North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0200 - THE ESTUARINE AND OCEAN SYSTEMS › Section 07H .0206 - ESTUARINE WATERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Definition.
				  "Estuarine Waters" are defined in
				  G.S.
				  113A-113(b)(2) to include
				  all the waters of the Atlantic Ocean within the boundary of North Carolina and
				  all the waters of the bays, sounds, rivers and tributaries thereto seaward of
				  the dividing line between coastal fishing waters and inland fishing waters. The
				  boundaries between inland and coastal fishing waters are set forth in an
				  agreement adopted by the Wildlife Resources Commission and the Department of
				  Environment and Natural Resources and in the most current revision of the North
				  Carolina Marine Fisheries Regulations for Coastal Waters, codified at
				  15A NCAC
				  03Q .0200.
(b) Significance. Estuarine waters are the
				  dominant component and bonding element of the entire estuarine and ocean
				  system, integrating aquatic influences from both the land and the sea.
				  Estuaries are among the most productive natural environments of North Carolina.
				  They support the valuable commercial and sports fisheries of the coastal area
				  which are comprised of estuarine dependent species such as menhaden, flounder,
				  shrimp, crabs, and oysters. These species must spend all or some part of their
				  life cycle within the estuarine waters to mature and reproduce. Of the 10
				  leading species in the commercial catch, all but one are dependent on the
				  estuary.
This high productivity associated with the estuary results
					 from its unique circulation patterns caused by tidal energy, fresh water flow,
					 and shallow depth; nutrient trapping mechanisms; and protection to the many
					 organisms. The circulation of estuarine waters transports nutrients, propels
					 plankton, spreads seed stages of fish and shellfish, flushes wastes from animal
					 and plant life, cleanses the system of pollutants, controls salinity, shifts
					 sediments, and mixes the water to create a multitude of habitats. Some
					 important features of the estuary include mud and sand flats, eel grass beds,
					 salt marshes, submerged vegetation flats, clam and oyster beds, and important
					 nursery areas.
Secondary benefits include the stimulation of the coastal
					 economy from the spin off operations required to service commercial and sports
					 fisheries, waterfowl hunting, marinas, boatyards, repairs and supplies,
					 processing operations, and tourist related industries. In addition, there is
					 considerable nonmonetary value associated with aesthetics, recreation, and
					 education.
(c) Management
				  Objective. To conserve and manage the important features of estuarine waters so
				  as to safeguard and perpetuate their biological, social, aesthetic, and
				  economic values; to coordinate and establish a management system capable of
				  conserving and utilizing estuarine waters so as to maximize their benefits to
				  man and the estuarine and ocean system.
(d) Use Standards. Suitable land and water
				  uses shall be those consistent with the management objectives in this Rule.
				  Highest priority of use shall be allocated to the conservation of estuarine
				  waters and their vital components. Second priority of estuarine waters use
				  shall be given to those types of development activities that require water
				  access and use which cannot function elsewhere such as simple access channels;
				  structures to prevent erosion; navigation channels; boat docks, marinas, piers,
				  wharfs, and mooring pilings.
In every instance, the particular location, use, and design
					 characteristics shall be in accord with the general use standards for coastal
					 wetlands, estuarine waters, and public trust areas described in Rule .0208 of
					 this Section.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b)(2);
					 113A-124;
Eff.
					 September 9, 1977;
Amended Eff. August 1, 1998; October 1, 1993;
					 November 1, 1991; May 1, 1990; October 1, 1988;
Readopted Eff. July
					 1, 2020.