reglab/statecodes huggingface dataset:
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 .0210 - NOMINATION CATEGORIES EXCLUDED: MINOR PERMIT EXEMPTION

Current through Register Vol. 39, No. 2, July 15, 2024
The minor development permit exemptions in this Section are
					 not applicable to the "Areas That Sustain Remnant Species," as defined in
					 15A NCAC
					 07H .0505, "Complex Natural Areas," as
					 defined in
					 15A NCAC
					 07H .0506, and "Unique Geologic Formations,"
					 as defined in
					 15A NCAC
					 07H .0507 categories of areas of
					 environmental concern.
Authority
					 G.S.
					 113A-103(5)(c);
					 113A-118(a);
Eff. November 1, 1984;
Readopted Eff. November 1,
					 2021.
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 .0211 - JOCKEY'S RIDGE AEC

Current through Register Vol. 39, No. 2, July 15, 2024
All development in the Jockey's Ridge area of environmental
					 concern designated pursuant to
					 15A NCAC
					 07H .0507 that is not within any other
					 designated area of environmental concern shall be exempt from CAMA major and
					 minor permit requirements provided it does not involve the removal of more than
					 ten cubic yards of sand per year from the area within the AEC
					 boundary.
Authority
					 G.S.
					 113A-103(5)c.;
Eff. March 1, 1988;
Readopted Eff. November 1,
					 2021.
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 .0212 - INSTALLATION AND MAINTENANCE OF SAND FENCING

Current through Register Vol. 39, No. 2, July 15, 2024
Sand fences that are installed and maintained subject to
					 the following criteria are exempt from the permit requirements of the Coastal
					 Area Management Act:
(1) Sand fencing
				  may only be installed for the purpose of: building sand dunes by trapping wind
				  blown sand or the protection of the dune(s) and vegetation (planted or
				  existing).
(2) 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.
(3) Sand fencing shall not be installed in a
				  manner that impedes, traps, or otherwise endangers sea turtles, sea turtle
				  nests or sea turtle hatchlings.
(4)
				  Non-functioning, damaged, or unsecured sand fencing shall be removed by the
				  property owner upon discovery.
(5)
				  Sand fencing shall be constructed from evenly spaced thin (approximately 1 to 1
				  1/2 inches wide) wooden vertical slats connected with twisted wire, no more
				  than 5 feet in height. Wooden posts or stakes no larger than 2" X 4" or 3"
				  diameter shall support sand fencing.
(6) Location. Sand fencing shall be placed as
				  far landward as possible to avoid interference with sea turtle nesting,
				  existing public access, recreational use of the beach, and emergency vehicle
				  access.
(a) Sand fencing shall not be placed
				  on the wet sand beach area;
(b)
				  Sand fencing installed parallel to the shoreline shall be located no farther
				  waterward than the crest of the frontal or primary dune; or
(c) Sand fencing installed waterward of the
				  crest of the frontal or primary dune shall be installed at an angle no less
				  than 45 degrees to the shoreline. Individual sections of sand fence shall not
				  exceed more than 10 feet in length and shall be spaced no less than seven feet
				  apart, and shall not extend more than 10 feet waterward of the following
				  locations, whichever is most waterward, as defined in
				  15A NCAC
				  07H .0305: the first line of stable natural
				  vegetation, the toe of the frontal or primary dune, or erosion escarpment of
				  frontal or primary dune; and
(d)
				  Sand fencing along public accessways may equal the length of the accessway, and
				  may include a 45 degree funnel on the waterward end. The waterward location of
				  the funnel shall not exceed 10 feet waterward of the locations identified in
				  Sub-Item (6)(c) of this Item.
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 .0213 - REPEALED - SINGLE FAMILY RESIDENCES EXEMPTED FROM THE CAMA PERMIT REQUIREMENTS WITHIN THE HIGH HAZARD FLOOD AREA OF ENVIRONMENTAL CONCERN

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-103(5)(a);
					 113A-113(b)(6);
					 113A-118(d)(2);
					 113A-119.1;
Eff.
					 August 1, 2002;
Repealed Eff. September 1,
					 2015.
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 .0300 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MINOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0301-0306

Current through Register Vol. 39, No. 2, July 15, 2024
Legislative Objection
					 Lodged Eff. December 16, 1980;
Filed as an Emergency Amendment
					 [(b)] Eff. November 13, 1980, for a Period of 50 Days
to Expire on
					 January 2, 1981;
Filed as an Emergency Amendment [(b)] Eff.
					 September 4, 1980, for a Period of 120 Days
to Expire on January 2,
					 1981;
Statutory Authority
					 G.S.
					 113A-103(5)(b)(c);
					 113A-111;
					 113A-118(a);
					 113A-120;
Eff. March
					 29, 1978;
Amended Eff. April 22, 1980; March 1, 1980;
Emergency Amendment [(b)] Expired Eff. January 2, 1981;
Amended
					 Eff. February 1, 1983;
Repealed Eff. November 1,
					 1984.
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 .0300 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MINOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0307-0308

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-103(5)(c);
Eff. July 6, 1978.
Amended Eff. February 1, 1983;
Repealed Eff. November 1, 1984.
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 .0300 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MINOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0309 - REPEALED - SINGLE FAMILY RESIDENCES EXEMPTED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-103(5)(c);
Eff. February 1, 1983;
Repealed Eff. November 1,
					 1984.
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 .0400 - CLASSES OF FEDERAL AGENCY ACTIVITIES EXEMPTED FROM THE PERMIT REQUIREMENT › Section 07K .0401 - MAINTENANCE OF FEDERAL NAVIGATION CHANNELS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Operation and maintenance of all federal navigation channels subject to the
				  authority of the US Army Corps of Engineers are hereby granted an exemption
				  from the CAMA permit requirement. Activities exempted by this requirement must
				  be consistent with the Coastal Area Management Act (CAMA) and the rules of this
				  Chapter to the maximum extent practicable as set forth in
				  15 CFR
				  930.32.
(b) For the purposes of this Section,
				  operation and maintenance activities shall mean only those activities that
				  allow for navigation over existing water courses and that take place within
				  authorized project dimensions as defined in project documents. Such activities
				  may include hydraulic pipeline dredging, sidecast dredging, mechanical
				  dredging, disposition of dredged materials, and activities necessary to
				  accomplish dredging, such as laying pipes to move material from the dredging
				  site to the disposal area.
Authority
					 G.S.
					 113A-103(5)(c);
Eff. June 18, 1979;
Amended Eff. September 6, 1979;
Readopted Eff. November 1, 2021.
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 .0400 - CLASSES OF FEDERAL AGENCY ACTIVITIES EXEMPTED FROM THE PERMIT REQUIREMENT › Section 07K .0402 - FEDERAL AGENCY ACTIVITIES EXEMPTED

Current through Register Vol. 39, No. 2, July 15, 2024
All federal agency development activities in areas of
					 environmental concern are hereby granted an exemption from the CAMA permit
					 requirement.
Authority
					 G.S.
					 113A-103(5)(c)
Eff. June 18, 1979;
Amended Eff. April 22, 1980; September 6,
					 1979;
Readopted Eff. November 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0100 - PURPOSE AND AUTHORITY › Section 07L .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 September 1, 1978;
Amended Eff. March 1, 2016; August 1, 2002;
					 October 1, 1991; June 1, 1980;
Repealed Eff. July 1,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0200 - GENERAL STANDARDS › Section 07L .0201-.0206

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 September 1, 1978;
Amended Eff. November 1, 1984; June 1, 1982;
					 March 13, 1981; June 1, 1980;
Repealed August 1,
					 2002.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0300 - APPLICATION PROCESS › Section 07L .0301-.0304

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 September 1, 1978;
Amended Eff. October 1, 1991; May 1, 1990;
					 November 1, 1984; June 1, 1982; March 13, 1981;
June 1,
					 1980;
Repealed August 1, 2002.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0400 - GRANT ADMINISTRATION › Section 07L .0401-.0405

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 September 1, 1978;
Amended Eff. March 13, 1981; June 1, 1980;
					 September 1, 1978;
Repealed August 1,
					 2002.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0500 - GENERAL STANDARDS › Section 07L .0501 - ELIGIBLE APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				  for grants for local planning and management funds may be made by the
				  following:
(1) Coastal Counties as defined in
				  CAMA; and
(2) Municipalities within
				  coastal counties.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0500 - GENERAL STANDARDS › Section 07L .0502 - REPEALED - CONSISTENCY WITH PLANS AND RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 August 1, 2002;
Repealed Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0500 - GENERAL STANDARDS › Section 07L .0503 - PRIORITIES FOR FUNDING PLANNING AND MANAGEMENT PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department of Environmental Quality
				  (DEQ) program provides funding for coastal planning and management projects to
				  assist local governments in the 20 counties as defined in
				  G.S.
				  113A-103(2) in the refining
				  and implementing of plans and management strategies for their coastal
				  resources. In funding local planning and management grants, DEQ shall select
				  projects that address Coastal Resources Commission (CRC) management goals
				  pursuant to
				  15A NCAC
				  07B .0702(d)(2) or topics
				  contained within Subparagraphs (a)(1) through (6) of this Rule. Priority
				  management topics shall be designated on an annual basis following consultation
				  with the CRC. Projects may include education and outreach, planning efforts,
				  improvements in intergovernmental coordination, research or studies, and the
				  development of local ordinances. Projects selected for funding by DEQ shall
				  further the CRC's goals for the following designated topics:
(1) Public Access: Maximize public access to
				  the beaches and the public trust waters of the coastal region.
(2) Land Use Compatibility: Ensure that
				  development and use of resources or preservation of land balance protection of
				  natural resources and fragile areas with economic development, avoid risks to
				  public health, safety, and welfare.
(3) Infrastructure Carrying Capacity: Ensure
				  that public infrastructure systems are sized, located, and managed so the
				  quality and productivity of AECs and other fragile areas are protected or
				  restored.
(4) Natural Hazards:
				  Conserve and maintain barrier dunes, beaches, flood plains, and other coastal
				  features for their natural storm protection function and their natural
				  resources giving recognition to public health, safety, and welfare
				  issues.
(5) Habitat Enhancement:
				  Maintain, protect, and enhance coastal habitats.
(6) Other Topics or Special Issues: developed
				  areas and working waterfronts, urban waterfront revitalization, economic growth
				  and development, redevelopment and revitalization, recreation and tourism,
				  historic and cultural resources, public trust rights, water use and water
				  quality, stormwater management, erosion control, shoreline protection and
				  management, open space, parks and recreation, storm recovery, farmland
				  preservation and management, stakeholder and citizen participation, and
				  transportation.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0500 - GENERAL STANDARDS › Section 07L .0504 - REPEALED - ELIGIBLE PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 August 1, 2002;
Repealed Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0500 - GENERAL STANDARDS › Section 07L .0505-.0514

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 August 1, 2002;
Repealed Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0600 - APPLICATION PROCESS › Section 07L .0601-.0603

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 August 1, 2002;
Repealed Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter L - LOCAL PLANNING AND MANAGEMENT GRANTS › Section .0700 - GRANT ADMINISTRATION › Section 07L .0701-.0705

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 August 1, 2001;
Repealed Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0100 - PURPOSE AND AUTHORITY › Section 07M .0101 - REPEALED - AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
					 113A-124;
Eff. March
					 1, 1979;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0100 - PURPOSE AND AUTHORITY › Section 07M .0102 - EXPIRED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
					 113A-124;
Eff. March
					 1, 1979;
Expired Eff. April 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
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 .0201 - DECLARATION OF GENERAL POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
It is hereby declared that the general welfare and public
					 interest require that development along the ocean and estuarine shorelines be
					 conducted in a manner that avoids loss of life, property and amenities. It is
					 also declared that protection of the recreational use of the shorelines of the
					 state is in the public interest. In order to accomplish these public purposes,
					 the planning of future land uses, reasonable rules and public expenditures
					 should be created or accomplished in a coordinated manner so as to minimize the
					 likelihood of damage to private and public resources resulting from recognized
					 coastal hazards.
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
					 113A-124; 16 U.S.C. Sec. 1453
					 (12);
Eff. March 1, 1979;
RRC Objection due to lack of
					 necessity Eff. October 17, 1991;
Amended Eff. March 1,
					 1992.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0300 - SHOREFRONT ACCESS POLICIES › Section 07M .0301 - REPEALED - DECLARATION OF GENERAL POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-124;
					 113A-134.1;
					 113A-134.3;
Eff.
					 March 1, 1979;
Amended Eff. February 1, 2009; January 1, 1998;
					 March 1, 1988; March 1, 1985; July 1, 1982;
Readopted Eff.
					 September 1, 2021;
Repealed Eff. August 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0300 - SHOREFRONT ACCESS POLICIES › Section 07M .0302 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section, the Public Beach and Coastal
					 Waterfront Access Program is to provide public access to the public trust
					 beaches and waters as defined in
					 15A NCAC
					 07H .0207(a) and
					 15A NCAC
					 07H .0305(a)(1) in the 20
					 coastal counties described in
					 G.S.
					 113A-103(2).
(1) "Beach" is defined in
				  15A NCAC
				  07H .0305(a)(1).
(2) "Coastal Waterfront Access" includes the
				  acquisition and improvement of properties located in the 20-county area under
				  the Coastal Area Management Act (CAMA) jurisdiction as described in
				  G.S.
				  113A-103(2) that are
				  adjacent or proximate to coastal waterways to which the public has rights of
				  access or public trust rights.
(3)
				  "Ocean Beach Access" includes the acquisition and improvement of properties
				  adjacent or proximate to the Atlantic Ocean for parking and public passage to
				  the oceanfront.
(4) "Public Trust
				  Areas" is defined in
				  15A NCAC
				  07H .0207(a).
(5) A "Local Waterfront Access Plan"
				  identifies access needs and opportunities for public access, determines access
				  and facility requirements, establishes standards, develops project design plans
				  or guidelines, establishes priorities, considers financial resource
				  availability (such as grants, impact fees, or occupancy taxes) and construction
				  timing, and provides a system for evaluation of the plan.
(6) "Certified CAMA Land Use Plan" is defined
				  in 15A
				  NCAC 07B. A local government may identify
				  access needs, develop a local waterfront access plan, and develop local
				  policies to pursue access funding through its land use plan.
(7) "Tier 1 communities" include Tier 1
				  counties, as determined annually by the North Carolina Department of Commerce
				  as outlined in
				  G.S.
				  143B-437.08, and the counties respective
				  municipalities. The Division shall use the Tier 1 designation to encourage
				  economic activity in economically distressed communities.
Authority
					 G.S.
					 113A-124;
					 113A-134.3;
Eff.
					 March 1, 1979;
Amended Eff. February 1, 2009; January 1, 1998;
					 March 1, 1988; March 1, 1985; July 1, 1982;
Readopted Eff.
					 September 1, 2021;
Amended Eff. August 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0300 - SHOREFRONT ACCESS POLICIES › Section 07M .0303 - REPEALED - STANDARDS FOR PUBLIC ACCESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-124;
					 113A-134.1;
					 113A-134.3;
					 153A-277(a);
					 160A-314(a);
Eff. March 1, 1979;
Amended Eff. March 1, 1988; March 1, 1985; July
					 1, 1982;
RRC Objection due to lack of necessity and unclear
					 language Eff. October 17, 1991;
Amended Eff. February 1, 2009;
					 August 1, 2007; January 1, 1998; March 1, 1992;
Readopted Eff.
					 September 1, 2021;
Repealed Eff. August 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0300 - SHOREFRONT ACCESS POLICIES › Section 07M .0304-0305

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-124;
					 113A-134.3;
Eff.
					 July 1, 1982;
Amended Eff. May 1, 1990; March 1, 1988; March 1,
					 1985
Repealed Eff. January 1,
					 1998.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0300 - SHOREFRONT ACCESS POLICIES › Section 07M .0306 - REPEALED - LOCAL GOVERNMENT AND STATE INVOLVEMENT IN ACCESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-124;
					 113A-134.3;
Eff.
					 January 1, 1998;
Amended Eff. February 1, 2009; August 1,
					 2007;
Readopted Eff. September 1, 2021;
Repealed Eff.
					 August 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0300 - SHOREFRONT ACCESS POLICIES › Section 07M .0308 - REPEALED - PUBLIC INVOLVEMENT/NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-124;
					 113A-134.3;
Eff.
					 January 1, 1998;
Readopted Eff. September 1, 2021;
Repealed Eff. August 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0300 - SHOREFRONT ACCESS POLICIES › Section 07M .0309 - EXPIRED - COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-2;
					 113A-124;
Eff. July
					 1, 1990;
Recodified from .0306 Eff. January 1, 1998;
Amended Eff. January 1, 1998;
Expired Eff. April 1, 2018 pursuant
					 to G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0300 - SHOREFRONT ACCESS POLICIES › Section 07M .0310 - STANDARDS FOR PUBLIC ACCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Public
				  access projects funded through the Public Beach and Coastal Waterfront Access
				  program shall be consistent with public access policies contained in the local
				  government's land use plan as required under
				  15A NCAC
				  07B .0702(d)(2)(A), its
				  local waterfront access plan, or a local recreation plan that addresses public
				  access.
(b) Land acquired with
				  Public Beach and Coastal Waterfront Access program funds shall be dedicated in
				  perpetuity for public access and benefit of the general public, and the
				  dedication shall be recorded in the local Register of Deeds by the grantee. Any
				  lease or easement agreement shall extend at least 25 years. If land acquired or
				  improved with Public Beach and Coastal Waterfront Access Program grant funds is
				  sold or otherwise disposed of, the local government shall reimburse the State
				  at a percentage equal to the percentage of grant funds provided for the
				  original purchase or improvement, at current market value at the time of the
				  sale or disposition.
(c) Local
				  governments that receive or have received funding through this grant program
				  shall operate and maintain the public access sites and their facilities in such
				  a manner that public health and safety is ensured for the useful life of that
				  facility as set forth in the individual grant contract.
(d) Local governments with public access
				  sites funded by the Division of Coastal Management pursuant to
				  G.S.
				  113A-134.3 may charge user fees as long as
				  those fees are used exclusively for the operation, maintenance, and enhancement
				  of existing public access sites, including trash removal, law enforcement and
				  public safety, beach nourishment projects or the provision of new public access
				  sites through acquisition or easement. Local governments shall prepare annual
				  accounting reports for fees generated by Public Beach and Coastal Waterfront
				  Access Program funded access sites and shall make the report available upon
				  request. Any local government that has not made the most recent required
				  accounting report available shall not receive further funding under this
				  program until the inconsistency is corrected.
Authority
					 G.S.
					 113A-124;
					 113A-134.1;
					 113A-134.3;
					 153A-277(a);
					 160A-314(a);
Eff. August 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0400 - COASTAL ENERGY POLICIES › Section 07M .0401 - DECLARATION OF GENERAL POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is
				  hereby declared that the general welfare and public interest require that
				  reliable sources of energy be made available to the citizens of North Carolina.
				  It is further declared that the development of energy facilities and energy
				  resources within the state and in offshore waters can serve important regional
				  and national interests. However, unwise development of energy facilities or
				  energy resources can conflict with the recognized and equally important public
				  interest that rests in conserving and protecting the valuable land and water
				  resources of the state and nation, particularly coastal lands and waters.
				  Therefore, in order to balance the public benefits of necessary energy
				  development with the need to:
(1) protect
				  valuable coastal resources; and
(2)
				  preserve access to and utilization of public trust resources, the planning of
				  future uses affecting both land and public trust resources,
the exercise of regulatory authority, and determinations of
					 consistency with the North Carolina Coastal Management Program shall assure
					 that the development of energy facilities and energy resources shall avoid
					 significant adverse impact upon vital coastal resources or uses, public trust
					 areas and public access rights.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0400 - COASTAL ENERGY POLICIES › Section 07M .0402 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Impact
				  Assessment" is an analysis which discusses the potential environmental,
				  economic and social consequences, including cumulative and secondary impacts,
				  of a proposed major energy facility. At a minimum, the assessment shall include
				  the following and for each of the following shall discuss and assess any
				  effects the project will have on the use of public trust waters, adjacent lands
				  and on the coastal resources, including the effects caused by activities
				  outside the coastal area:
(1) a discussion of
				  the preferred sites for those elements of the project affecting the use of
				  public trust waters, adjacent lands and the coastal resources:
(A) In all cases where the preferred site is
				  located within an area of environmental concern (AEC) or on a barrier island,
				  the applicant shall identify alternative sites considered and present a full
				  discussion [in terms of Subparagraphs (a)(2) through (9) of this Rule] of the
				  reasons why the chosen location was deemed more suitable than another feasible
				  alternate site;
(B) If the
				  preferred site is not located within an AEC or on a barrier island, the
				  applicant shall present evidence to support the proposed location over a
				  feasible alternate site;
(C) In
				  those cases where an applicant chooses a site previously identified by the
				  state as suitable for such development and the site is outside an AEC or not on
				  a barrier island, alternative site considerations shall not be required as part
				  of this assessment procedure;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0500 - POST DISASTER POLICIES › Section 07M .0501 - DECLARATION OF GENERAL POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
It is hereby declared that the general welfare and public
					 interest require that all state agencies coordinate their activities to reduce
					 the damage from coastal disasters. As predisaster planning can lay the
					 groundwork for better disaster recovery, it is the policy of the State of North
					 Carolina that adequate plans for post-disaster reconstruction should be
					 prepared by and coordinated between all levels of government prior to the
					 advent of a disaster.
Authority
					 G.S.
					 113A-102;
					 113A-107;
					 113A-120;
					 113A-124(c);
Eff. October 1, 1982;
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 M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0500 - POST DISASTER POLICIES › Section 07M .0502 - EXPIRED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-102;
					 113A-107;
					 113A-120;
					 113A-124(c);
Eff. October 1, 1982;
Expired Eff. April 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0500 - POST DISASTER POLICIES › Section 07M .0503 - POLICY STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-119;
					 113A-124(b);
Eff. October 1, 1982;
Amended Eff. May 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 M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0600 - FLOATING STRUCTURE POLICIES › Section 07M .0601 - DECLARATION OF GENERAL POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
It is hereby declared that the general welfare and public
					 interest require that floating structures, as defined in
					 G.S.
					 113A-103(5a), to be used for
					 residential or commercial purposes not encroach upon the public trust, except
					 as allowed by Rule .0603 of this Section, nor discharge into the public trust
					 waters of the coastal area of North Carolina.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0600 - FLOATING STRUCTURE POLICIES › Section 07M .0602 - REPEALED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-102;
					 113A-107;
					 113A-108;
					 113A-118;
					 113A-120(a)(8);
113A-124(c)(5);
Eff. July 1,
					 1983.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0600 - FLOATING STRUCTURE POLICIES › Section 07M .0603 - POLICY STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Floating
				  structures shall not be allowed or permitted within the public trust waters of
				  the coastal area except in a marina permitted as development pursuant to the
				  Coastal Area Management Act of 1974.
(b) All floating structures shall be in
				  conformance with local regulations for on-shore sewage treatment.
(c) A boat shall be deemed a floating
				  structure when its means of propulsion has been removed or rendered inoperative
				  and it contains at least 200 square feet of living space area.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0700 - MITIGATION POLICY › Section 07M .0701 - DECLARATION OF GENERAL POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is the
				  policy of the State of North Carolina to require that adverse impacts to
				  coastal lands and waters be mitigated or minimized through proper planning,
				  site selection, compliance with standards for development, and creation or
				  restoration of coastal resources. Coastal ecosystems shall be protected and
				  maintained as complete and functional systems by mitigating the adverse impacts
				  of development as much as feasible by enchancing, creating, or restoring areas
				  with the goal of improving or maintaining ecosystem function and areal
				  proportion.
(b) The CRC shall apply
				  mitigation requirements as defined in this Section consistent with the goals,
				  policies and objectives set forth in the Coastal Area Management Act for
				  coastal resource management and development. Mitigation shall be used to
				  enhance coastal resources and offset any potential losses occurring from
				  approved and unauthorized development. Proposals to mitigate losses of coastal
				  resources shall be considered only for those projects shown to be in the public
				  interest, as defined by the standards in
				  15A NCAC
				  07M .0703, and only after all other
				  reasonable means of avoiding or minimizing such losses have been
				  exhausted.
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
					 113A-113;
					 113A-120(a);
					 113A-124;
Eff.
					 January 1, 1984;
Amended Eff. September 1,
					 1985.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0700 - MITIGATION POLICY › Section 07M .0702 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Subchapter, mitigation is defined
					 as the enhancement, creation, or restoration of coastal resources to maintain
					 the characteristics and processes of coastal ecosystems such as natural
					 biological productivity, habitat and species diversity, physical integrity,
					 water quality and aesthetics.
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
					 113A-113;
					 113A-120(a);
					 113A-124;
Eff.
					 January 1, 1984;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0700 - MITIGATION POLICY › Section 07M .0703 - MITIGATION CANDIDACY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The CRC may
				  approve a development project for mitigation candidacy if the applicant can
				  demonstrate that all of the following criteria can be met:
(1) there is no reasonable or prudent
				  alternate design or location for the project that would avoid the losses to be
				  mitigated;
(2) the entire project
				  for which the permit is requested is dependent upon being located within or in
				  close proximity to public trust waters and coastal wetlands;
(3) benefits to the public interest will
				  clearly outweigh the long range adverse effects to the environment. A benefit
				  to the public interest may be established by a project which has been clearly
				  shown to be the least damaging alternative and which:
(A) if publicly funded creates benefits of
				  national or state importance. This category may include but is not limited to
				  public roadways, navigation projects, state ports, and projects designed to
				  provide public access to the water;
(B) if privately funded provides increased
				  access opportunities available to the general public for free or for a nominal
				  fee, or provides significant economic benefits to the state or community in
				  accord with the local land use plan;
(4) all reasonable means and measures to
				  lessen the impacts of the project have been incorporated into the project
				  design.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0700 - MITIGATION POLICY › Section 07M .0704 - POLICY STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  following forms of mitigation are ranked in order of preference:
(1) Enhancement of coastal resources with
				  created or restored systems determined to be potentially more productive of the
				  resources characteristic of unaltered North Carolina ecosystems than those
				  destroyed.
(2) Creation or
				  restoration of an area of similar ecological utility and potential biological
				  value than that destroyed or altered.
(3) Creation or restoration of an area with a
				  desirable but different ecological function or potential than that destroyed or
				  altered.
(4) The following forms of
				  mitigation will be considered even though they do not meet the definition in
				  15A NCAC
				  07M .0702. They are actions which by
				  themselves shall not be deemed adequate to offset habitat losses, but may be
				  used in combination with Subparagraphs (a) (1) through (3) to achieve the
				  stated goal of these Rules.
(A) Acquisition
				  for public ownership of unique and ecologically important systems not protected
				  by state and/or federal regulatory programs. The type of impacts to be
				  mitigated and the quality of the area to be acquired will be considered on a
				  case-by-case basis.
(B) Transfer of
				  privately owned lands subject to state and federal regulatory control into
				  public ownership.
(C) Provisions of
				  funds for research or for management programs.
(D) Increased public access for recreational
				  use.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0700 - MITIGATION POLICY › Section 07M .0705 - REVIEW PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Initial denials of mitigation projects, pursuant to the
					 procedures of
					 15A NCAC
					 07M .0703(c), and permit
					 denials, based on inconsistency with
					 15A NCAC
					 07H .0208, which are to be offset by
					 mitigation proposals shall be reviewed by the CRC through the appeal procedures
					 set forth in
					 15A NCAC
					 07J .0300.
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
					 113A-113;
					 113A-120(a);
					 113A-124;
Eff.
					 January 1, 1984;
Amended Eff. November 1, 1984;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0800 - COASTAL WATER QUALITY POLICIES › Section 07M .0801 - DECLARATION OF GENERAL POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
					 113A-124; 16 U.S.C. s.
					 1453(12);
Eff. November 1, 1985;
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 M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0800 - COASTAL WATER QUALITY POLICIES › Section 07M .0802 - POLICY STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
					 113A-124; 16 U.S.C. s.
					 1453(12);
Eff. November 1, 1985;
Amended Eff. October
					 1, 1988;
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 M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0900 - POLICIES ON USE OF COASTAL AIRSPACE › Section 07M .0901 - EXPIRED - DECLARATION OF GENERAL POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-102(b);
					 113A-107; 16 U.S.C. Sec. 1453
					 (12);
Eff. March 1, 1990;
RRC Objection due to lack of
					 necessity Eff. October 17, 1991;
Amended Eff. March 1,
					 1992;
Expired Eff. April 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0900 - POLICIES ON USE OF COASTAL AIRSPACE › Section 07M .0902 - POLICY STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is the
				  policy of the State of North Carolina that access corridors free of special use
				  airspace designations shall be preserved along the length of the barrier
				  islands and laterally at intervals not to exceed 25 miles to provide
				  unobstructed access both along the coastline and from inland areas to the
				  coast. Such access corridors shall extend from the surface to an altitude of
				  6000 feet above sea level except where communication and radar services allow
				  positive aircraft control at lower altitudes.
(b) Development of aviation-related projects
				  and associated airspace management practices shall, to the maximum extent
				  practicable, facilitate use of aircraft by local, state and federal government
				  agencies for purposes of resource management, law enforcement and other
				  activities related to the public health, safety and welfare. In any case,
				  access to restricted areas shall be provided on a periodic basis for routine
				  enforcement flights and access shall be provided on an emergency basis when
				  required to respond to an immediate threat to public health and
				  safety.
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
Eff. March
					 1, 1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .1000 - POLICIES ON WATER AND WETLAND BASED TARGET AREAS FOR MILITARY TRAINING ACTIVITIES › Section 07M .1001 - DECLARATION OF GENERAL POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
The use of water and wetland-based target areas for
					 military training purposes may result in adverse impacts on coastal resources
					 and on the exercise of public trust rights. The public interest requires that,
					 to the maximum extent practicable, use of such targets not infringe on public
					 trust rights, cause damage to public trust resources, violate existing water
					 quality standards or result in public safety hazards.
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
Eff. March
					 1, 1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .1000 - POLICIES ON WATER AND WETLAND BASED TARGET AREAS FOR MILITARY TRAINING ACTIVITIES › Section 07M .1002 - POLICY STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is the
				  policy of the State of North Carolina that all public trust waters subject to
				  surface water restrictions pursuant to 33 USCS 3 for use in military training
				  shall be opened to commercial fishing at established times appropriate for
				  harvest of the fisheries resources within those areas.
(b) Where laser weaponry is used, the area of
				  restricted surface waters shall be at least as large as the recommended laser
				  safety zone.
(c) Water quality
				  shall be tested periodically in the surface water restricted areas surrounding
				  such targets and results of such testing shall be reported to the
				  Department.
Authority
					 G.S.
					 113A-102(b);
					 113A-107;
Eff. March
					 1, 1990.