: Recodified as G.S. 143B-135.254 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.3: Recodified as G.S. 143B-135.254 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.4: Recodified as G.S. 143B-135.256 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.4: Recodified as G.S. 143B-135.256 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.5: Recodified as G.S. 143B-135.258 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.5: Recodified as G.S. 143B-135.258 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.6: Recodified as G.S. 143B-135.260 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.6: Recodified as G.S. 143B-135.260 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.7: Recodified as G.S. 143B-135.262 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.7: Recodified as G.S. 143B-135.262 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.8: Recodified as G.S. 143B-135.264 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.8: Recodified as G.S. 143B-135.264 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.9: Recodified as G.S. 143B-135.266 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.9: Recodified as G.S. 143B-135.266 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.10: Recodified as G.S. 143B-135.268 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.10: Recodified as G.S. 143B-135.268 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.11: Recodified as G.S. 143B-135.270 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.11: Recodified as G.S. 143B-135.270 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 9A - Nature Preserves Act. › §§ 113A-164.12: Recodified as G.S. 143B-135.272 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

§ 113A-164.12: Recodified as G.S. 143B-135.272 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 10 - Control of Outdoor Advertising near the Blue Ridge Parkway. › § 113A-165 - Advertisements prohibited within 1,000 feet of centerline; exceptions.

§ 113A-165. Advertisements prohibited within 1,000 feet of centerline; exceptions.
No advertisement or advertising structure shall be erected, constructed, installed, maintained or operated within 1,000 feet of the centerline of the Blue Ridge Parkway, except the following:
(1) Sign displays or devices which advertise sale, lease, rental, or development of the property on which it is located.
(2) On-premises Signs. – For the purpose of this Article, those signs, displays or devices which carry only advertisements strictly related to the lawful use of the property on which it is located including signs, displays or devices which identify the business transacted, services rendered, goods sold or produced on the property, name of the business, [and] name of the person, firm or corporation occupying or owning the property. The size of signs advertising the major business activity is not regulated hereunder. Signs which advertise brand-name products or service sold or offered for sale on the property shall not be displayed as on-premise[s] signs unless such signs are on or attached to the building in which such products are sold. All such signs permitted under this subsection shall be located not more than 150 feet from the building in which such business activity is carried on.
(3) Historic markers erected by duly constituted and authorized public authorities.
(4) Highway markers and signs erected or caused to be erected by the Board of Transportation or other authorized authorities in accordance with the law.
(5) Directional and official signs or notices erected and maintained by public officers or agencies pursuant to and in accordance with lawful authorization for the purpose of carrying out the official duty or responsibility.
(6) Signs located within a 1,000-foot radius of intersections created by the crossing of the centerline of the Blue Ridge Parkway with the centerlines of components of the National System of Interstate and Defense Highways, Federal Aid Primary Highway System, or the North Carolina System of Primary Highways, not, however, inconsistent with other provisions of the General Statutes. (1973, c. 507, s. 5; 1975, c. 385.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 10 - Control of Outdoor Advertising near the Blue Ridge Parkway. › § 113A-166 - Rules.

§ 113A-166. Rules.
The Secretary of Environmental Quality may adopt rules needed to implement this Article. (1975, c. 385; 1977, c. 771, s. 4; 1987, c. 827, s. 149; 1989, c. 727, s. 218(69); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(v).)