only within Urban Waterfronts as set out below. (i) Existing structures over coastal wetlands, estuarine waters or public trust areas may be used for commercial non-water dependent purposes provided that the structure promotes, fosters, enhances or accommodates public benefit. Commercial, non-water dependent uses shall be limited to restaurants and retail services. Residential uses, lodging and new parking areas shall be prohibited. (ii) For the purposes of this Rule, existing enclosed structures may be replaced and or and/or expanded vertically provided that vertical expansion does not exceed the original footprint of the structure, is limited to one additional story over the life of the structure structure, and is consistent with local requirements or limitations. (iii) New structures built for dependent purposes are limited to pile-supported, single-story, unenclosed decks and boardwalks, and shall meet the following criteria: (I) The proposed development shall provide for enhanced public access to the shoreline; (II) Structures may be roofed but shall not be enclosed by partitions, plastic sheeting, screening, netting, lattice or solid walls of any kind and shall be limited to a single story; (III) Structures shall be pile supported and require no filling of coastal wetlands, estuarine waters or public trust areas; (IV) Structures shall not extend more than 20 feet waterward of the normal high water level or normal water level; (V) Structures shall be elevated at least three feet over the wetland substrate as measured from the bottom of the decking; (VI) Structures shall have no more than six feet of any dimension extending over coastal wetlands; (VII) Structures shall not interfere with access to any riparian property and shall have a minimum setback of 15 feet between any part of the structure and the adjacent property owners' areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. The minimum setback provided in the rule may be waived by the written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are co-applicants. Should the adjacent property be sold before construction
of the structure commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the permitting agency prior to initiating any development; (VIII) Structures shall be consistent with the US Army Corps of Engineers setbacks along federally authorized waterways; (IX) Structures shall have no significant adverse impacts on fishery resources, water quality or adjacent wetlands and there must be no reasonable alternative that would avoid wetlands. Significant adverse impacts include the development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water level, or cause degradation of shellfish beds; (X) Structures shall not degrade waters classified as SA or High Quality Waters or Outstanding Resource Waters as defined by the NC Environmental Management Commission; (XI) Structures shall not degrade Critical Habitat Areas or Primary Nursery Areas as defined by the NC Marine Fisheries Commission; and (XII) Structures shall not pose a threat to navigation. Authority G.S. 113A-107(b); 113A-108; 113A-113(b); SECTION .0300 OCEAN HAZARD AREAS 15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS (a) Ocean Shoreline Erosion Control Activities: (1) Use Standards Applicable to all Erosion Control Activities: (A) All oceanfront erosion response activities shall be consistent with the general policy statements in 15A NCAC 07M .0200. (B) Permanent erosion control structures may cause significant adverse impacts on the value and enjoyment of adjacent properties or public access to and use of the ocean beach, and, therefore, are prohibited. Such structures include bulkheads, seawalls, revetments, jetties, groins and breakwaters. (C) Rules concerning the use of oceanfront erosion response measures apply to all oceanfront properties without regard to the size of the structure on the property or the date of its construction. (D) All permitted oceanfront erosion response projects, other than beach bulldozing and temporary placement of sandbag structures, shall demonstrate sound engineering for their planned purpose. (E) Shoreline erosion response projects shall not be constructed in beach or estuarine areas that sustain substantial habitat for fish and wildlife species, as identified by natural resource agencies during project review, unless mitigation measures are incorporated into project design, as set forth in Rule .0306(i) of this Section.