North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2200 - GENERAL PERMIT FOR CONSTRUCTION OF FREESTANDING MOORINGS AND BIRD NESTING POLES IN ESTUARINE WATERS AND PUBLIC TRUST AREAS AND OCEAN HAZARD AREAS › Section 07H .2205 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Freestanding
				  moorings and bird nesting poles may be located up to a maximum of 400 feet from
				  the mean high water line or the normal water line.
(b) Freestanding moorings in no case shall
				  extend more than 1/4 the width of a natural water body or man-made canal or
				  basin.
(c) Freestanding mooring
				  buoys and piles shall be evaluated based upon the arc of the swing including
				  the vessel to be moored. Moorings and the attached vessel shall not interfere
				  with the access to any riparian property, and shall have a minimum setback of
				  15 feet from the adjacent property lines extended into the water at the points
				  that they intersect the shoreline. The minimum setbacks provided in this Rule
				  may be waived by the written agreement of the adjacent riparian owner(s), or
				  when two adjoining riparian owners are co-applicants. Should the adjacent
				  property be sold before construction commences, the applicant shall obtain a
				  written agreement with the new owner waiving the minimum setback and submit it
				  to the Division of Coastal Management prior to initiating any development of
				  freestanding moorings. The line of division of areas of riparian access shall
				  be established by drawing a line along the channel or deep water in front of
				  the property, then drawing a line perpendicular to the line of the channel so
				  that it intersects with the shore at the point the upland property line meets
				  the water's edge.
(d) The total
				  number of docking or mooring facilities to be authorized by this General Permit
				  shall not exceed two per property.
(e) Bird nesting poles shall be limited to
				  one per property. Any proposal to change the location of a permitted bird
				  nesting pole shall require additional authorization from the Division of
				  Coastal Management.
(f)
				  Freestanding moorings and bird nesting poles shall not interfere with shellfish
				  franchises or leases. Applicants for authorization to construct freestanding
				  moorings and bird nesting poles shall provide notice of the permit application
				  to the owner of any part of a shellfish franchise or lease over which the
				  proposed installation would extend.
(g) Freestanding moorings shall not be
				  constructed in a designated Primary Nursery Area as defined in
				  15A NCAC
				  07H .0208(a)(4) with less
				  than two feet of water at normal low water level or normal water level under
				  the General Permit set forth in this Section without prior approval from the
				  Division of Marine Fisheries or the Wildlife Resources Commission.
(h) Freestanding moorings located over
				  shellfish beds or submerged aquatic vegetation as defined by the Marine
				  Fisheries Commission may be constructed without prior consultation from the
				  Division of Marine Fisheries or the Wildlife Resources Commission if the
				  following two conditions are met:
(1) water
				  depth at the freestanding mooring location is equal to or greater than two feet
				  of water at normal low water level or normal water level; and
(2) the freestanding mooring is located to
				  minimize the area of submerged aquatic vegetation or shellfish beds impacted
				  under the structure as determined by the Division of Coastal
				  Management.