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 .2600 - GENERAL PERMIT FOR CONSTRUCTION OF MITIGATION BANKS AND IN-LIEU FEE MITIGATION PROJECTS › Section 07H .2604 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The permit in
				  this Section authorizes only those activities associated with the construction
				  of mitigation banks and in-lieu fee mitigation projects.
(b) Permittees 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 authority of this
				  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. No attempt shall be made by the permittee to prevent the use by the
				  public of all navigable waters at or adjacent to the development authorized
				  pursuant to the rules of this Section.
(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 required because there are
				  unresolved questions concerning the proposed activity's impact on Areas of
				  Environmental Concern.
(e) At the
				  discretion of the Division of Coastal Management, review of individual project
				  requests shall be coordinated with the Department of Environmental Quality to
				  determine if a construction moratorium during periods of significant biological
				  productivity or critical life stages of fisheries resources is necessary to
				  protect those resources.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 October 1, 2004;
Amended Eff. October 1, 2014;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2700 - GENERAL PERMIT FOR THE CONSTRUCTION OF MARSH SILLS › Section 07H .2701 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Persons seeking to construct marsh sills for wetland
					 enhancement and shoreline stabilization in estuarine and public trust waters
					 shall apply for a General Permit according to the rules in this Section. Marsh
					 sills are defined as sills that are shore-parallel structures built in
					 conjunction with existing, created, or restored wetlands. This general permit
					 shall not apply within the Ocean Hazard System AECs or waters adjacent to these
					 AECs with the exception of those portions of shoreline within the Inlet Hazard
					 Area AEC that feature characteristics of Estuarine Shorelines. Such features
					 include the presence of wetland vegetation, lower wave energy, and lower
					 erosion rates than in the adjoining Ocean Erodible Area. A Division of Coastal
					 Management representative will make the determination whether the site features
					 characteristics of the Estuarine Shoreline at the time of permit
					 application.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Temporary Adoption Eff. June 15, 2004;
Eff. April 1,
					 2005;
Temporary Amendment Eff. April 1, 2019;
Amended
					 Eff. July 1, 2019;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2700 - GENERAL PERMIT FOR THE CONSTRUCTION OF MARSH SILLS › Section 07H .2702 - 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 at the Regional Office indicated on the map located at
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40679988982e02665b51
and request approval for development as defined in
				  G.S.
				  113A-130(5).
(b) The applicant shall provide:
(1) the site location, dimensions of the
				  project area, and his or her name and 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 to the Division of Coastal
				  Management within 10 days of receipt of the notice and indicate that no
				  response by the adjacent property owners will be interpreted as the adjacent
				  property owners having 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 .2700 - GENERAL PERMIT FOR THE CONSTRUCTION OF MARSH SILLS › Section 07H .2703 - 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). This fee shall be paid by check or money order made payable
					 to the Department of Environmental Quality.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-119.1;
Temporary Adoption Eff. June 15, 2004;
Eff. April 1,
					 2005;
Amended Eff. September 1, 2006;
Readopted Eff.
					 October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2700 - GENERAL PERMIT FOR THE CONSTRUCTION OF MARSH SILLS › Section 07H .2704 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permittees
				  shall allow authorized representatives of the Department of Environmental
				  Quality (DEQ) to make inspections at any time in order to ensure that the
				  activity being performed under authority of this General Permit set forth in
				  this Section is in accordance with the terms and conditions prescribed
				  herein.
(b) The placement of marsh
				  sills authorized in these Rules shall not interfere with the established or
				  traditional rights of navigation of the waters by the public.
(c) The permit set forth in this Section
				  shall not be applicable to proposed construction where the Department has
				  determined, based on an initial review of the application, that notice and
				  review pursuant to
				  G.S.
				  113A-119 is because there are unresolved
				  questions concerning the proposed activity's impact Areas of Environmental
				  Concern.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Temporary Adoption Eff. June 15, 2004;
Eff. April 1,
					 2005;
Temporary Amendment Eff. April 1, 2019;
Amended
					 Eff. July 1, 2019;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0100 - PURPOSE › Section 07I .0101 - EXPIRED - AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Amended Eff. June 1, 2006; May 1,
					 1990;
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 I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0100 - PURPOSE › Section 07I .0102 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of these criteria is to establish the means and
					 procedures by which local governments may request and receive the funds
					 necessary to implement locally developed Coastal Area Management Act
					 implementation and enforcement programs. These provisions are designed to
					 ensure that no local government will have to forego the assumption of
					 permit-letting authority because of inadequate local finances or to severely
					 burden its local budget in order to undertake a Coastal Area Management Act
					 local implementation and enforcement program. These provisions are designed to
					 ensure that localities will be treated uniformly yet equitably with the goal
					 that two localities in similar situations will be similarly
					 treated.
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Amended Eff. August 1, 1978;
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 I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0200 - POLICY AND STANDARDS › Section 07I .0201-.0202 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
ARRC Objection Lodged March 15,
					 1990;
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 I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0200 - POLICY AND STANDARDS › Section 07I .0203 - REPEALED - ELIGIBILITY: FUNDING LEVEL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Repealed Eff. August 1,
					 1978.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0200 - POLICY AND STANDARDS › Section 07I .0204 - LOCAL ORDINANCE REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Each local government applying for an implementation and
					 enforcement plan grant shall have adopted local ordinance(s) necessary to give
					 effect to the local implementation and enforcement plan that has been approved
					 by the Commission for its jurisdiction.
Authority
					 G.S.
					 113A-112;
					 113A-124;
					 113A-117;
Eff.
					 December 10, 1977;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0200 - POLICY AND STANDARDS › Section 07I .0205 - ACCOUNTABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
In general, local governments that are subgrantees of
					 federal and state funds administered by the Department of Environment, Health,
					 and Natural Resources will be subject to accounting techniques and procedures
					 similar to those applicable to the Department of Environment, Health, and
					 Natural Resources as grantee of federal funds administered by the National
					 Oceanic and Atmospheric Administration. More specifically, the requirements of
					 General Statutes and standards generally applicable to local governments,
					 Federal Management Circulars 74-4 and 74-7, and National Oceanic and
					 Atmospheric Administration administrative grants standards will be observed.
					 These standards and regulations are the same as those applicable to Coastal
					 Area Management Act land use planning grants.
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Amended Eff. May 1, 1990; May 20,
					 1980;
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 I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0200 - POLICY AND STANDARDS › Section 07I .0206 - EXPIRED - FUTURE FUNDING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Amended Eff. June 1, 2006; May 1,
					 1990;
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 I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0300 - APPLICATION PROCEDURES › Section 07I .0301 - REPEALED - APPLICATION FORM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Repealed Eff. August 1,
					 1978.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0300 - APPLICATION PROCEDURES › Section 07I .0302 - APPLICATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An application
				  form is not required for local governments having entered into previous
				  agreements with the Department for reimbursement under this Rule. Local
				  governments intending to establish local implementation and enforcement
				  programs without previous agreements shall contact the Division of Coastal
				  Management at 400 Commerce Avenue, Morehead City, NC 28557.
(b) The geographic jurisdiction shall be the
				  same as identified in the local Implementation and Enforcement Program. Where
				  two or more local governments are combined for grant administration, a written
				  statement to this effect shall be submitted to the Division of Coastal
				  Management and signed by local officials authorized to enter into such
				  agreements.
(c) Based on the
				  availability of State or federal funds, agreements shall be renewed on an
				  annual basis. The grant year runs from July 1 through June 30, and local
				  governments may receive amendments to their contracts after the end of each
				  grant year updating the previous agreements.
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Amended Eff. June 1, 2005; October 1, 1988;
					 October 1, 1982; May 20, 1980;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0300 - APPLICATION PROCEDURES › Section 07I .0303-0304

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Amended Eff. October 1, 1982; August 1,
					 1978;
Repealed Eff. August 1,
					 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0300 - APPLICATION PROCEDURES › Section 07I .0305 - GRANT ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Reimbursement
				  shall be made quarterly upon submittal of composite records after the last day
				  of the last month of the quarter. Composite records will include each minor
				  permit applicant's name, the date of the application, the date of public
				  notice, the AEC type, the permit decision, the decision date, and any vouchers
				  for training expenses, or other documents as required by the contract between
				  the locality and the Department of Environmental Quality.
(b) Grant Contract. Prior to the disbursement
				  of funds, the locality and the Department shall become parties to a contract in
				  accordance with
				  15A NCAC
				  07I .0306.
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 August 1, 1978;
Amended Eff. June 1, 2006; May 1, 1990; November 1,
					 1984; October 1, 1982; May 20, 1980;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0300 - APPLICATION PROCEDURES › Section 07I .0306 - GRANT CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All contracts
				  shall provide notice of any conditions which affect the quarterly grant
				  payments.
(b) The following
				  conditions shall apply:
(1) Per permit
				  reimbursements shall only be made after certification is received by the
				  Secretary (from the local permit officer) that all CAMA standards have been
				  observed when the permitted activity is completed;
(2) Final quarterly payment for a given
				  fiscal year shall be withheld pending receipt by the Secretary of an annual
				  permit summary, said summary to consist of a description of all permits
				  processed in the locality by the minor permit applicant's name, address, date
				  of application, AEC type, permit decision, and decision date;
(3) Quarterly verification from the Division
				  of Coastal Management district office field representative specified in the
				  contract that the following permit information has been received for each
				  permit processed in the quarter:
(A) one copy
				  of the permit application mailed to the field representative or Division of
				  Coastal Management district office within five business days of acceptance by
				  the local government,
(B) one copy
				  of the legal notice associated with the application,
(C) one copy of the final decision and any
				  associated permit conditions;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0400 - GENERALLY APPLICABLE STANDARDS › Section 07I .0401 - PROGRAM COSTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Costs
				  associated with the management of a local Implementation and Enforcement
				  Program shall be recovered on a per permit basis unless specified elsewhere in
				  this Section.
(b) The per permit
				  reimbursement rate has been set in consideration of local costs, such as
				  salaries, office supplies, copying, mailing and telephone use, and funds made
				  available to the Division of Coastal Management. These rates are set as
				  follows:
(1) All county permit-letting
				  authorities are eligible to receive seventy-five dollars ($75.00) for each
				  processed permit.
(2) All municipal
				  permit-letting authorities are eligible to receive fifty-five dollars ($55.00)
				  for each processed permit.
(3) For
				  multi-unit programs involving a county and a municipality, the higher county
				  rate applies; however, programs involving two or more municipalities shall use
				  the municipal rate.
(4) Follow-up
				  inspections are required when the permitted activity is completed, and such
				  inspections shall be documented on a form provided by the Division; the
				  follow-up inspection fee received by all local governments is set at forty
				  dollars ($40.00).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0400 - GENERALLY APPLICABLE STANDARDS › Section 07I .0402 - INELIGIBLE ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Costs not
				  associated with CAMA permit letting are ineligible for reimbursement.
(b) The following costs are not ineligible:
(1) the costs of local appeal,
(2) attorneys fees,
(3) bookkeeping or accountant
				  costs,
(4) fines and
				  penalties.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0400 - GENERALLY APPLICABLE STANDARDS › Section 07I .0403 - REPEALED - COMPUTATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Repealed Eff. August 1,
					 1978.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0400 - GENERALLY APPLICABLE STANDARDS › Section 07I .0404 - REPEALED - DESIGNATED LOCAL OFFICIAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Amended Eff. August 1, 1978;
Repealed Eff. November 1, 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0400 - GENERALLY APPLICABLE STANDARDS › Section 07I .0405 - REPEALED - PERMIT PROJECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Amended Eff. August 1, 1978;
Repealed Eff. October 1, 1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0400 - GENERALLY APPLICABLE STANDARDS › Section 07I .0406 - APPLICATION FEES

Current through Register Vol. 39, No. 2, July 15, 2024
The application fees collected by the locality shall be
					 used only to defray the administrative costs associated with the processing of
					 a CAMA minor permit development application. Deficits resulting from
					 administrative costs exceeding amounts received from application fees shall be
					 recovered from permit reimbursements. The application fee shall be consistent
					 with 15A
					 NCAC 07J
					 .0204(b)(6)(B).
Authority
					 G.S.
					 113A-112;
					 113A-119;
					 113A-124;
Eff.
					 December 10, 1977;
Amended Eff. July 1, 2013; October 1, 1982; May
					 20, 1980; August 1, 1978.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0400 - GENERALLY APPLICABLE STANDARDS › Section 07I .0407 - GRANT CONSISTENCY

Current through Register Vol. 39, No. 2, July 15, 2024
The application shall be consistent with the local
					 implementation and enforcement plan adopted by the locality and approved by the
					 Coastal Resources Commission.
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 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 I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0400 - GENERALLY APPLICABLE STANDARDS › Section 07I .0408 - REPEALED - GRANT ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-112;
					 113A-124;
Eff.
					 December 10, 1977;
Amended Eff. October 1, 1982; May 20, 1980;
					 August 1, 1978;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0501 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Coastal Area Management Act authorizes, but does not
					 require, a city or county in the coastal area to act as a permit-letting agency
					 for minor development permits in areas of environmental concern. These Rules
					 establish the criteria for preparation of local implementation and enforcement
					 plans by local governments. Before a local government can become a
					 permit-letting agency, a plan consistent with these criteria must be submitted
					 to the Coastal Resources Commission for approval. These criteria are provided
					 to assist local government in:
(1)
				  establishing procedures to be followed in developing local implementation and
				  enforcement programs;
(2)
				  establishing the scope and coverage of said programs;
(3) establishing minimum standards to be
				  prescribed in said programs;
(4)
				  establishing staffing requirements of permit-letting agencies;
(5) establishing permit-letting
				  procedures;
(6) establishing
				  priorities of regional and statewide concern;
(7) establishing that the program is
				  consistent with the land use plan.
Authority
					 G.S.
					 113A-117;
					 113A-124(c);
Eff. November 1, 1984;
Amended Eff. December 1, 1991;
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 I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0502 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All definitions
				  set out in G.S. 113A - 100 through - 128 apply herein.
(b) The following definitions apply whenever
				  these words appear in this Section:
(1) City.
				  The word "city" means any of the incorporated cities within the 20 coastal
				  counties.
(2) County. The word
				  "county" means any one of the 20 counties in the coastal area.
(3) Land Use Plan. The term "land use plan"
				  refers to the plan prepared by local government for submission to the Coastal
				  Resources Commission pursuant to Part 2 of the Coastal Area Management
				  Act.
(4) Local Management Program.
				  The term "local management program" means the local implementation and
				  enforcement program of a coastal city or county that has expressed an intention
				  (as described in
				  G.S.
				  113A-117) to administer a permit program for
				  minor development in areas of environmental concern located within such county
				  or city.
(5) Local Permit Officer.
				  The term "local permit officer" refers to the locally designated official who
				  will administer and enforce the minor development permit program in areas of
				  environmental concern and all parts of the land-use plan which the local
				  government may wish to enforce over the entire planning area.
(6) Management Plan (Plan). The term
				  "management plan" refers to the written description of the management program
				  which shall be submitted to the Coastal Resources Commission.
(7) Secretary. The word "Secretary" refers to
				  the Secretary of Environment and Natural Resources.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0503 - ADOPTION

Current through Register Vol. 39, No. 2, July 15, 2024
Each local permit-letting agency submitting a letter of
					 intent before July 1, 1976 must adopt a management plan before July 1, 1977. A
					 local permit-letting agency submitting a letter of intent later than two years
					 after July 1, 1974, must adopt a management plan within the time stated by the
					 Commission upon receipt of a letter of intent.
Authority
					 G.S.
					 113A-116;
					 113A-117(b);
Eff. November 1, 1984;
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 I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0504 - RECORD OF HEARINGS AND COMMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Each permit-letting agency shall compile and maintain a
					 complete record of the public hearing on its proposed local implementation and
					 enforcement plan and comments received pursuant to
					 G.S.
					 113A-117. The record of the public hearing,
					 written comment, and any documentation filed with the local permit-letting
					 agency as to the proposed management plan shall:
(1) consist of a written account from the
				  minutes or transcribed from an electronic recording, and all written
				  documents;
(2) remain open for 15
				  days after the hearing; and
(3) be
				  available to the Coastal Resources Commission upon request.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0505 - CONTENT OF PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The plan for
				  the local implementation and enforcement program shall include the following
				  elements:
(1) the geographic extent of
				  jurisdiction of the local management program;
(2) a description of the criteria to be used
				  in choosing the local permit officer;
(3) methods of permit processing and
				  coordinating procedures;
(4)
				  methods for identifying and taking into account projects and impacts of
				  regional, State, and national concern;
(5) a copy of all existing or proposed local
				  ordinances relating to zoning and land use in areas of environmental concern or
				  any other subject in order that the Commission may determine:
(A) whether there is sufficient authority to
				  enforce the program described in the local implementation and enforcement
				  plan;
(B) whether any local
				  ordinances are inconsistent with the approved land use plan. No implementation
				  and enforcement plan shall be approved for any county or city if the Commission
				  determines either that the local government unit lacks sufficient authority to
				  enforce the program or that the local government unit has an ordinance or
				  ordinances inconsistent with its land use plan.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0506 - ALLOCATION OF AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A county may
				  establish permit-letting authority for any city or part thereof that lies
				  within said county if such city does not submit a letter of intent to the
				  Coastal Resources Commission or states to the Coastal Resources Commission its
				  intent not to become a local permit-letting agency.
(b) A city management plan shall be limited
				  to its corporate boundaries and to any extra-territorial zoning area over which
				  it may have established control at the time it requested authority to act as a
				  permit-letting agency or over which it later gains control.
(c) A county implementation and enforcement
				  plan shall be limited to areas not covered by any city plans unless the county
				  acts as the permit-letting agency for a city or cities. A county shall begin
				  such duties only after the county's implementation and enforcement plan has
				  been amended to include such areas.
(d) In any city in which neither the city nor
				  the county elects to become the permit-letting agency, the secretary shall have
				  that duty.
(e) Only the Department
				  of Environment and Natural Resources shall issue a permit for major
				  development.
Authority
					 G.S.
					 113A-117(b);
					 113A-124(c)(5);
Eff. November 1, 1984;
Amended Eff. June 1, 2006; May 1,
					 1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0507 - LOCAL PERMIT OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The local
				  implementation and enforcement plan shall designate an existing local official
				  or create a new position for an official who shall receive, review, and take
				  all appropriate action as to applications for minor development permits. The
				  locality shall inform the Department of all Local Permit Officers (LPO) who
				  will implement or enforce the local implementation and enforcement
				  plan.
(b) The implementation and
				  enforcement plan shall specify the job requirements of the LPO as mandated by
				  this Section.
(c) The LPO shall
				  attend the Department's training course within one year of appointment. The LPO
				  shall also attend those regular regional work sessions held by the Department
				  to inform and coordinate the activities of the LPOs in each region.
(d) In order to continue to process permits
				  in a timely fashion, eligible permit-letting agencies shall immediately notify
				  the Commission in writing when the LPO resigns or is for any reason unable to
				  perform their duties.
(e) This
				  notice shall indicate the method or methods by which the locality will continue
				  to process permits in a timely fashion. Such methods may include, but are not
				  limited to, the following:
(1) The appointment
				  of a temporary (LPO) until such time as a permanent replacement is
				  selected.
(2) The appointment of
				  one or more LPO(s).
(3) Evidence
				  that an agreement exists between the locality and another agency for the
				  assumption of the implementation and enforcement program.
(4) A formal request that the Secretary
				  assume the permit function for the locality.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0508 - CONSIDERATION OF APPLICATION BY LOCAL PERMIT OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The method of consideration of minor development permit requests by the local
				  permit officer shall be uniform in application and shall be set out in writing
				  and available for public inspection. The Local Permit Officer (LPO) shall use
				  only forms approved by the Coastal Resources Commission in handling of any
				  minor development permit application.
(b) The local implementation and enforcement
				  plan shall specify the procedures which will be followed in the handling and
				  consideration of all applications for a minor development permit, including
				  response to receipt of an application for a major development permit.
(c) The LPO shall maintain a record of all
				  applications, correspondence, public notices, responses from public notices,
				  and a copy of the final disposition for all permit applications whether issued
				  or denied.
(d) The LPO, in handling
				  of all minor development permit applications, shall use a numbering system
				  developed by the Coastal Resources Commission in consultation with local
				  government.
(e) The local
				  government implementation and enforcement plan submitted to the Commission
				  shall state how the local government will coordinate its review of minor
				  development permits with all other local permits and approvals.
Authority
					 G.S.
					 113A-117(c);
Eff. November 1, 1984;
Readopted Eff. March 1,
					 2023.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0509 - NOTICE OF CIVIL ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
Local Permit Officers shall notify the Division of Coastal
					 Management of any civil action undertaken by or against them under the Coastal
					 Area Management Act as soon as they become aware of such
					 action.
Authority
					 G.S.
					 113A-117;
					 113A-126(b);
Eff. November 1, 1984;
Amended Eff. June 1, 2006; May 1,
					 1990;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0510 - COMMISSION REVIEW AND ACCEPTANCE OF THE LOCAL IMPLEMENTATION AND ENFORCEMENT PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
The local implementation and enforcement plan adopted by
					 any local permit-letting agency shall be submitted to the Commission for
					 review. The Commission shall evaluate the proposed local implementation and
					 enforcement plan as required in
					 G.S.
					 113A-117(c) and shall assess
					 the plan in terms of the local land use plan, the CAMA Land Use Planning
					 Guidelines described in
					 15A NCAC
					 07B .0100, and the Coastal Area Management
					 Act.
Authority
					 G.S.
					 113A-117(c);
					 113A-124;
Eff.
					 November 1, 1984;
Amended Eff. October 1, 1988;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS › Section 07I .0511 - COMMITMENT TO ADOPT LOCAL MANAGEMENT PLAN AS ORDINANCE

Current through Register Vol. 39, No. 2, July 15, 2024
In order for the Commission to approve a local
					 implementation and enforcement program the local governing body shall enter
					 into a commitment to accept the local management plan as part of the city or
					 county code of ordinances within a three-month period.
Authority
					 G.S.
					 113A-111;
					 113A-117(c);
Eff. November 1, 1984;
Readopted Eff. March 1,
					 2023.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0600 - AMENDMENT OF LOCAL IMPLEMENTATION AND ENFORCEMENT PLAN › Section 07I .0601 - NOTICE AND PUBLIC HEARING REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Amendment of the local implementation and enforcement plan
					 shall follow the notice and public hearing requirements set forth in the
					 Coastal Area Management Act and rules of this Section pertaining to the
					 adoption of the original program.
Authority
					 G.S.
					 113A-117(b);
Eff. November 1, 1984;
Amended Eff. December 1, 1991;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0600 - AMENDMENT OF LOCAL IMPLEMENTATION AND ENFORCEMENT PLAN › Section 07I .0602 - COASTAL RESOURCES COMMISSION APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
An amendment of a local implementation and enforcement plan
					 shall be submitted to the Coastal Resources Commission for approval in the same
					 manner in which the original plan is submitted.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0700 - FAILURE TO ENFORCE AND ADMINISTER A LOCAL IMPLEMENTATIONAND ENFORCEMENT PLAN › Section 07I .0701 - SANCTION FOR VIOLATIONS BY THE LOCAL PERMIT LETTING AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the local permit-letting agency
				  fails to administer or enforce the local implementation and enforcement plan
				  submitted to and approved by the Commission, the Commission shall:
(1) notify the local permit-letting agency in
				  writing that it is in violation of the provisions of its local implementation
				  and enforcement plan and specify the grounds for such charges of
				  violations;
(2) inform the local
				  permit-letting agency of specific deficiencies in administration and
				  enforcement;
(3) inform the local
				  permit-letting authority of its opportunity to request a hearing before the
				  Commission at which time it may make any presentation or present any arguments
				  relevant to the issue raised in the Commission letter to the local agency. The
				  Commission may at its sole discretion allow for public comment at the
				  hearing.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT › Section .0700 - FAILURE TO ENFORCE AND ADMINISTER A LOCAL IMPLEMENTATIONAND ENFORCEMENT PLAN › Section 07I .0702 - WHEN AN ACTION EXCEEDS THE LOCAL AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
When the local permit-letting agency exceeds the scope and
					 extent of its authority, which is limited to consideration of applications
					 proposing minor development as defined in the Coastal Area Management Act, that
					 action shall be null, void and of no effect. The determinations of the
					 commission shall be binding on the local permit-letting agency as to questions
					 of such jurisdiction.
Authority
					 G.S.
					 113A-118(e);
					 113A-120(c);
					 113A-124(c)(5);
Eff. November 1, 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0100 - DEFINITIONS › Section 07J .0101 - STATUTORY DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All definitions set out in
					 G.S.
					 113A-100 through -128 and in
					 G.S.
					 113-229 apply herein.
Authority
					 G.S.
					 113-229;
					 113A-103(5)(a);
					 113A-118;
					 113A-124;
Eff. March
					 15, 1978;
Amended Eff. November 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.