reglab/statecodes huggingface dataset:
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 .0309 - USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  following types of development shall be permitted seaward of the oceanfront
				  setback requirements of Rule .0306(a) of this Section if all other provisions
				  of this Subchapter and other state and local regulations are met:
(1) campsites;
(2) driveways and parking areas with clay,
				  packed sand, or gravel;
(3)
				  elevated decks not exceeding a footprint of 500 square feet. Existing decks
				  exceeding a footprint of 500 square feet may be replaced with no enlargement
				  beyond their original dimensions;
(4) beach accessways consistent with Rule
				  .0308(c) of this Section;
(5)
				  unenclosed, uninhabitable gazebos with a footprint of 200 square feet or
				  less;
(6) uninhabitable,
				  single-story storage sheds with a foundation or floor consisting of wood, clay,
				  packed sand or gravel, and a footprint of 200 square feet or less;
(7) temporary amusement stands consistent
				  with Section .1900 of this Subchapter;
(8) sand fences;
(9) swimming pools; and
(10) fill not associated with dune creation
				  that is obtained from an upland source and is of the same general
				  characteristics as the sand in the area in which it is to be placed.
In all cases, this development shall be permitted only if
					 it is landward of the vegetation line or pre-project vegetation line, whichever
					 is applicable; involves no alteration or removal of primary or frontal dunes
					 which would compromise the integrity of the dune as a protective landform or
					 the dune vegetation; is not essential to the continued existence or use of an
					 associated principal development; and meets all other non-setback requirements
					 of this Subchapter.
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 .0310 - USE STANDARDS FOR INLET HAZARD AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Inlet
				  Hazard Areas of Environmental Concern as defined by Rule .0304 of this Section
				  are subject to inlet migration, rapid and severe changes in watercourses,
				  flooding and strong tides. Due to the extremely hazardous nature of the Inlet
				  Hazard Areas, all development within these areas shall be permitted in
				  accordance with the following standards:
(1)
				  All development in the inlet hazard area shall be set back from the vegetation
				  line a distance equal to the setback required in the adjacent ocean hazard
				  area;
(2) Permanent structures
				  shall be permitted at a density of no more than one commercial or residential
				  unit per 15,000 square feet of land area on lots subdivided or created after
				  July 23, 1981;
(3) Only residential
				  structures of four units or less or non-residential structures of less than
				  5,000 square feet total floor area shall be allowed within the inlet hazard
				  area, except that access roads to those areas and maintenance and replacement
				  of existing bridges shall be allowed;
(4) Established common-law and statutory
				  public rights of access to the public trust lands and waters in Inlet Hazard
				  Areas shall not be eliminated or restricted. Development shall not encroach
				  upon public accessways nor shall it limit the intended use of the accessways;
				  and
(5) All other rules in this
				  Subchapter pertaining to development in the ocean hazard areas shall be applied
				  to development within the Inlet Hazard Areas.
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 .0311 - INSTALLATION AND MAINTENANCE OF SAND FENCING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Sand
				  fencing may only be installed for the purpose of building sand dunes by
				  trapping windblown sand, for the protection of the dune(s) and vegetation
				  (planted or existing).
(b) Sand
				  fencing shall not impede existing public access to the beach, recreational use
				  of the beach, or emergency vehicle access. Sand fencing shall not be installed
				  in a manner that impedes or restricts established common law and statutory
				  rights of public access and use of public trust lands and waters.
(c) Sand fencing shall not be installed in a
				  manner that impedes, traps or otherwise endangers sea turtles, sea turtle nests
				  or sea turtle hatchlings. CAMA permit applications for sand fencing shall be
				  subject to review by the Wildlife Resources Commission and the U.S. Fish and
				  Wildlife Service in order to determine whether or not the proposed design or
				  installation will have an adverse impact on sea turtles or other threatened or
				  endangered species.
(d)
				  Non-functioning, damaged, or unsecured sand fencing shall be removed by the
				  property owner.
(e) Sand fencing
				  shall not be placed on the wet sand beach area.
Authority
					 G.S.
					 113A-107;
					 113A-113(b)(6);
Eff. August 1, 2002;
Readopted Eff. December 1,
					 2020.
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 .0313 - USE STANDARDS FOR STATE PORTS INLET MANAGEMENT AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Development within State Ports Inlet Management Areas are defined by Rule .0304
				  of this Section in accordance with the standards in this Rule.
(b) All development in the State Ports Inlet
				  Management Areas shall be set back from the first line of stable and natural
				  vegetation, static vegetation line, or measurement line at a distance in
				  accordance with Rule .0305(a)(5) of this Section, except for development
				  exempted under Rule .0309 of this Section.
(c) Notwithstanding the use standards for
				  temporary erosion control structures described in Rule .0308(a)(2) of this
				  Section, a local government or State government agencies may apply for a permit
				  to seek protection of an imminently threatened frontal or primary dune, public
				  and private structures and infrastructure within a State Ports Inlet Management
				  Area. For the purpose of this Rule, a frontal or primary dune, structure, or
				  infrastructure shall be considered imminently threatened in a State Ports Inlet
				  Management Area if:
(1) its foundation,
				  septic system, right-of-way in the case of roads, or waterward toe of the dune
				  is less than 20 feet away from the erosion scarp;
(2) site conditions, such as flat beach
				  profile or accelerated erosion, increase the risk of imminent damage to the
				  structure as determined by the Director of the Division of Coastal
				  Management;
(3) the frontal or
				  primary dune or infrastructure will be imminently threatened within six months
				  as certified by persons meeting all applicable State occupational licensing
				  requirements; or
(4) the rate of
				  erosion from the erosion scarp or shoreline within 100 feet of the
				  infrastructure, structure, frontal or primary dune was greater than 20 feet
				  over the preceding 30 days.
Permit applications to protect property where no structures
					 are imminently threatened require consultation with the US Army Corps of
					 Engineers.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0400 - PUBLIC WATER SUPPLIES › Section 07H .0401 - PUBLIC WATER SUPPLY CATEGORIES

Current through Register Vol. 39, No. 2, July 15, 2024
Public water supply AECs include the following categories:
					 valuable small surface water supply watersheds and public water supply well
					 fields.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b)(3)a;
					 113A-124;
Eff.
					 September 9, 1977;
Readopted Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0400 - PUBLIC WATER SUPPLIES › Section 07H .0402 - SIGNIFICANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) These
				  vulnerable, critical water supplies, if degraded, could adversely affect public
				  health or require substantial monetary outlays by affected communities for
				  alternative water source development.
(b) Uncontrolled development within the
				  designated boundaries of a watershed or well field site could cause significant
				  changes in runoff patterns or water withdrawal rates that may adversely affect
				  the quantity and quality of the raw water supply. Also, incompatible
				  development could adversely affect water quality by introducing a wide variety
				  of pollutants from homes, businesses, or industries, either through subsurface
				  discharge, surface runoff, or seepage into the vulnerable water
				  supply.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b)(3)a;
					 113A-124;
Eff.
					 September 9, 1977;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0400 - PUBLIC WATER SUPPLIES › Section 07H .0403 - MANAGEMENT OBJECTIVE FOR PUBLIC WATER SUPPLIES

Current through Register Vol. 39, No. 2, July 15, 2024
The CRC objective in regulating development within critical
					 water supply areas is the protection and preservation of public water supply
					 well fields and A-II streams and to coordinate and establish a management
					 system capable of maintaining public water supplies so as to perpetuate their
					 values to the public health, safety, and welfare.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b)(3)a;
					 113A-124;
Eff.
					 September 9, 1977;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0400 - PUBLIC WATER SUPPLIES › Section 07H .0404 - REPEALED - AECS WITHIN PUBLIC WATER SUPPLIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b)(3)a;
					 113A-124;
Eff.
					 September 9, 1977;
Amended Eff. May 1, 1990; November 1, 1984;
					 January 24, 1978;
Repealed Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0400 - PUBLIC WATER SUPPLIES › Section 07H .0405 - SMALL SURFACE WATER SUPPLY WATERSHEDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Description. Small surface water supply watersheds are catchment areas situated
				  only within the coastal area which contain a water body classified as WS-III by
				  the Environmental Management Commission. These bodies of water serve as supply
				  for drinking, culinary, or food processing purposes.
(b) Use Standards. The CRC or local
				  permitting officer shall approve a CAMA permit upon finding that the project is
				  in accord with the following standards:
(1)
				  Ground absorption sewage disposal systems shall be located a minimum of 100
				  feet from WS-III surface waters.
(2) A national pollution discharge
				  elimination system (NPDES) permit shall be secured if required.
(3) Land-disturbing activities including land
				  clearing, grading, and surfacing shall be in compliance with the mandatory
				  standards of
				  G.S.
				  113A-57.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0400 - PUBLIC WATER SUPPLIES › Section 07H .0406 - PUBLIC WATER SUPPLY WELL FIELDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Description. Public water supply well fields are areas of well-drained sands
				  that extend downward from the surface into the shallow ground water table that
				  supplies the public with potable water. These surficial well fields are
				  confined to a definable geographic area identified by the North Carolina
				  Department of Environmental Quality and can be found at
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=26f4e2b3140f4e58825e48781ccebf5e
.
(b) Use Standards. Development within these
				  AECs shall be consistent with the following standards:
(1) No ground absorption sewage disposal or
				  subsurface pollution injection systems shall be placed within the designated
				  AEC boundary except to replace systems existing as of July 24, 1987;
(2) Development shall not limit the quality
				  or quantity of the public water supply or the amount of rechargeable
				  water;
(3) The development shall
				  not cause salt water intrusion or result in the discharge of contaminants, as
				  defined in
				  15A NCAC
				  02L .0202, into standing or groundwater;
				  and
(4) Groundwater absorption
				  sewage treatment systems may also be used within the AEC boundary if the
				  following provisions are met:
(A) the system
				  is serving development on a lot that was platted as of July 24, 1987;
(B) there is no other viable method of waste
				  treatment for the permittable development of such lot;
(C) there is no space outside the boundaries
				  of the AEC on the lot upon which the treatment system could be located;
				  and
(D) the Environmental Health
				  Section of the North Carolina Department of Health and Human Services, prior to
				  the permit decision by the Division of Coastal Management under
				  G.S.
				  113A-118,
				  113A-119, and
				  113A-120, reviews and approves
				  the proposed system as complying with existing rules.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0500 - NATURAL AND CULTURAL RESOURCE AREAS › Section 07H .0501 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
The fourth and final group of AECs is gathered under the
					 heading of fragile coastal natural and cultural resource areas and is defined
					 as areas containing environmental, natural or cultural resources of more than
					 local significance in which uncontrolled or incompatible development could
					 result in major or irreversible damage to natural systems or cultural
					 resources, scientific, educational, or associative values, or aesthetic
					 qualities.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b)(4e) to
					 (b)(4g);
113A-124;
Eff. September 9, 1977;
Amended Eff. June 1,
					 1979.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0500 - NATURAL AND CULTURAL RESOURCE AREAS › Section 07H .0502 - SIGNIFICANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fragile coastal
				  natural resource areas are generally recognized to be of educational,
				  scientific, or cultural value because of the natural features of the particular
				  site. These features in the coastal area serve to distinguish the area
				  designated from the vast majority of coastal landscape and therein establish
				  its value. Such areas may be key components of systems unique to the coast
				  which act to maintain the integrity of that system.
(b) Areas that contain outstanding examples
				  of coastal processes or habitat areas of significance to the scientific or
				  educational communities are a second type of fragile coastal natural resource
				  area. These areas are essentially self-contained units or "closed systems"
				  minimally dependent upon adjoining areas.
(c) Finally, fragile areas may be
				  particularly important to a locale either in an aesthetic or cultural
				  sense.
(d) Fragile coastal cultural
				  resource areas are generally recognized to be of educational, associative,
				  scientific, aesthetic, or cultural value because of their special importance to
				  our understanding of past human settlement of and interaction with the coastal
				  zone. Their importance serves to distinguish the designated areas as
				  significant among the historic architectural or archaeological remains in the
				  coastal zone, and therein established their value.
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-113(b)(4e) to
					 (b)(4g);
					 113A-124;
Eff.
					 September 9, 1977;
Amended Eff. June 1,
					 1979.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0500 - NATURAL AND CULTURAL RESOURCE AREAS › Section 07H .0504 - AECS WITHIN CATEGORY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-113(b)(4)
					 e., f., g., and h.; 113A-124;
Eff. September 9, 1977;
Amended Eff. December 1, 1991; June 1, 1979;
RRC objection
					 September 16, 2022 and rule returned to agency on December 7,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0500 - NATURAL AND CULTURAL RESOURCE AREAS › Section 07H .0505 - COASTAL AREAS THAT SUSTAIN REMNANT SPECIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Description. Coastal areas that sustain remnant species are those areas that
				  support native plants or animals determined to be rare or endangered
				  (synonymous with threatened and endangered), within the coastal area. Such
				  places provide habitats necessary for the survival of existing populations or
				  communities of rare or endangered species within the coastal area.
				  Determination will be made by the Commission based upon the listing adopted by
				  the North Carolina Wildlife Resources Commission or the federal government
				  listing; upon written reports or testimony of experts indicating that a species
				  is rare or endangered within the coastal area; and upon consideration of
				  written testimony of local government officials, interest groups, and private
				  land owners.
(b) Significance. The
				  continued survival of certain habitats that support native plants and animals
				  in the coastal area is vital for the preservation of our natural heritage and
				  for the protection of natural diversity which is related to biological
				  stability. These habitats and the species they support provide a valuable
				  educational and scientific resource that cannot be duplicated.
(c) Management Objective. To protect unique
				  habitat conditions that are necessary to the continued survival of threatened
				  and endangered native plants and animals and to minimize land use impacts that
				  might jeopardize these conditions.
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-113(b)(4)f;
					 113A-124;
Eff.
					 September 9, 1977.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0500 - NATURAL AND CULTURAL RESOURCE AREAS › Section 07H .0507 - UNIQUE COASTAL GEOLOGIC FORMATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Description. Unique coastal geologic formations are defined as sites that
				  contain geologic formations that are unique or otherwise significant components
				  of coastal systems, or that are especially notable examples of geologic
				  formations or processes in the coastal area. Such areas will be evaluated by
				  the Commission after identification by the State Geologist.
(b) Significance. Unique coastal geologic
				  areas are important educational, scientific, or scenic resources that would be
				  jeopardized by uncontrolled or incompatible development.
(c) Management Objectives. The CRC's
				  objective is to preserve unique resources of more than local significance that
				  function as key physical components of natural systems, as important scientific
				  and educational sites, or as valuable scenic resources. Specific objectives for
				  each of these functions shall be related to the following policy statements
				  either singly or in combination:
(1) To ensure
				  that the designated geologic feature will be able to freely interact with other
				  components of the identified systems. These interactions are often the natural
				  forces acting to maintain the unique qualities of the site. The primary concern
				  is the relationship between the geologic feature and the accompanying
				  biological component associated with the feature. Other interactions which may
				  be of equal concern are those relating the geologic feature to other physical
				  components, specifically the relationship of the geologic feature to the
				  hydrologic elements; ground water and surface runoff.
(2) To ensure that the designated geologic
				  feature or process will be preserved for and be accessible to the scientific
				  and educational communities for related study purposes.
(3) To protect the values of the designated
				  geologic feature as expressed by the local government and citizenry. These
				  values should be related to the educational and aesthetic qualities of the
				  feature.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0500 - NATURAL AND CULTURAL RESOURCE AREAS › Section 07H .0508 - USE STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
Permits for development in designated fragile coastal
					 natural or cultural resource areas will be approved upon finding that:
(1) The proposed design and location will
				  cause no major or irreversible damage to the stated values of a particular
				  resource. One or more of the following values must be considered depending upon
				  the stated significance of the resource:
(a)
				  Development shall preserve the values of the individual resource as it
				  functions as a critical component of a natural system.
(b) Development shall not adversely affect
				  the values of the resource as a unique scientific, associative, or educational
				  resource.
(c) Development shall be
				  consistent with the aesthetic values of a resource as identified by the local
				  government and citizenry.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0500 - NATURAL AND CULTURAL RESOURCE AREAS › Section 07H .0509 - SIGNIFICANT COASTAL ARCHAEOLOGICAL RESOURCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Description. Significant coastal archaeological resources are defined as areas
				  that contain archaeological remains (objects, features, and/or sites) that have
				  more than local significance to history or prehistory. Such areas will be
				  evaluated by the North Carolina Historical Commission in consultation with the
				  Commission as part of the procedure set forth in Rule .0503 of this
				  Section.
(b) Significance.
				  Significant coastal archaeological resources are important educational,
				  scientific, or aesthetic resources. Such resources would be jeopardized by
				  uncontrolled or incompatible development. In general, significant
				  archaeological resources possess integrity of location, design, setting,
				  workmanship, materials, and association and:
(1) are associated with events that have made
				  a significant contribution to the broad patterns of history; or
(2) are associated with the lives of persons
				  significant in history; or
(3)
				  embody the distinctive characteristics of a type, period, or method of
				  construction, or represent a significant and distinguishable entity whose
				  components may lack individual distinction; or
(4) have yielded, or may be likely to yield,
				  information important in history or prehistory.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0500 - NATURAL AND CULTURAL RESOURCE AREAS › Section 07H .0510 - SIGNIFICANT COASTAL HISTORIC ARCHITECTURAL RESOURCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Description. Significant coastal historic
				  architectural resources are defined as districts, structures, buildings, sites
				  or objects that have more than local significance to history or architecture.
				  Such areas will be evaluated by the North Carolina Historical Commission in
				  consultation with the Commission as part of the procedure set forth in Rule
				  .0503 of this Section.
(b)
				  Significance. Significant coastal historic architectural resources are
				  important educational, scientific, associative, or aesthetic resources. Such
				  resources would be jeopardized by uncontrolled or incompatible development. In
				  general, significant historic architectural resources possess integrity of
				  design, setting, workmanship, materials, and association and:
(1) are associated with events that have made
				  a significant contribution to the broad patterns of history; or
(2) are associated with the lives of persons
				  significant in history; or
(3)
				  embody the distinctive characteristics of a type, period, or method of
				  construction, or represent a significant and distinguishable entity whose
				  components may lack individual distinction; or
(4) have yielded, or may be likely to yield,
				  information important in history.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECS › Section 07H .0601 - NO VIOLATION OF ANY RULE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-124;
Eff.
					 September 9, 1977;
RRC objection September 16, 2022 and rule
					 returned to agency on December 7, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECS › Section 07H .0602 - POLLUTION OF WATERS

Current through Register Vol. 39, No. 2, July 15, 2024
No development shall be allowed in any AEC which would have
					 a substantial likelihood of causing pollution of the waters of the state in
					 which shellfishing is an existing use to the extent that such waters would be
					 officially closed to the taking of shellfish. This rule shall also apply to
					 development adjacent to or within closed shellfish waters when a use
					 attainability study of those waters documents the presence of a significant
					 shellfish resource in an area that could be expected to be opened for
					 shellfishing given reasonable efforts to control the existing sources of
					 pollution.
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-124;
Eff.
					 September 9, 1977;
Amended Eff. July 1,
					 1987.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECS › Section 07H .0603 - MINIMUM ALTITUDES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-107(a),(b);
Eff. March 1, 1990;
RRC objection September 16, 2022 and rule
					 returned to agency on December 7, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECS › Section 07H .0604 - NOISE POLLUTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-107(a),(b);
Eff. March 1, 1990;
RRC objection September 16, 2022 and rule
					 returned to agency on December 7, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0700 - TECHNICAL APPENDIX 1: DEFINITIONS FOR PUBLIC TRUST AREAS › Section 07H .0701-0702

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-113(b)(5);
Eff. September 9, 1977;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0800 - TECHNICAL APPENDIX 2: OCEAN HAZARD AREAS › Section 07H .0801-0807

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-113(b)(6)a,(b)(6)b;
					 (b)(6)d;
Eff. September 9,
					 1977;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0900 - TECHNICAL APPENDIX 3: INLET LANDS › Section 07H .0901-0902

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-113(b)(6)d;
Eff. September 9, 1977;
Amended Eff. January 24, 1978;
Repealed Eff. September 15, 1979.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1000 - TECHNICAL APPENDIX 4: PUBLIC WATER SUPPLIES › Section 07H .1001-1003

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-113(a),(b)(3)a;
Eff. September 9, 1977;
Amended Eff. February 18, 1980;
Repealed Eff. November 1, 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND RIPRAP REVETMENTS FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
A permit for construction of bulkheads and riprap
					 revetments under this Section shall allow the construction of bulkheads and
					 riprap revetments for shoreline protection in the public trust waters and
					 estuarine waters AECs subject to the procedures outlined in Subchapter 07J,
					 Section .1100 and according to the Rules in this Section. This permit shall not
					 apply to shoreline protection along the oceanfront or to waters and shorelines
					 adjacent to the Ocean Hazard AEC with the exception of those shorelines that
					 feature characteristics of the Estuarine Shoreline AEC. Such features include
					 the presence of wetland vegetation, lower wave energy, and lower erosion rates
					 than the adjoining Ocean Erodible Area.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b);
					 113A-118.1;
					 113A-124;
					 113-229;
Eff. March
					 1, 1984;
Amended Eff. July 1, 2009; April 1, 2003;
Readopted Eff. April 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND RIPRAP REVETMENTS FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1102 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  for a General Permit under this Subchapter shall contact the Division of
				  Coastal Management and request approval for development.
(b) The applicant shall provide:
(1) provide site location, dimensions of the
				  project area, and the applicant's name and address, confirmation that the
				  applicant has obtained a written statement, signed by the adjacent riparian
				  property owners indicating that they have no objections to the proposed work;
				  or
(2) confirmation that the
				  applicant has notified adjacent riparian property owners by certified mail of
				  the proposed work. The notice shall instruct adjacent property owners to
				  provide written comments on the proposed development to DCM within 10 days of
				  receipt of the notice and indicate that no response shall be interpreted as no
				  objection. DCM shall review all comments and determine, based on their
				  relevance to the potential impacts of the proposed project, if the proposed
				  project can be approved by a General Permit. If DCM determines that the project
				  exceeds the guidelines established by the General Permit process provided in
				  15A NCAC
				  07J .1100, DCM shall notify the applicant
				  that an application for a major development permit shall be required.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND RIPRAP REVETMENTS FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1103 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall pay a permit fee of four hundred
					 dollars ($400.00) for riprap revetments. The applicant shall pay a permit fee
					 of four hundred dollars ($400.00) for bulkheads. Permit fees shall be paid by
					 check or money order payable to the Department of Environmental
					 Quality.
Authority
					 G.S.
					 113A-107;
					 113A-113(b);
					 113A-118.1;
					 113A-119;
					 113-119.1;
					 113A-124;
					 113-229;
Eff. March
					 1, 1984;
Amended Eff. October 5, 2009; September 1, 2006; August 1,
					 2000; March 1, 1991;
Readopted Eff. April 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND RIPRAP REVETMENTS FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1104 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This permit
				  authorizes only the construction of bulkheads and riprap revetments conforming
				  to the standards in this Section.
(b) Individuals shall allow authorized
				  representatives of the Department of Environmental Quality to make inspections
				  at any time in order to ensure that the activity being performed under
				  authority of this general permit is in accordance with the terms and conditions
				  prescribed herein.
(c) There shall
				  be no interference with the use of the waters by the public by the existence of
				  the bulkhead or the riprap revetment authorized herein. Bulkheads and riprap
				  revetments authorized in this Section shall not interfere with the established
				  or traditional rights of navigation of the waters by the public.
(d) This permit shall not be applicable to
				  proposed construction where the Division of Coastal Management has determined,
				  based on an initial review of the application, that notice and review pursuant
				  to G.S.
				  113A-119 is necessary because there are
				  unresolved questions concerning the proposed activity's impact on adjoining
				  properties or on water quality, air quality, coastal wetlands, cultural or
				  historic sites, wildlife, fisheries resources, or public trust
				  rights.
(e) This permit shall not
				  eliminate the need to obtain any other required State, local, or federal
				  authorization.
(f) Development
				  carried out under permit set forth in this Section shall be consistent with all
				  State, federal, local requirements, and local land use plans current at the
				  time of authorization.
Development carried out under the permit set forth in this
					 Section shall be consistent with all State, federal, local requirements, and
					 local land use plans current at the time of authorization.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b);
					 113A-118.1;
					 113A-124;
					 113-229;
Eff. March
					 1, 1984;
Amended Eff. May 1, 1990; December 1, 1987;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. July
					 1, 2009; August 1, 1998; July 1, 1994;
Readopted Eff. April 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND RIPRAP REVETMENTS FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1105 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Along
				  shorelines void of wetland vegetation:
(1)
				  New bulkheads shall have an average approximation of normal high water or
				  normal water level. The bulkhead position shall not exceed a distance of five
				  feet waterward of normal high water or normal water level at any point along
				  its alignment.
(2) New bulkheads or
				  riprap revetments on shorelines within manmade upland basins, canals, and
				  ditches, shall be positioned so as not to exceed an average distance of two
				  feet and maximum distance of five feet waterward of normal high water or normal
				  water level.
(3) When replacing an
				  existing bulkhead, the new alignment shall be positioned so as not to exceed a
				  maximum distance of two feet waterward of the current bulkhead alignment. To
				  tie into a like structure on the adjacent property, replacement bulkhead
				  position shall not exceed a maximum distance of five feet waterward of the
				  current bulkhead alignment. When replacing a bulkhead where lands landward of
				  the bulkhead were lost in the last year, bulkheads shall be positioned a
				  maximum of two feet waterward of the original or existing alignment.
(4) Riprap revetments shall be positioned so
				  as not to exceed a maximum distance of 10 feet waterward of the normal high
				  water or normal water level at any point along its alignment.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING FACILITIES: IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1201 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
A permit under this Section shall allow the construction of
					 piers and docking facilities, including pile supported or floating, in the
					 Estuarine and Public Trust Waters AECs and construction of piers and docks
					 within Coastal Wetland AECs according to the authority provided in Subchapter
					 07J .1100 and according to the rules in this Section. This permit shall not
					 apply to oceanfront shorelines or to waters and shorelines adjacent to the
					 Ocean Hazard AEC with the exception of those shorelines that feature
					 characteristics of the Estuarine Shoreline AEC. Such features include the
					 presence of wetland vegetation, lower wave energy, and lower erosion rates than
					 the adjacent Ocean Erodible Area.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b);
					 113A-118.1;
					 113A-124;
Eff. March
					 1, 1984;
Amended Eff. July 1, 2009; April 1, 2003;
Readopted Eff. December 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING FACILITIES: IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1202 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  for a General Permit under this Subchapter shall contact the Division of
				  Coastal Management and request approval for development.
(b) The applicant shall provide:
(1) the site location, dimensions of the
				  project area and name, and his or her address; and
(2) confirmation that a written statement has
				  been obtained signed by the adjacent riparian property owners indicating that
				  they have no objections to the proposed work; or
(3) confirmation that the adjacent riparian
				  property owners have been notified by certified mail of the proposed work. The
				  notice shall instruct adjacent property owners to provide any comments on the
				  proposed development in writing for consideration by permitting officials to
				  the Division of Coastal Management within 10 days of receipt of the notice and
				  indicate that no response will be interpreted as no objection. Division staff
				  shall review all comments and determine, based on their relevance to the
				  potential impacts of the proposed project, if the proposed project can be
				  approved by a General Permit. If Division staff finds that the comments are
				  worthy of more in-depth review, the Division shall notify the applicant that he
				  or she must submit an application for a major development permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING FACILITIES: IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1203 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall pay a permit fee of four hundred
					 dollars ($400.00) by check or money order payable to the Department of
					 Environmental Quality.
Authority
					 G.S.
					 113A-107;
					 113A-113(b);
					 113A-118.1;
					 113A-119;
					 113-119.1;
					 113A-124;
Eff. March
					 1, 1984;
Amended Eff. September 1, 2006; August 1, 2000; March 1,
					 1991;
Readopted Eff. December 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING FACILITIES: IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1204 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Piers and
				  docking facilities authorized by the general permit set forth in this Section
				  shall be for the exclusive use of the land owner or occupant and shall not be
				  leased, rented, or used for any commercial purpose. Piers and docking
				  facilities shall provide docking space for no more than two boats. Docking
				  facilities providing docking space for more than two boats shall be reviewed
				  through the major permitting process due to their greater potential for adverse
				  impacts and, therefore, are not authorized by this general permit, excluding
				  the exceptions described in Rule .1205 of this Section.
(b) Individuals shall allow representatives
				  of the Department of Environmental Quality to make inspections at any time in
				  order to ensure that the activity being performed under the authority of the
				  general permit set forth in this Section is in accordance with the terms and
				  conditions prescribed herein.
(c)
				  There shall be no interference with navigation or use of the waters by the
				  public through the existence of piers and docking facilities.
(d) The permit set forth in this Section
				  shall not be applicable to proposed construction where the Department
				  determines that the proposed activity will endanger adjoining properties or
				  significantly affect historic, cultural, scenic, conservation or recreation
				  values, identified in
				  G.S.
				  113A-102 and
				  G.S.
				  113A-113(b)(4).
(e) The permit set forth in this Section does
				  not eliminate the need to obtain any other required State, local, or federal
				  authorization.
(f) Development
				  carried out under the permit set forth in this Section shall be consistent with
				  all State, federal, local requirements, and local land use plans current at the
				  time of authorization.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b);
					 113A-118.1;
					 113A-124;
Eff. March
					 1, 1984;
Amended Eff. May 1, 1990;
RRC Objection due to
					 ambiguity Eff. May 19, 1994;
Amended Eff. August 1, 2014; July 1,
					 2009; August 1, 1998; July 1, 1994;
Readopted Eff. December 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1300 - GENERAL PERMIT TO CONSTRUCT BOAT RAMPS ALONG ESTUARINE AND PUBLIC TRUST SHORELINES AND INTO ESTUARINE AND PUBLIC TRUST WATERS › Section 07H .1301 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
A person requesting the construction of boat ramps along
					 estuarine and public trust shorelines and into Estuarine and Public Trust
					 Waters AECs shall apply for a General Permit according to the rules in this
					 Section. This permit shall not apply to oceanfront shorelines or to waters and
					 shorelines adjacent to the Ocean Hazard AEC with the exception of those
					 shorelines that feature characteristics of the Estuarine Shoreline AEC. Such
					 features include the presence of wetland vegetation, lower wave energy, and
					 lower erosion rates than the adjacent Ocean Erodible Area.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b);
					 113A-118.1;
					 113A-124;
Eff. March
					 1, 1984;
Amended Eff. April 1, 2003; August 1, 2000;
Readopted Eff. October 1, 2022.