North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0300 - OCEAN HAZARD AREAS › Section 07H .0306 - GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order to
				  protect life and property, all development not otherwise specifically exempted
				  or allowed by law or elsewhere in the Coastal Resources Commission's rules
				  shall be located according to whichever of the following is applicable:
(1) The ocean hazard setback for development
				  shall be measured in a landward direction from the vegetation line, the
				  pre-project vegetation line, or the measurement line, whichever is
				  applicable.
(2) The ocean hazard
				  setback shall be determined by both the size of development and the shoreline
				  long term erosion rate as defined in Rule .0304 of this Section. "Development
				  size" is defined by total floor area for structures and buildings or total area
				  of footprint for development other than structures and buildings. Total floor
				  area includes the following:
(A) The total
				  square footage of heated or air-conditioned living space;
(B) The total square footage of parking
				  elevated above ground level; and
(C) The total square footage of non-heated or
				  non-air-conditioned areas elevated above ground level, excluding attic space
				  that is not designed to be load-bearing.
Decks, roof-covered porches, and walkways shall not be
					 included in the total floor area unless they are enclosed with material other
					 than screen mesh or are being converted into an enclosed space with material
					 other than screen mesh.
(3) With the exception of those types of
				  development defined in
				  15A NCAC
				  07H .0309(a), no
				  development, including any portion of a building or structure, shall extend
				  oceanward of the ocean hazard setback. This includes roof overhangs and
				  elevated structural components that are cantilevered, knee braced, or otherwise
				  extended beyond the support of pilings or footings. The ocean hazard setback
				  shall be established based on the following criteria:
(A) A building or other structure less than
				  5,000 square feet requires a minimum setback of 60 feet or 30 times the
				  shoreline erosion rate, whichever is greater;
(B) A building or other structure greater
				  than or equal to 5,000 square feet but less than 10,000 square feet requires a
				  minimum setback of 120 feet or 60 times the shoreline erosion rate, whichever
				  is greater;
(C) A building or other
				  structure greater than or equal to 10,000 square feet but less than 20,000
				  square feet requires a minimum setback of 130 feet or 65 times the shoreline
				  erosion rate, whichever is greater;
(D) A building or other structure greater
				  than or equal to 20,000 square feet but less than 40,000 square feet requires a
				  minimum setback of 140 feet or 70 times the shoreline erosion rate, whichever
				  is greater;
(E) A building or other
				  structure greater than or equal to 40,000 square feet but less than 60,000
				  square feet requires a minimum setback of 150 feet or 75 times the shoreline
				  erosion rate, whichever is greater;
(F) A building or other structure greater
				  than or equal to 60,000 square feet but less than 80,000 square feet requires a
				  minimum setback of 160 feet or 80 times the shoreline erosion rate, whichever
				  is greater;
(G) A building or other
				  structure greater than or equal to 80,000 square feet but less than 100,000
				  square feet requires a minimum setback of 170 feet or 85 times the shoreline
				  erosion rate, whichever is greater;
(H) A building or other structure greater
				  than or equal to 100,000 square feet requires a minimum setback of 180 feet or
				  90 times the shoreline erosion rate, whichever is greater;
(I) Infrastructure that is linear in nature,
				  such as roads, bridges, pedestrian access such as boardwalks and sidewalks, and
				  utilities providing for the transmission of electricity, water, telephone,
				  cable television, data, storm water, and sewer requires a minimum setback of 60
				  feet or 30 times the shoreline erosion rate, whichever is greater;
(J) Parking lots greater than or equal to
				  5,000 square feet require a setback of 120 feet or 60 times the shoreline
				  erosion rate, whichever is greater;
(K) Notwithstanding any other setback
				  requirement of this Subparagraph, construction of a new building or other
				  structure greater than or equal to 5,000 square feet in a community with an
				  unexpired static line exception or Beach Management Plan approved by the
				  Commission in accordance with
				  15A NCAC
				  07J .1200 requires a minimum setback of 120
				  feet or 60 times the shoreline erosion rate in place at the time of permit
				  issuance, whichever is greater. The setback shall be measured landward from
				  either the vegetation line or measurement line, whichever is farthest landward;
				  and
(L) Notwithstanding any other
				  setback requirement of this Subparagraph, replacement of a structure with a
				  total floor area no greater than 10,000 square feet shall be allowed provided
				  that the structure meets the following criteria:
(i) the structure is in a community with an
				  unexpired static line exception, Beach Management Plan approved by the
				  Commission, or was originally constructed prior to August 11, 2009;
(ii) the structure as replaced does not
				  exceed the original footprint or square footage;
(iii) it is not possible for the structure to
				  be rebuilt in a location that meets the ocean hazard setback criteria required
				  under Subparagraph (a)(5) of this Rule;
(iv) the structure as replaced meets the
				  minimum setback required under Part (a)(5)(A) of this Rule; a minimum setback
				  of 60 feet or 30 times the shoreline erosion rate, whichever is greater;
				  and
(v) the structure is rebuilt as
				  far landward on the lot as feasible.
(4) If a primary dune exists in the AEC, on
				  or landward of the lot where the development is proposed, the development shall
				  be landward of the applicable ocean hazard setback and the crest of the primary
				  dune. For existing lots where setting the development landward of the crest of
				  the primary dune would preclude any practical use of the lot, development may
				  be located oceanward of the primary dune. In such cases, the development may be
				  located landward of the ocean hazard setback, and shall not be located on or
				  oceanward of a frontal dune. For the purposes of this Rule, "existing lots"
				  shall mean a lot or tract of land that, as of June 1, 1979, is specifically
				  described in a recorded plat and cannot be enlarged by combining the lot or
				  tract of land with a contiguous lot or tract of land under the same
				  ownership.
(5) If no primary dune
				  exists, but a frontal dune does exist in the AEC on or landward of the lot
				  where the development is proposed, the development shall be set landward of the
				  frontal dune or ocean hazard setback, whichever is farthest from the vegetation
				  line, pre-project vegetation line, or measurement line, whichever is
				  applicable.
(6) Structural
				  additions or increases in the footprint or total floor area of a building or
				  structure represent expansions to the total floor area and shall meet the
				  setback requirements established in this Rule and
				  15A NCAC
				  07H .0309(a). New
				  development landward of the applicable setback may be cosmetically but not be
				  structurally attached to an existing structure that does not conform with
				  current setback requirements.
(7)
				  Established common law and statutory public rights of access to and use of
				  public trust lands and waters in ocean hazard areas shall not be eliminated or
				  restricted, nor shall such development increase the risk of damage to public
				  trust areas. Development shall not encroach upon public accessways, nor shall
				  it limit the intended use of the accessways.
(8) Development setbacks in areas that have
				  received large-scale beach fill as defined in
				  15A NCAC
				  07H .0305 shall be measured landward from the
				  pre-project vegetation line as defined in this Section, unless an unexpired
				  static line exception or Beach Management Plan approved by the Commission has
				  been approved for the local jurisdiction by the Coastal Resources Commission in
				  accordance with
				  15A NCAC
				  07J .1200.
(9) A local government, group of local
				  governments involved in a regional beach fill project, or qualified "owners'
				  association" as defined in
				  G.S.
				  47F-1-103(3) that has the
				  authority to approve the locations of structures on lots within the territorial
				  jurisdiction of the association and has jurisdiction over at least one mile of
				  ocean shoreline, may petition the Coastal Resources Commission for approval of
				  a "Beach Management Plan" in accordance with
				  15A NCAC
				  07J .1200. If the request for a Beach
				  Management Plan is approved, the Coastal Resources Commission shall allow
				  development setbacks to be measured from a vegetation line that is oceanward of
				  the pre-project vegetation line under the following conditions:
(A) Development meets all setback
				  requirements from the vegetation line defined in Subparagraphs (a)(1) and
				  (a)(3) of this Rule;
(B)
				  Development setbacks shall be calculated from the shoreline erosion rate in
				  place at the time of permit issuance;
(C) No portion of a building or structure,
				  including roof overhangs and elevated portions that are cantilevered, knee
				  braced, or otherwise extended beyond the support of pilings or footings,
				  extends oceanward of the landward-most adjacent habitable building or
				  structure. The alignment shall be measured from the most oceanward point of the
				  adjacent building or structure's roof line, including roofed decks, if
				  applicable. An "adjacent" property is one that shares a boundary line with the
				  site of the proposed development. When no adjacent buildings or structures
				  exist, or the configuration of a lot, street, or shoreline precludes the
				  placement of a building or structure in line with the landward-most adjacent
				  building or structure, an average line of construction shall be determined by
				  the Director of the Division of Coastal Management based on an approximation of
				  the average seaward-most positions of the rooflines of adjacent structures
				  along the same shoreline, extending 500 feet in either direction. If no
				  structures exist within this distance, the proposed structure must meet the
				  applicable setback from the Vegetation Line and will not be held to the
				  landward-most adjacent structure or an average line of structures.
(D) With the exception of swimming pools, the
				  exceptions defined in Rule .0309(a) of this Section shall be allowed oceanward
				  of the pre-project vegetation line.