North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0200 - SHORELINE EROSION POLICIES › Section 07M .0202 - POLICY STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  Section 5, Article 14 of the North Carolina Constitution, proposals for
				  shoreline erosion response projects shall avoid losses to North Carolina's
				  natural heritage. All means should be taken to identify and develop response
				  measures that will not adversely affect estuarine and marine productivity. The
				  public right to use and enjoy the ocean beaches must be protected. The
				  protected uses include traditional recreational uses (such as walking,
				  swimming, surf-fishing, and sunbathing) as well as commercial fishing and
				  emergency access for beach rescue services. Private property rights to
				  oceanfront properties including the right to protect that property in ways that
				  are consistent with public rights should be protected.
(b) Erosion response measures designed to
				  minimize the loss of private and public resources to erosion should be
				  economically, socially, and environmentally justified. Preferred response
				  measures for shoreline erosion shall include but not be limited to AEC rules,
				  land use planning and land classification, establishment of building setback
				  lines, building relocation, subdivision regulations and management of
				  vegetation.
(c) The replenishment
				  of sand on ocean beaches can provide storm protection and a viable alternative
				  to allowing the ocean shoreline to migrate landward threatening to degrade
				  public beaches and cause the loss of public facilities and private property.
				  Experience in North Carolina and other states has shown that beach restoration
				  projects can present a feasible alternative to the loss or massive relocation
				  of oceanfront development. In light of this experience, beach restoration and
				  sand renourishment and disposal projects may be allowed when:
(1) Erosion threatens to degrade public
				  beaches and to damage public and private properties;
(2) Beach restoration, renourishment or sand
				  disposal projects are determined to be socially and economically feasible and
				  cause no significant adverse environmental impacts;
(3) The project is determined to be
				  consistent with state policies for shoreline erosion response and state use
				  standards for Ocean hazard and Public Trust Waters Areas of Environmental
				  Concern and the relevant rules and guidelines of state and federal review
				  agencies.
When the conditions set forth in this Paragraph can be met,
					 the Coastal Resources Commission supports, within overall budgetary
					 constraints, state financial participation in Beach Erosion Control and
					 Hurricane Wave Protection projects that are cost-shared with the federal
					 government and affected local governments pursuant to the federal Water
					 Resources Development Act of 1986 and the North Carolina Water Resources
					 Development Program (G.S. 143-215.70-73).