North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0300 - SHOREFRONT ACCESS POLICIES › Section 07M .0307 - PUBLIC BEACH AND COASTAL WATERFRONT ACCESS PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Division of Coastal Management (DCM) has primary responsibility for
				  administering the Public Beach and Coastal Waterfront Access Program. Subject
				  to the availability of funds, the DCM shall annually solicit pre-application
				  proposals from local governments and shall select competitive projects for
				  final application submittal. Projects from these final applications shall be
				  selected for funding based on criteria in Paragraph (h) of this Rule.
(b) The DCM may use available funds on a
				  non-competitive basis to plan for and provide public access through acquisition
				  and improvements. Prior to expending the funds, the DCM shall hold a public
				  meeting or hearing at a regularly scheduled meeting of the Coastal Resources
				  Commission (CRC) to discuss its proposal. Members of the public shall be
				  invited to comment to the CRC for 60 days prior to the expenditure of
				  non-competitive money by the DCM.
(c) Local governments have responsibility for
				  the selection of public access sites within their jurisdiction. Any local
				  government in the 20-county coastal region having ocean beaches or estuarine or
				  public trust waters within its jurisdiction may apply for access funds for the
				  acquisition and development of beach or coastal waterfront access
				  facilities.
(d) Prior to submitting
				  its final application for a Public Beach and Coastal Waterfront Access grant in
				  accordance with Paragraph (a) of this Rule the local government shall hold a
				  public meeting or hearing at a regularly scheduled meeting of the Commission to
				  discuss its proposal. The local government shall consider public comments prior
				  to its decision to apply for funds from the State.
(e) Eligible projects include:
(1) land acquisition, including acquisition
				  of unbuildable lots as described in
				  G.S.
				  113A-134.3(a);
(2) development of improvements at new or
				  existing sites that provide public access, such as dune crossovers, piers,
				  boardwalks, parking areas, restrooms, showers, benches, litter receptacles, and
				  bicycle racks;
(3) development of
				  improvements to public access at deteriorating urban waterfronts. Such projects
				  include the establishment or rehabilitation of boardwalk areas, shoreline
				  stabilization measures such as the installation or rehabilitation of bulkheads,
				  and the placement or removal of pilings for the purpose of public safety and
				  increased access and use of the urban waterfront;
(4) reconstruction, replacement, or
				  relocation of existing, damaged facilities;
(5) offsite parking areas servicing access
				  sites within the local government's jurisdiction;
(6) boat ramps and canoe/kayak launch areas
				  provided that the public access facility incorporates pedestrian access to
				  coastal waters; or
(7) maintenance
				  of previously funded access sites. This project category is available only to
				  Tier 1 communities. Such projects include repair and maintenance of access site
				  facilities and amenities to ensure public health and safety. Repair and
				  maintenance does not include activities such as trash removal, grounds keeping,
				  or custodial services, or local government staff salaries.