reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0100 - DEFINITIONS › Section 07J .0102 - GENERAL DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions apply whenever these words are
					 used in this Subchapter:
(1) "Areas of
				  Environmental Concern" (AECs) means geographic areas within the coastal area
				  which the Coastal Resources Commission chooses to designate for special
				  environmental and land use regulations. The types of areas which may be
				  designated as AECs are described in
				  G.S.
				  113A-113. Areas which have already been
				  designated are defined in
				  15A NCAC
				  07H, "State Guidelines for Areas of
				  Environmental Concern."
(2)
				  "Department" (DEQ) means the North Carolina Department of Environmental
				  Quality.
(3) "Excavation Project"
				  means any moving, digging, or exposing of bottom materials, marshland
				  substrate, or root or rhizome matter in the estuarine waters, tidelands,
				  marshlands and State-owned lakes, regardless of the equipment or method
				  used.
(4) "Filling Project" means
				  the placing of any materials in estuarine waters, tidelands, marshlands, and
				  State-owned lakes so as to raise the elevation of the area upon which the
				  material is placed. Structure placement does not constitute a filling or
				  excavation project. The placement of shell material specifically for the
				  purpose of oyster culture also shall not be considered a filling
				  project.
(5) "Local Management
				  Program" means the local implementation and enforcement program of a coastal
				  city or county that has undertaken to administer a permit program for minor
				  development in areas of environmental concern located within such city or
				  county.
(6) "Local Permit Officer"
				  refers to the locally designated official who will administer and enforce the
				  minor development permit program in areas of environmental concern and all
				  parts of the land use plan which the local government may wish to enforce over
				  the entire planning area.
(7)
				  "Division" means the Division of Coastal Management.
(8) "Permit" refers to CAMA major development
				  permits, CAMA minor development permits and dredge and fill permits unless the
				  context clearly indicates otherwise.
(9) "Secretary" refers to the Secretary of
				  Environment and Natural Resources.
Authority
					 G.S.
					 113-229;
					 113A-116;
					 113A-117;
					 113A-118;
Eff. March
					 15, 1978;
Amended Eff. June 1, 2006; April 1, 1997; May 1, 1990;
					 November 1, 1984;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0200 - APPLICATION PROCESS › Section 07J .0201 - PERMIT REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
After March 1, 1978, every person wishing to undertake any
					 development in an area of environmental concern shall obtain a permit from the
					 Department, in the case of a major development or dredge and fill permit, or
					 from the local permit officer, in the case of a minor development permit,
					 unless such development is exempted by the Commission.
Authority
					 G.S.
					 113-229;
					 113A-118;
					 113A-124;
Eff. March
					 15, 1978;
Amended Eff. November 1, 1984;
Readopted Eff.
					 October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0200 - APPLICATION PROCESS › Section 07J .0202 - PERMIT APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  seeking to obtain a permit for a major development and/or dredge and fill
				  project is required to file with the Department an application completed in
				  accordance with
				  15A NCAC
				  07J .0204(b)(1) through
				  (7).
(b) Any person seeking to obtain a permit for
				  a minor development project is required to file with the local permit officer a
				  completed application form as adopted and approved by the Coastal Resources
				  Commission and in accordance with the minor permit provisions in
				  15A NCAC
				  07J .0204.
(c) Regardless of whether any advice or
				  information was provided by other persons, including department officials, the
				  applicant is responsible for the accuracy and completeness of the information
				  provided in the application.
Authority
					 G.S.
					 113-229;
					 113A-119;
					 113A-124(b);
Eff. March 15, 1978;
Amended Eff. December 1, 1985; May 1, 1985;
					 November 1, 1984; November 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0200 - APPLICATION PROCESS › Section 07J .0205 - REPEALED - ACCEPTANCE OF AN APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-118(c);
					 113A-122(a);
Eff. March 15, 1978;
Amended Eff. August 1, 1983; May 1,
					 1983;
Repealed Eff. November 1,
					 1983.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0200 - APPLICATION PROCESS › Section 07J .0206 - PUBLIC NOTICE OF THE PROPOSED DEVELOPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Within a reasonable time after receiving an application for
					 a major development permit, a significant modification to an application for a
					 major permit, or an application to modify substantially a previously issued
					 major permit, the Division of Coastal Management shall issue public notice of
					 the proposed development as provided in
					 G.S.
					 113A-119(b). Any citizen or
					 group will, upon request, be promptly sent a copy of the application upon
					 payment of a reasonable fee to cover costs of copying, handling, and
					 posting.
Authority
					 G.S.
					 113A-119(b);
Eff. March 15, 1978;
Amended Eff. January 1, 1990; October 1, 1988;
					 November 1, 1983.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0200 - APPLICATION PROCESS › Section 07J .0207 - AGENCY REVIEW/COMMENTS: MAJOR DEVELOPMENT/DREDGE AND FILL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order to
				  determine the impact of the proposed project, the Department shall prepare a
				  field report on each major development and/or dredge and fill permit
				  application accepted for processing. Such report shall be prepared after an
				  on-site investigation is made, preferably in the presence of the applicant or
				  his agent. The report will include such topics as project location,
				  environmental setting, project description and probable environmental impact
				  but will not include recommendations of the office.
(b) The Department will circulate major
				  development permit applications to the several state review agencies having
				  expertise in the criteria enumerated in
				  G.S.
				  113A-120.
(c) The Department will circulate dredge and
				  fill permit applications to the several state review agencies having expertise
				  in those matters enumerated in G.S. 113- 229(e) (1) - (5).
(d) Each reviewing agency may make an
				  independent analysis of the application and submit recommendations and comments
				  to the Department. Such recommendations and comments will be considered by the
				  Department in taking action on a permit application.
(e) Each reviewing agency may request
				  additional information (including Stormwater Management Plans) from the
				  applicant through the Division of Coastal Management if such information is
				  deemed necessary for a thorough and complete review of the application. The
				  applicant will be notified of the requirement for additional information and
				  permit processing will be suspended according to
				  15A NCAC
				  07J .0204(d).
(f) The Division of Coastal Management is one
				  of the state agencies that comments on dredge and fill project applications. In
				  its role as a commenting agency the Division will use criteria in
				  15A NCAC
				  07H and local land use plans to assess
				  whether to recommend permit issuance, permit issuance with conditions, or
				  permit denial. Other commenting state agencies will make assessments, in
				  accordance with Paragraph (c) of this Rule.
Authority
					 G.S.
					 113-229;
					 113A-124(a)(1);
Eff. March 15, 1978;
Amended Eff. July 1, 1989; October 1, 1988;
					 September 1, 1985; November 1, 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0200 - APPLICATION PROCESS › Section 07J .0208 - PERMIT CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each of the
				  several state review agencies may submit specific recommendations regarding the
				  manner in which the requested work should be carried out and suggest reasonable
				  limitations on the work in order to protect the public interest with respect to
				  the factors enumerated in
				  G.S.
				  113A-120 and/or
				  G.S.
				  113-229(c). The several
				  state review agencies also may submit specific recommendations regarding
				  limitations to be placed on the operation and/or maintenance of the completed
				  project, as necessary to ensure continued protection of the public interest
				  with respect to those factors. Such limitations may be recommended by the
				  Department or commission to be imposed on the project in the form of "permit
				  conditions". Upon the failure of the applicant to appeal a permit condition,
				  the applicant will be deemed to have amended his permit to conform to the
				  conditions imposed by the Department. Compliance with operational and/or
				  maintenance conditions must continue for the life of the project.
(b) The local permit officer may condition a
				  minor development permit upon amendment of the proposed project to take
				  whatever measures may be reasonably necessary to protect the public interest
				  with respect to the factors enumerated in
				  G.S.
				  113A-120. The applicant must sign the
				  conditioned grant as an indication of amendment of the proposed project in a
				  manner consistent with the conditions set out by the local permit officer
				  before the permit shall become effective.
(c) Failure to comply with permit conditions
				  constitutes a violation of an order of the Commission under
				  G.S.
				  113A-126.
Authority
					 G.S.
					 113A-120(b);
					 113A-124(a)(1);
					 113A-124(c)(5);
Eff. March 15, 1978;
Amended Eff. March 1, 1985; November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0200 - APPLICATION PROCESS › Section 07J .0209 - ISSUANCE OF PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				  hereby delegates to the Department the authority to issue or deny CAMA permits.
				  The decision to issue or deny the permit will be based on the criteria set
				  forth in
				  G.S.
				  113A-120, the standards for development set
				  forth in 15A NCAC, Subchapters 7H and 7M, and any other applicable rules
				  adopted by the Commission. The Department may condition issuance of permits on
				  such conditions as are considered necessary to ensure compliance with these
				  criteria and standards. The Department's decisions to grant or deny CAMA
				  permits may be appealed as provided in G.S. Chapter 150B,
				  G.S.
				  113A-121.1, and
				  15A NCAC
				  07J Section .0300.
(b) The Department will make a final decision
				  with respect to a dredge and fill permit application as provided in
				  G.S.
				  113-229(e) upon considering
				  the field investigation report, the comments of all interested state agencies,
				  the comments of adjacent riparian landowners and the comments of other
				  interested parties. The Department's decisions to grant or deny dredge and fill
				  permits may be appealed as provided in G.S. Chapter 150B,
				  G.S.
				  113-229, and
				  15A NCAC
				  07J Section .1000.
(c) In cities and counties that have
				  developed local management programs, applications for minor development permits
				  shall be considered by the local permit officer. The decision to issue or deny
				  the permit will be based on the applicable criteria set forth in
				  G.S.
				  113A-120, the applicable standards for
				  development set forth in 15A NCAC, Subchapters 7H and 7M, and any other
				  applicable rules adopted by the Commission. The local permit officer may
				  condition issuance of a permit on such conditions as are considered necessary
				  to ensure compliance with criteria and standards. A city's or county's decision
				  to grant or deny a CAMA minor development permit may be appealed as provided in
				  G.S. Chapter 150B,
				  G.S.
				  113A-121.1, and
				  15A NCAC
				  07J Section .0300.
Authority
					 G.S.
					 113-229;
					 113A-118(c);
					 113A-122(c);
					 113A-124;
Eff. March
					 15, 1978;
Amended Eff. October 1, 1988; November 1, 1984; September
					 6, 1979; March 5, 1979;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0200 - APPLICATION PROCESS › Section 07J .0210 - REPLACEMENT OF EXISTING STRUCTURES

Current through Register Vol. 39, No. 2, July 15, 2024
Replacement of structures damaged or destroyed by natural
					 elements, fire or normal deterioration is considered development and requires
					 CAMA permits. Replacement of structures shall be permitted if the replacement
					 is consistent with current CRC rules. Repair of structures damaged by natural
					 elements, fire or normal deterioration is not considered development and shall
					 not require CAMA permits. The CRC shall use the following criteria to determine
					 whether proposed work is considered repair or replacement.
(1) NON-WATER DEPENDENT STRUCTURES. Proposed
				  work is considered replacement if the Department determines that the cost to do
				  the work exceeds 50 percent of the market value of an existing structure either
				  prior to a catastrophic event such as a fire or hurricane or if there is no
				  catastrophic event, at the time of the request market value and costs are
				  determined as follows:
(a) The market value
				  of the structure shall be determined by the Division based on information
				  provided by the applicant that is no more than one year old as of the date the
				  request is made. The market value of the structure shall not include the value
				  of the land or value resulting from the location of the property, the value of
				  accessory structures, or the value of other improvements located on the
				  property. The information provided by the applicant may include any of the
				  following:
(i) an appraisal;
(ii) the replacement cost with depreciation
				  for age of the structure and quality of construction; or
(iii) the tax assessed value.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0200 - APPLICATION PROCESS › Section 07J .0211 - NON CONFORMING DEVELOPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
A non-conforming structure is any structure within an AEC
					 other than Ocean Hazard and Inlet Hazard AECs that is inconsistent with current
					 CRC rules, and was built prior to the effective date(s) of the rule(s) with
					 which it is inconsistent. Replacement of such structures shall be allowed when
					 all of the following criteria are met:
(1) the structure shall not be enlarged
				  beyond its original dimensions;
(2)
				  the structure shall serve the same or similar use;
(3) there are no alternatives for replacing
				  the structure to provide the same or similar benefits to the structure owner in
				  compliance with current rules; and
(4) the structure will be rebuilt so as to
				  comply with current rules to the maximum extent possible.
Authority
					 G.S.
					 113A-107(a),(b);
Eff. July 1, 1990;
Amended Eff. December 1, 1991;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0300 - HEARING PROCEDURE › Section 07J .0301 - WHO IS ENTITLED TO A CONTESTED CASE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Under
					 G.S.
					 113A-121.1(b), persons other
					 than those entitled to a contested case hearing on a permit decision under
					 Paragraph (a) of this Rule may file a request for such a hearing and with the
					 Director, Division of Coastal Management, Department of Environmental Quality
					 (DEQ), 400 Commerce Avenue, Morehead City, NC 28557, and a copy shall be filed
					 with the Attorney General's Office, 9001 Mail Service Center, Raleigh, NC
					 27699-9001. The Commission hereby delegates to the Chair the authority to
					 determine whether persons other than those entitled to a hearing shall be
					 granted a hearing.
Authority
					 G.S.
					 113-229;
					 113A-118(a);
					 113A-121.1;
					 113A-124;
Eff. March
					 15, 1978;
Amended Eff. July 1, 1990; October 1, 1988; November 1,
					 1984;
RRC Objection due to lack of Statutory Authority Eff.
					 February 20, 1992;
Amended Eff. March 31, 1992;
RRC
					 Objection due to lack of Statutory Authority Eff. March 19, 1992;
Amended Eff. June 1, 2005; April 1, 1992;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0300 - HEARING PROCEDURE › Section 07J .0302 - PETITION FOR CONTESTED CASE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  petition shall conform to the requirements of
				  G.S.
				  150B-23. A copy of the petition shall be
				  served on the Director, Division of Coastal Management, 400 Commerce Avenue,
				  Morehead City NC 28557, and on the Attorney General's Office, 9001 Mail Service
				  Center, Raleigh, NC 27699-9001. If a minor development permit is appealed, a
				  copy of the petition shall also be served on the local permit officer. Failure
				  to file any petition within the time period in
				  G.S.
				  113A-121.1(a) and (b)
				  constitutes a waiver of the opportunity for a contested case hearing.
(b) Upon the request of the Director, the
				  local permit officer shall submit a certified copy of the entire record of any
				  minor permit decision which is being appealed to the Director. The record shall
				  include the elements indicated in
				  15A NCAC
				  07I .0508(c).
Authority
					 G.S.
					 113-229;
					 113A-118(a);
					 113A-121.1;
					 113A-124;
Eff. March
					 15, 1978;
Amended Eff. July 1, 1990; October 1, 1988; November 1,
					 1984; July 1, 1982;
RRC Objection due to lack of Statutory
					 Authority Eff. February 20, 1992;
Amended Eff. March 31,
					 1992;
RRC Objection due to lack of Statutory Authority Eff. March
					 19, 1992;
Amended Eff. June 1, 2005; April 1, 1992;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0300 - HEARING PROCEDURE › Section 07J .0303 - CONTESTED CASE HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  contested case hearings shall be heard before an administrative law judge
				  assigned by the Office of Administrative Hearings.
(b) All contested case hearings shall be
				  governed by the procedures in Article 3 of Chapter 150B of the General Statutes
				  and in Title 26 North Carolina Administrative Code except to the extent and in
				  the particulars that Chapters 113 and 113A of the General Statutes make
				  specific provision to the contrary.
Authority
					 G.S.
					 113-229;
					 113A-122(b);
					 113A-124;
Eff. March
					 15, 1978;
Amended Eff. January 1, 1989; November 1, 1984; July 1,
					 1982; October 15, 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0300 - HEARING PROCEDURE › Section 07J .0304 - REPEALED - VENUE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-124(c)(5);
					 150B-24;
Eff. March
					 15, 1978;
Amended Eff. July 1, 1982;
Repealed Eff.
					 August 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0300 - HEARING PROCEDURE › Section 07J .0305 - BURDEN OF PROOF

Current through Register Vol. 39, No. 2, July 15, 2024
The burden of proof at any hearing on a permit appeal shall
					 be as provided in
					 G.S.
					 113A-122(b)(7).
Authority
					 G.S.
					 113A-122(b)(7);
Eff. March 15, 1978;
Amended Eff. October 1, 1988; July 1, 1982;
					 March 30, 1979;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0300 - HEARING PROCEDURE › Section 07J .0306 - ACTION PENDING FINAL DISPOSITION

Current through Register Vol. 39, No. 2, July 15, 2024
Pending the final disposition of a hearing allowed under
					 these rules, no action shall be taken which would be unlawful in the absence of
					 an issued CAMA development and/or dredge and fill permit. In cases where the
					 request for a hearing has been denied under Rule .0301(b), development
					 authorized by the permit may be undertaken unless prohibited by an order of the
					 superior court.
Authority
					 G.S.
					 113A-121.1(d) and
					 (e);
Eff. March 15,
					 1978;
Amended Eff. July 1, 1989; October 1, 1988; July 1,
					 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0300 - HEARING PROCEDURE › Section 07J .0307-0311

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-121(b)(4)(11);
					 113A-122(b)(3)(4)(8)(9);
					 113A-122(c)(5);
					 113A-124(c)(4)(5);
					 150B-25,24;
Eff.
					 March 15, 1978;
Repealed Eff. July 1,
					 1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0300 - HEARING PROCEDURE › Section 07J .0312 - SETTLEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Whenever
				  possible, the Commission encourages the resolution of disputes over the grant
				  or denial of CAMA permits and dredge and fill permits.
(b) The Commission hereby delegates to the
				  director the authority to enter into settlements of appeals concerning CAMA
				  permits and dredge and fill permits prior to the time the administrative law
				  judge opens the hearing on the permit appeal. The director may enter into a
				  settlement without the Commission's approval. Such a settlement shall not be
				  considered a final commission decision, but shall be subject to appeal pursuant
				  to G.S.
				  113A-121.1 and
				  G.S.
				  113-229(f). The Department
				  shall provide public notice of any settlement entered into prior to the opening
				  of the administrative hearing in the same manner as it provides public notice
				  of permit decisions.
(c) The
				  Commission further delegates to the director the authority to enter into
				  negotiations concerning the settlement of any permit appeal after the opening
				  of the hearing on it. Any settlement after the opening of the hearing on an
				  appeal must be submitted to the Commission for adoption or rejection. All
				  parties to a proposed settlement agreement shall waive the time limitation in
				  G.S.
				  113A-122(c) so as to prevent
				  the decision being appealed from becoming effective before the Commission's
				  consideration of the proposed settlement. The Commission's adoption of any
				  settlement shall constitute a final commission decision under
				  G.S.
				  113A-123.
Authority
					 G.S.
					 113A-120;
					 113A-122;
					 113A-124;
Eff. April
					 1, 1987;
Amended Eff. July 1, 1989; October 1,
					 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0400 - FINAL APPROVAL AND ENFORCEMENT › Section 07J .0401-.0402 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-229;
					 113A-118(c);
					 113A-120(a)(b), and
					 (c);
					 113A-122(b);
					 113A-122(b)(10);
					 113A-122(c);
					 113A-124;
Eff. March
					 15, 1978;
Amended Eff. January 1, 1992; July 1, 1989; October 1,
					 1988; September 1, 1988; November 1, 1984; November 1, 1983; August 1,
					 1983;
Expired Eff. April 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0400 - FINAL APPROVAL AND ENFORCEMENT › Section 07J .0403 - DEVELOPMENT PERIOD/COMMENCEMENT/CONTINUATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) New dredge and fill permits and CAMA
				  Major permits shall expire five years from the date of permit issuance, with
				  the exception of publicly-sponsored, multi-phased beach nourishment projects,
				  which shall expire 10 years from the date of permit issuance. Minor permits,
				  except those authorizing beach bulldozing when authorized through issuance of a
				  CAMA minor permit, shall expire on December 31 of the third year following the
				  year of permit issuance.
(b) CAMA
				  minor permits authorizing beach bulldozing shall expire 30 days from the date
				  of permit issuance. Following permit expiration, the permit holder is entitled
				  to request an extension in accordance with Rule .0404(a) of this
				  Section.
(c) Development After
				  Permit Expiration. Any development undertaken after permit expiration shall be
				  considered unpermitted and shall constitute a violation of
				  G.S.
				  113A-118 or
				  G.S.
				  113-229. Any development to be undertaken
				  after permit expiration shall require a new permit or review in accordance with
				  15A NCAC
				  07J .0404(c) as determined
				  by the Division.
(d) Commencement
				  of Development in Ocean Hazard AEC. No development shall begin until the
				  oceanfront setback requirement can be established in accordance with
				  15A NCAC
				  07H .0306. When the permit holder or an
				  individual receiving an exception is ready to begin development, they shall
				  arrange an onsite meeting with the Division of Coastal Management or Local
				  Permitting Officer to determine the oceanfront setback. This setback
				  determination shall replace the one completed at the time the permit was
				  processed and approved and development shall begin within 60 days from the date
				  of that meeting. In the case of a shoreline change that reduces the determined
				  setback; a new setback determination may be required. To determine if a new
				  setback is required, additional coordination with the Division of Coastal
				  Management or Local Permitting Officer shall be required before development
				  begins.
(e) Any permit that has
				  been suspended as a result of litigation shall be extended at the permit
				  holder's written request for a period equivalent to the period of permit
				  suspension, but not to exceed the development period authorized under Paragraph
				  (a) of this Rule.
Authority
					 G.S.
					 113A-118;
					 113A-124(c)(8);
					 113-229;
Eff. March
					 15, 1978;
Amended Eff. August 1, 2002; April 1, 1995; July 1, 1989;
					 March 1, 1985; November 1, 1984;
Readopted Eff. August 1,
					 2021;
Amended Eff. August 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0400 - FINAL APPROVAL AND ENFORCEMENT › Section 07J .0404 - DEVELOPMENT PERIOD EXTENSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				  CAMA minor permits authorizing beach bulldozing, the permit holder is entitled
				  to request a one-time 30-day permit extension. No additional extensions shall
				  be granted after the 30-day extension has expired. Notwithstanding this
				  Paragraph, the permit holder is eligible to apply for another minor permit
				  authorizing beach bulldozing following expiration of the 30-day permit
				  extension.
(b) All other CAMA
				  permits may be extended where substantial development, either within or outside
				  the AEC, has begun or is continuing. The permitting authority shall grant as
				  many two-year extensions as necessary to complete the initial development, with
				  the exception that multi-phased beach nourishment projects may be granted
				  ten-year extensions to allow for continuing project implementation. Renewals
				  for maintenance of previously approved dredging projects may be granted for
				  periods not to exceed five years, For the purpose of this Rule, substantial
				  development shall be deemed to have occurred on a project if the permit holder
				  can show that development has progressed beyond basic site preparation, such as
				  land clearing and grading, and construction has begun and is continuing on the
				  primary structure or structures authorized under the permit. For elevated
				  structures in Ocean Hazard Areas, substantial development begins with the
				  placement of foundation pilings, and proof of the local building inspector's
				  certification that the installed pilings have passed a floor and foundation
				  inspection. For residential subdivisions, installation of subdivision roads
				  consistent with an approved subdivision plat shall constitute substantial
				  development.
(c) To request an
				  extension pursuant to Paragraphs (a) and (b) of this Rule, the permit holder
				  shall submit a signed and dated request containing the following:
(1) a statement of the completed and
				  remaining work;
(2) a statement
				  that there has been no change of plans since the issuance of the original
				  permit other than changes that would have the effect of reducing the scope of
				  the project, or previously approved permit modifications;
(3) notice of any change in ownership of the
				  property to be developed and a request for transfer of the permit;
				  and
(4) a statement that the
				  project is in compliance with all conditions of the current permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0400 - FINAL APPROVAL AND ENFORCEMENT › Section 07J .0405 - PERMIT MODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A permit holder
				  may modify their permitted major development and/or dredge and fill project
				  only after approval by the Division of Coastal Management. In order to modify a
				  permitted project the permit holder shall make a written request to the
				  Division of Coastal Management showing the proposed modifications. Minor
				  modifications may be shown on the existing approved application and plat.
				  Modification requests which, in the opinion of the Division of Coastal
				  Management are major shall require a new application. Modification requests are
				  subject to the same processing procedure applicable to original permit
				  applications. A permit need not be circulated to all agencies commenting on the
				  original application if the Commission determines that the modification is so
				  minor that circulation would serve no purpose.
(b) Modifications to a permitted project that
				  are imposed or made at the request of the U.S. Army Corps of Engineers or other
				  federal agencies shall be approved by the Division of Coastal Management under
				  provisions of this Rule dealing with permit modification procedures.
(c) Modifications of projects for the benefit
				  of private waterfront property owners that meet the following criteria shall be
				  considered minor modifications and shall not require a new permit application,
				  but shall be approved under the provisions of Paragraph (a) of this Rule:
(1) for bulkheads:
(A) bulkhead shall be positioned so as not to
				  extend more than an average distance of two feet waterward of the mean high
				  water and in no place shall the bulkhead be more than five feet waterward of
				  the mean high water contour;
(B)
				  all backfill must come from an upland source;
(C) no marsh area may be excavated or
				  filled;
(D) work must be undertaken
				  because of the necessity to prevent loss of private residential property due to
				  erosion;
(E) the bulkhead must be
				  constructed prior to any backfilling activities;
(F) the bulkhead must be constructed so as to
				  prevent seepages of backfill materials through the bulkhead; and
(G) the bulkhead may not be constructed in
				  the Ocean Hazard AEC;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0400 - FINAL APPROVAL AND ENFORCEMENT › Section 07J .0406 - PERMIT ISSUANCE AND TRANSFER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  the approval of an application and the issuance of the permit, the permit shall
				  be delivered to the applicant, or to any person designated by the applicant to
				  receive the permit, by hand, first class mail or any means.
(b) Anyone holding a permit shall not assign,
				  transfer, sell, or otherwise dispose of a permit to a third party, unless
				  approval is granted by the Director of the Division of Coastal Management
				  pursuant to Paragraph (c) of this Rule.
(c) A permit may be transferred to a new
				  party at the discretion of the Director of the Division of Coastal Management
				  upon finding each of the following:
(1) a
				  written request from the new owner or developer of the involved
				  properties;
(2) a deed, a sale,
				  lease, or option to the proposed new party showing the proposed new party as
				  having the sole legal right to develop the project;
(3) that the applicant transferee will use
				  the permit for the purposes for which it was issued;
(4) no change in conditions, circumstances,
				  or facts affecting the project;
(5)
				  no change or modification of the project as proposed in the original
				  application.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0400 - FINAL APPROVAL AND ENFORCEMENT › Section 07J .0407 - PROJECT MAINTENANCE: MAJOR DEVELOPMENT/DREDGE AND FILL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No project previously requiring a major
				  development or dredge and fill permit shall be maintained after the expiration
				  of the authorized development period without approval from the Division of
				  Coastal Management. Permits may contain provisions that allow the applicant to
				  maintain the project after its completion. Persons wishing to maintain a
				  project beyond the development period and whose permit contains no maintenance
				  provision shall apply for a maintenance permit. This Rule does not apply to
				  maintenance required by rule or by permit condition.
(b) Maintenance Request. Persons desiring to
				  initiate maintenance work on a project pursuant to the maintenance provisions
				  of an existing permit shall file a request two weeks prior to the initiation of
				  maintenance work with:
Department of Environmental Quality
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
(c) Such requests shall include:
(1) the name and address of the
				  permittee;
(2) the number of the
				  original permit;
(3) a description
				  of proposed changes;
(4) in the
				  case of a dredge and fill maintenance request, a statement that no dimensional
				  changes are proposed;
(5) a copy of
				  the original permit plat with cross-hatching indicating the area to be
				  maintained, any area to be used as spoil, and the estimated amount of material
				  to be removed; and
(6) the date of
				  map revision and the applicant's signature shown anew on the original
				  plat.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0400 - FINAL APPROVAL AND ENFORCEMENT › Section 07J .0408 - REPEALED - VIOLATION OF A PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-126;
Eff. March 15,
					 1978;
Amended Eff. January 25, 1980;
Repealed Eff.
					 August 1, 1989.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0400 - FINAL APPROVAL AND ENFORCEMENT › Section 07J .0409 - CIVIL PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Purpose and
				  Scope. This Rule provides the procedures and standards governing the
				  assessment, remission, settlement, and appeal of civil penalties assessed by
				  the Coastal Resources Commission and the Director pursuant to
				  G.S.
				  113A-126(d).
(b) Definitions. The terms used in this Rule
				  shall be as defined in
				  G.S.
				  113A-103 and as follows:
(1) "Act" means the Coastal Area Management
				  Act of 1974,
				  G.S.
				  113A-100 through 134.
(2) "Delegate" means the Director or other
				  employees of the Division of Coastal Management, or local permit officers to
				  whom the Commission has delegated authority to act pursuant to this
				  Rule.
(3) "Director" means the
				  Director, Division of Coastal Management.
(4) "Respondent" means the person to whom a
				  notice of violation has been issued or against whom a penalty has been
				  assessed.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0400 - FINAL APPROVAL AND ENFORCEMENT › Section 07J .0410 - RESTORATION/MITIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
Any violation involving development that is inconsistent
					 with rules for development within AECs, i.e. wetland fill, improper location of
					 a structure, shall result in a notice of restoration from the Secretary or its
					 delegate or a local government. The notice shall describe the extent of
					 restoration necessary to recover lost resources, or to prevent further resource
					 damage and a time for its completion. Failure to complete the restoration
					 described in the notice may result in a court order as described in
					 G.S.
					 113-126(a) and (b). Failure
					 to act to complete the required restoration may be determined to constitute a
					 separate violation, according to
					 G.S.
					 113-126(d)(2), subject to
					 the penalties in Rule .0409 of this Section. Any resources that cannot be
					 recovered by restoration of the affected site shall be replaced in compliance
					 with the goals of the Commission's mitigation policy described in
					 15A NCAC
					 07M .0701.
Authority
					 G.S.
					 113A-126;
					 113A-124(c);
					 113A-124(c)(8);
Eff. July 1, 1985;
Readopted Eff. August 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0500 - GENERAL PERMITS › Section 07J .0501 - EXPIRED - DEVELOPMENT INITIATED PRIOR TO MARCH 1, 1978

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-118.1;
Eff. April 12,
					 1978;
Amended Eff. December 1, 1991;
Expired Eff. April
					 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0500 - GENERAL PERMITS › Section 07J .0502 - REPEALED - UNCONTESTED PERMIT APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-124(c)(5);
Eff. April 12, 1978;
Amended Eff. September 11, 1978;
Repealed Eff. September 6, 1979.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0600 - DECLARATORY RULINGS AND PETITIONS FOR RULEMAKING › Section 07J .0601 - DECLARATORY RULINGS: GENERALLY

Current through Register Vol. 39, No. 2, July 15, 2024
At the request of any person aggrieved, as defined in
					 G.S.
					 150B-2(6), the Coastal
					 Resources Commission may issue a declaratory ruling as provided in
					 G.S.
					 150B-4.
Authority
					 G.S.
					 113A-124;
					 150B-4;
Eff. June 1,
					 1979;
Amended Eff. October 1, 1992; October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.