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 .1205 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Piers and
				  docking facilities may extend or be located up to a maximum of 400 feet
				  waterward from the normal high water line or the normal water level, whichever
				  is applicable.
(b) Piers and
				  docking facilities shall not extend beyond the established pier length along
				  the same shoreline for similar use. This restriction shall not apply to piers
				  and docking facilities 100 feet or less in length unless necessary to avoid
				  interference with navigation or other uses of the waters by the public such as
				  blocking established navigation routes or interfering with access to adjoining
				  properties as determined by the Division of Coastal Management. The length of
				  piers and docking facilities shall be measured from the waterward edge of any
				  wetlands that border the water body.
(c) Piers and docking facilities longer than
				  200 feet shall be permitted only if the proposed length gives access to deeper
				  water at a rate of at least one foot at each 100 foot increment of pier length
				  longer than 200 feet, or if the additional length is necessary to span some
				  obstruction to navigation. Measurements to determine pier and docking facility
				  lengths shall be made from the waterward edge of any coastal wetland vegetation
				  that borders the water body.
(d)
				  Piers shall be no wider than six feet and shall be elevated at least three feet
				  above any coastal wetland substrate as measured from the bottom of the
				  decking.
(e) The total square
				  footage of shaded impact for docks and mooring facilities (excluding the pier)
				  allowed shall be 8 square feet per linear foot of shoreline with a maximum of
				  800 square feet. In calculating the shaded impact, uncovered open water slips
				  shall not be counted in the total.
(f) The maximum size of any individual
				  component of the docking facility authorized by this general permit shall not
				  exceed 400 square feet.
(g) Docking
				  facilities shall not be constructed in a designated Primary Nursery Area 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) Piers and docking
				  facilities 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 docking facility
				  location is equal to or greater than two feet of water at normal low water
				  level or normal water level; and
(2) The pier and docking facility is located
				  to minimize the area of submerged aquatic vegetation or shellfish beds under
				  the structure as determined by the Division of Coastal Management.