CRC Actions from August 2011
At its Aug. 2011 meeting, the CRC:
In the case of Busik v. DCM, rejected the decision of the Administrative Law Judge that DCM incorrectly interpreted 15A NCAC 07H.0306 regarding the definition of total floor area as used to calculate oceanfront setbacks. The CRC found that the ALJ incorrectly determined that for purposes of determining an oceanfront setback, the total floor area of all structures and buildings should be added together rather than adopting DCM’s interpretation that the total floor area of each separate structure or building determines the setback for that structure or building.
Granted a variance to Sugar Creek II, LLC, who sought a variance from the CRC’s 30-foot estuarine shoreline buffer rule in order to construct a 16-foot by 24-foot pergola at a restaurant in Nags Head.
Certified a Land Use Plan Amendment for Brunswick County.
Certified a Land Use Plan for the City of Jacksonville.
Approved the Fiscal Analysis for 15A NCAC 7H .0304 AECs Within Ocean Hazard Areas.
Approved the Fiscal Analysis for 15A NCAC 7K .0214 Installation and Maintenance of Regulatory Signs and Markers Exempted.
Approved the Fiscal Analysis for 15A NCAC 7H .0312 Technical Standards for Beach Fill Projects.
Approved for public hearing amendments to 15A NCAC 07H .0304 AECs Within Ocean Hazard Areas, to remove the 100-year storm recession line from the calculation used to determine the Ocean Erodible Area AEC.
Approved the 2011-2013 Coastal Habitat Protection Plan Implementation Plan.
Directed staff to develop suggested amendments to the CRC’s sandbag rules to extend the time limit to 8-years while maintaining the spirit of public access to the beach. The rule language should incorporate staff’s recommendations about including language “for a community actively pursuing beach nourishment.”