North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0200 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MAJOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0209 - EXEMPTION / ACCESSORY USES / MAINTENANCE REPAIR / REPLACEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Accessory buildings customarily incident
				  to an existing structure are excluded from the definition of development if the
				  work does not involve filling, excavation, or the alteration of any sand dune
				  or beach as set out in
				  G.S.
				  113A-103(5)(b)(6). Accessory
				  buildings are subordinate in size and purpose to the principal structure and do
				  not require, or consist of the expansion of the existing structure as defined
				  by an increase in footprint or total floor area of the existing structure. A
				  building with a footprint of 100 square feet or less is considered an accessory
				  building as long as it is customarily incident to and subordinate in size and
				  purpose to the principal structure. Buildings of a larger size may be
				  considered accessory buildings if necessary for customary use.
(b) Accessory uses as described in Paragraph
				  (a) of this Rule and that are required to support the existing dominant use,
				  but not within the exclusion set out in
				  G.S.
				  113A-103(5)(b)(6) and that
				  require no plumbing, electrical, or other service connections and do not exceed
				  200 square feet are exempt from the CAMA minor development permit requirement
				  if they meet the criteria set out in Paragraph (d) of this Rule.
(c) Any structure, or part thereof,
				  consistent with this Chapter may be maintained, repaired, or replaced, in a
				  similar size and location as the existing structure without requiring a permit,
				  unless the repair or replacement would be in violation of the criteria set out
				  in Paragraph (d) of this Rule. This exemption applies to those projects that
				  are not within the exclusion for maintenance and repairs as set out in
				  G.S.
				  113A-103(5)(b)(6), Rule
				  .0103 of this Subchapter and Rule 07J .0210.
(d) In order to be eligible for the
				  exemptions described in Paragraphs (b) and (c), of this Rule, the proposed
				  development activity must meet the following criteria:
(1) the development must not disturb a land
				  area of greater than 200 square feet on a slope of greater than 10
				  percent;
(2) the development must
				  not involve removal, damage, or destruction of threatened or endangered animal
				  or plant species;
(3) the
				  development must not alter naturally or artificially created surface drainage
				  channels;
(4) the development must
				  not alter the land form or vegetation of a frontal dune;
(5) the development must not be within 30
				  feet of normal water level or normal high water level; and
(6) the development must be consistent with
				  all applicable use standards and local land use plans in effect at the time the
				  exemption is granted.