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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Coastal Management - Current Rules Governing Coastal Development

Coastal Management


Current Rules Governing Coastal Management

Note: The rules posted below are public record under chapter 132 of the North Carolina General Statutes. Anyone who alters, defaces, mutilates or destroys them shall be guilty of a misdemeanor and, upon conviction, subject to fines.

The date at the bottom of each page of these rules is not the effective date. For effective dates, see history notes at the end of each section. For information about obtaining official copies of the rules, please contact the Office of Administrative Hearings at 919-431-3000.

These rules are in PDF format, which requires Adobe Acrobat Reader or compatible software to download. If you do not have Acrobat Reader on your computer, you may download it free from Adobe's Web site.

NORTH CAROLINA ADMINISTRATIVE CODE
TITLE 15A, CHAPTER 7, COASTAL MANAGEMENT

Subchapter 7A - Organization and Duties

.0001 Division of Coastal Management
.0002 Coastal Resources Commission (Repealed)
.0003 Committees (Repealed)
.0004 Coastal Resources Advisory Council (Repealed)

Subchapter 7B - Land Use Planning Guidelines (complete rule text in PDF format)

Section .0100 - Introduction to Land Use Planning (Repealed)

Section Section .0200 - Land Use Plan (Repealed)

Section .0300 - Guidelines for Proposed Areas of Environmental Concern (Repealed)

Section.0400 - Land Use Plan Amendment Process (Repealed)

Section.0500 - Land Use Plan Update Process (Repealed)

Section .0600 - Introduction
.0601 Authority
.0602 Examples

Section .0700 - CAMA Land Use Planning Requirements
.0701 Planning Options
.0702 Elements of CAMA Core and Advanced Core Land Use Plans

Section .0800 - CAMA Land Use Plan Review and CRC Certification
.0801 Public Hearing and Local Adoption Requirements
.0802 Presentation to Coastal Resources Commission for Certification

Section .0900 - CAMA Land Use Plan Amendments
.0901 CAMA Land Use Plan Amendments

Subchapter 7C - Grant Criteria and Procedures for First-phase Coastal Resources Planning (REPEALED)

Subchapter 7D - General Standards of Review for Land Use Plans (REPEALED)

Subchapter 7E - Criteria for Local Enforcement and Implementation Plans (REPEALED)

Subchapter 7F - Interim Areas of Environmental Concern (REPEALED)

Subchapter 7G - Notice of Requirement of the Interim Area of Environmental Concern Program (REPEALED)

Subchapter 7H - State Guidelines for Areas of Environmental Concern (complete rule text in PDF format)

Section .0100 - Introduction and General Comments
.0101 Introduction
.0102 CAMA Provisions for AECs
.0103 Selection of Proposed Areas for AEC Designation
.0104 Development Initiated Prior to Effective Date of Revisions
.0105 Effective Date of Rule Amendments
.0106 General Definitions

Section .0200 - The Estuarine System
.0201 Estuarine System Categories
.0202 Significance of the Systems Approach in Estuaries
.0203 Management Objective of the Estuarine System
.0204 AECs Within the Estuarine System
.0205 Coastal Wetlands
.0206 Estuarine Waters
.0207 Public Trust Areas
.0208 Use Standards
.0209 Estuarine Shorelines

Section .0300 - Ocean Hazard Areas
.0301 Ocean Hazard Categories
.0302 Significance of the Ocean Hazard Category
.0303 Management Objective of Ocean Hazard Areas
.0304 AECs Within Ocean Hazard Areas
.0305 General Identification and Description of Landforms
.0306 General Use Standards For Ocean Hazard Areas
.0307 Use Standards For Ocean Hazard Areas: Exceptions (REPEALED)
.0308 Specific Use Standards For Ocean Hazard Areas
.0309 Use Standards For Ocean Hazard Areas: Exceptions
.0310 Use Standards For Inlet Hazard Areas
.0311 Installation and Maintenance of Sand Fencing
.0312 Technical Standards for Beach Fill Projects

Section .0400 - Public Water Supplies
.0401 Public Water Supply Categories
.0402 Significance
.0403 Management Objective for Public Water Supplies
.0404 AECs Within Public Water Supplies
.0405 Small Surface Water Supply Watersheds
.0406 Public Water Supply Well Fields

Section .0500 - Natural and Cultural Resource Areas
.0501 General
.0502 Significance
.0503 Nomination and Designation Procedures
.0504 AECs Within Category
.0505 Coastal Areas that Sustain Remnant Species
.0506 Coastal Complex Natural Areas
.0507 Unique Coastal Geologic Formations
.0508 Use Standards
.0509 Significant Coastal Archaeological Resources
.0510 Significant Coastal Historic Architectural Resources

Section .0600 - Development Standards Applicable to All AECs
.0601 No Violation of Any Rule
.0602 Pollution of Waters
.0603 Minimum Altitudes
.0604 Noise Pollution

Section .0700 - Technical Appendix1: Definitions for Public Trust Areas (Repealed)
.0701 Mean High Water
.0702 Mean Water Level

Section .0800 - Technical Appendix 2: Ocean Hazard Areas (Repealed)
.0801 Physical Processes in Ocean Hazard Areas
.0802 Dynamic Equilibrium
.0803 Beaches
.0804 Sand Dunes
.0805 Sediment Transport
.0806 Inlets
.0807 Washover Areas

Section .0900 - Technical Appendix 3: Inlet Lands (Repealed)
.0901 Identification Procedure for Inlet Lands
.0902 Designation of Non-Stabilized Inlets

Section .1000 - Technical Appendix 4: Public Water Supplies (Repealed)
.1001 Small Surface Water Supply Watersheds
.1002 Public Water Supply Well Fields
.1003 Bibliography

Section .1100 - General Permit for Construction of Bulkheads and the Placement of Riprap for Shoreline Protection in Estuarine and Public Trust Waters
.1101 Purpose
.1102 Approval Procedures
.1103 Permit Fee
.1104 General Conditions
.1105 Specific Conditions

Section .1200 - General Permit for Construction of Piers: Docks: and Boat Houses in Estuarine and Public Trust Waters
.1201 Purpose
.1202 Approval Procedures
.1203 Permit Fee
.1204 General Conditions
.1205 Specific Conditions

Section .1300 - General Permit to Maintain: Repair and Construct Boat Ramps Along Estuarine Shoreliens and Into Estuarine and Public Trust Waters
.1301 Purpose
.1302 Approval Procedures
.1303 Permit Fee
.1304 General Conditions
.1305 Specific Conditions

Section .1400 - General Permit for Construction of Groins in Estuarine and Public Trust Waters and Ocean Hazard Areas
.1401 Purpose
.1402 Approval Procedures
.1403 Permit Fee
.1404 General Conditions
.1405 Specific Conditions

Section .1500 - General Permit for Excavation Within or Connecting to Existing Canals: Channels: Basins: or Ditches in Estuarine Waters: Public Trust Waters: and Estuarine Shoreline AECs
.1501 Purpose
.1502 Approval Procedures
.1503 Application Fee
.1504 General Conditions
.1505 Specific Conditions

Section .1600 - General Permit for the Installation of Aerial and Subaqueous Utility Lines With Attendant Structures in Coastal Wetlands: Estuarine Waters: Public Trust Waters and Estuarine Shorelines
.1601 Purpose
.1602 Approval Procedures
.1603 Permit Fee
.1604 General Conditions
.1605 Specific Conditions

Section .1700 - General Permit for Emergency Work Requiring a CAMA and/or a Dredge and Fill Permit
.1701 Purpose
.1702 Approval Procedures
.1703 Permit Fee
.1704 General Conditions
.1705 Specific Conditions

Section .1800 - General Permit to Allow Beach Bulldozing Landward of the Mean High Water Mark in the Ocean Hazard AEC
.1801 Purpose
.1802 Approval Procedures
.1803 Permit Fee
.1804 General Conditions
.1805 Specific Conditions

Section .1900 - General Permit to Allow For Temporary Structures Within Estuarine and Ocean Hazard AECs
.1901 Purpose
.1902 Approval Procedures
.1903 Permit Fee
.1904 General Conditions
.1905 Specific Conditions

Section .2000 - General Permit for Authorizing Minor Modifications and Repair to Existing Pier/Mooring Facilities In Estuarine and Public Trust Waters
.2001 Purpose
.2002 Approval Procedures
.2003 Permit Fee
.2004 General Conditions
.2005 Specific Conditions

Section .2100 - General Permit for Construction of Sheetpile Sill for Shoreline Protection in Estuarine and Public Trust Waters and Ocean Hazard Areas
.2101 Purpose
.2102 Approval Procedures
.2103 Permit Fee
.2104 General Conditions
.2105 Specific Conditions

Section .2200 - General Permit for Construction Of Freestanding Moorings in Estuarine Waters and Public Trust Areas
.2201 Purpose
.2202 Approval Procedures
.2203 Permit Fee
.2204 General Conditions
.2205 Specific Conditions

Section .2300 - General Permit for Replacement of Existing Bridges and Culverts in Estuarine Waters, Estuarine Shorelines, Public Trust Areas, and Coastal Wetlands
.2301 Purpose
.2302 Approval Procedures
.2303 Permit Fee
.2304 General Conditions
.2305 Specific Conditions

Section .2400 - General Permit for Placement of Riprap Revetments for Wetland Protection in Estuarine and Public Trust Waters
.2401 Purpose
.2402 Approval Procedures
.2403 Permit Fee
.2404 General Conditions
.2405 Specific Conditions

Section .2500 - Emergency General Permit, To Be Initiated at the Discretion of the Secretary of the Department of Environment and Natural Resources, for Replacement of Structures, the Reconstruction of Primary and Frontal Dune Systems, and the Maintenance Excavation of Existing Canals, Basins, Channels, or Ditches, Damaged, Destroyed, or Filled In By Hurricanes or Tropical Storms, Provided All Replacement, Reconstruction and Maintenance Excavation Activities Conform To All Current Standards
.2501 Purpose
.2502 Approval Procedures
.2503 Permit Fee
.2504 General Conditions
.2505 Specific Conditions

Section .2600 – General Permit for Construction of Wetland, Stream and Buffer Mitigation Sites By the North Carolina Ecosystem Enhancement Program or the North Carolina Wetlands Restoration Program
.2601 Purpose
.2602 Approval Procedures
.2603 Permit Fee
.2604 General Conditions
.2605 Specific Conditions

Section .2700 – General Permit for the Construction of Riprap Sills for Wetland Enhancement in Estuarine and Public Trust Waters
.2701 Purpose
.2702 Approval Procedures
.2703 Permit Fee
.2704 General Conditions
.2705 Specific Conditions

Subchapter 7I - Secretary's Grant Criteria and Procedures for Local Implementation and Enforcement Programs Under the Coastal Area Management Act

Section .0100 - Purpose
.0101 Authority
.0102 Policy

Section .0200 - Policy and Standards
.0201 Value of Coastal Resources
.0202 Multi-Unit Programs
.0203 Eligibility: Funding Level (Repealed)
.0204 Local Ordinance Required
.0205 Accountability
.0206 Future Funding

Section .0300 - Application Procedures
.0301 Application Form (Repealed)
.0302 Application Process
.0303 Reserved (Repealed)
.0304 Reserved (Repealed)
.0305 Grant Administration
.0306 Grant Conditions

Section .0400 - Generally Applicable Standards
.0401 Program Costs
.0402 Ineligible Activities
.0403 Computations (Repealed)
.0404 Designated Local Official (Repealed)
.0405 Permit Projections (Repealed)
.0406 Application Fees
.0407 Grant Consistency
.0408 Grant Administration (Repealed)

Section .0500 - Local Implementation and Enforcement Plans
.0501 Purpose
.0502 Definitions
.0503 Adoption
.0504 Record of Hearings and Comments
.0505 Content of Plan
.0506 Allocation of Authority
.0507 Local Permit Officer
.0508 Consideration of Application By Permit Officer
.0509 Notice of Civil Action
.0510 Commission Review and Acceptance of the Local Plan
.0511 Commitment to Adopt Local Management Plan as Ordinance

Section .0600 - Amendment ofLocal Management Plan
.0601 Notice and Public Hearing Requirement
.0602 Coastal Resources Commission Approval

Section .0700 - Failure to Enforce and Administer Plan
.0701 Sanction for Violations By the Local Permit-Letting Agency
.0702 When An Action Exceeds the Local Authority

Subchapter 7J - Procedures for Handling Major Development Permits: Variance Requests: Appeals from Minor Development Permit Decisions: and Declaratory Rulings (complete rule text in PDF format)

Section .0100 - Definitions
.0101 Statutory Definitions
.0102 General Definitions

Section .0200 - Application Process
.0201 Permit Required
.0202 Permit Applications
.0203 Preparation of Work Plats
.0204 Processing the Application
.0205 Acceptance of an Application (Repealed)
.0206 Public Notice of the Proposed Development
.0207 Agency Review/Comments: Major Development/Dredge and Fill
.0208 Permit Conditions
.0209 Issuance of Permits
.0210 Replacement of Existing Structures
.0211 Non-conforming Development

Section .0300 - Hearing Procedure
.0301 Who Is Entitled To a Contested Case Hearing
.0302 Petition For Contested Case Hearing
.0303 Contested Case Hearing Procedures
.0304 Venue (Repealed)
.0305 Burden of Proof
.0306 Action Pending Final Decision
.0307 Pre-Hearing Conferences (Repealed)
.0308 Presentation of Evidence(Repealed)
.0309 Conduce of the Hearing (Repealed)
.0310 Procedures for Application Hearings: (Repealed)
.0311 Post Hearing Procedures(Repealed)
.0312 Settlement

Section .0400 - Final Approval and Enforcement
.0401 Final Decision
.0402 Criteria For Grant or Denial of Permit Applications
.0403 Development Period/Commencement/Continuation
.0404 Development Period Extension
.0405 Permit Modification: Major Development/Dredge and Fill
.0406 Permit Issuance and Transfer
.0407 Project Maintenance: Major Development/Dredge and Fill
.0408 Violation of a Permit (Repealed)
.0409 Civil Penalties
.0410 Restoration/Mitigation

Section .0500 - General Permits
.0501 Development Initiated Prior to March 1, 1978
.0502 Uncontested Permit Applications(Repealed)

Section .0600 - Declaratory Rulings and Petitions for Rulemaking
.0601 Declaratory Rulings: Generally
.0602 Procedure for Requesting Declaratory Rulings
.0603 Procedures: Considering Requests for Declaratory Rulings
.0604 Federal Activities
.0605 Petitions for Rulemaking

Section .0700 - Expedited Procedures for Considering Variance Petitions
.0701 Variance Petitions
.0702 Staff Review of Variance Petitions
.0703 Procedures for Deciding Variance Petitions

Section .0800 - Dredge and Fill: Permit Processing Procedure: Standard (Repealed)
.0801 Definitions
.0802 Application Forms
.0803 Preparation of Work Plats: General
.0804 Preparation of Work Plats: Specific
.0805 Adjacent Riparian Landowner Notification
.0806 Application Processing
.0807 Field Investigation
.0808 Agency Review/Comments
.0809 Criteria For Project Planning and Evaluation
.0810 Final Action
.0811 Notice of Denial
.0812 Appeal of Departmental Action
.0813 Permit Issuance and Transfer
.0814 Permit Expiration
.0815 Permit Renewal
.0816 Permit Modification
.0817 Permit Conditions
.0818 Project Maintenance
.0819 Maintenance Request
.0820 Conditions for Maintenance
.0821 Grant or Denial of Maintenance Request
.0822 Violation of Permit

Section .0900 - Dredge and Fill: Emergency Permit Procedure (Repealed)
.0901 Purpose
.0902 Definitions
.0903 Initiation of Emergency Process: On-Site Investigation
.0904 Procedures for Exempting Emergency Maintenance: Repairs
.0905 Applicability of Emergency Dredge and Fill Permits
.0906 Preparation of Emergency Dredge and Fill Permit Application
.0907 Notification of Adjacent Riparian Landowners
.0908 Review and Issuance of Emergency Dredge and Fill Permit
.0909 Limitation of Emergency Work

Section .1000 - Dredge and Fill: Review Hearing Procedures (Repealed)
.1001 Who is Entitled to Hearing
.1002 Commission Authority
.1003 Hearing Clerk
.1004 Hearing Officer
.1005 Request for Hearing
.1006 Time for Hearing
.1007 Venue
.1008 Parties
.1009 Intervention
.1010 Notice
.1011 Hearing Open to Public
.1012 Pre-Hearing Conference
.1013 Simplification of Issues
.1014 Stipulations
.1015 Subpeonas
.1016 Depositions and Discovery
.1017 Burden of Proof
.1018 No Ex Parte Communication: Exceptions
.1019 Presentation of Evidence
.1020 Conduct of the Hearing
.1021 Post Hearing Procedure
.1022 Decision
.1023 Record of Department Action and Hearing
.1024 Judicial Review

Section .1100 - General Permit Procedure
.1101 Purpose
.1102 Categories of Development
.1103 Designation Procedures
.1104 Permit Modification
.1105 Application Procedures
.1106 Permit Conditions
.1107 Permit Compliance
.1108 General Permit Review

Section .1200 - Static Vegetation Line Exception Procedures
.1201 Requesting the Static Line Exception
.1202 Review of the Static Line Exception Request
.1203 Procedures for Approving the Static Line Exception
.1204 Review of the Large-Scale Beach-Fill Project and Approved Static Line Exceptions
.1205 Revocation and Expiration of the Static Line Exception
.1206 Local Governments and Communities With Static Vegetation Lines and Static Line Exceptions

Subchapter 7K - Activities In Areas of Environmental Concern Which Do Not Require a CAMA Permit (complete rule text in PDF format)

Section .0100 - Activities Not Considered Development
.0101 Statutory Exceptions From the Definition of Development
.0102 Small Ditches Not Considered Development (Repealed)
.0103 Maintenance and Repair

Section .0200 - Classes of Minor Maintenance and Improvements Which Shall Be Exempted From the CAMA Major Development Permit Requirement
.0201 General Guidelines
.0202 Exemption: Projects Requiring Dredge: Fill: State Easement
.0203 Private Bulkheads: Riprap: and Piers Exempted
.0204 Exemptions for Projects Requiring Air Quality Permit
.0205 Exemptions for Projects Requiring the NPDES
.0206 Small Ditches Exempted
.0207 Structural Accessways Over Frontal Dunes Exempted
.0208 Single Family Residences Exempted
.0209 Exemption/Accessory Uses: Maintenance: Repair: Replacement
.0210 Nomination Categories Excluded: Minor Permit Exemption
.0211 Jockey's Ridge AEC
.0212 Installation and Maintenance of Sand Fencing
.0213 Single Family Residences Exempted From the CAMA Permit Requirements Within the High Hazard Flood AEC

Section .0300 - Classes of Minor Maintenance and Improvements Which Shall Be Exempted from the CAMA Minor Development Permit Requirement (Repealed)
.0301 Application of General Standards
.0302 Criteria for Exemption: Minor Development Permit
.0303 Accessory Uses Excluded
.0304 Repair or Replacement
.0305 Emergency Maintenance and Repair
.0306 Nomination Categories Excluded: Minor Development Exempt
.0307 Private Bulkheads: Riprap: and Piers Exempted
.0308 Structural Accessways Over Frontal Dunes Exempted
.0309 Single Family Residences Exempted

Section .0400 - Classes of Federal Agency Activities Exempted From the Permit Requirement
.0401 Maintenance of Federal Navigation Channels
.0402 Federal Agency Activities Exempted

   Subchapter 7L - Local Planning and Management Grants

Section .0100 - Purpose and Authority
.0101 Authority
.0102 Purpose

Section .0200 - General Standards
.0201 Eligible Applicants
.0202 Priorities for Funding
.0203 Eligible Projects
.0204 Project Duration
.0205 Consistency With Plans and Guidelines
.0206 Relation to Other Funding

Section .0300 - Application Process
.0301 Application Form
.0302 Submittal
.0303 Procedure for Preliminary Approval or Disapproval
.0304 Assistance in Completing Applications

Section .0400 - Grant Administration
.0401 Contract Agreement
.0402 Accountability
.0403 Payment
.0404 Progress Reports and Grant Monitoring
.0405 Project Completion Report

Section .0500 General Standards
.0501 Eligible Applicants
.0503 Priorities for Funding CAMA Land Use Plans and Implementation Projects
.0504 Eligible Projects
.0505 Scoping of Planning Needs
.0506 Public Participation
.0507 Minimum CAMA Land Use Planning and Funding Requirements
.0508 State Technical Assistance, Review and Comment on Preliminary Draft Plan
.0509 Intergovernmental Coordination
.0510 Public Hearing and Local Adoption Requirements
.0511Required Periodic Implementation Status Reports
.0512 Sustainable Communities Component of the Planning Program
.0513 Project Duration

Section .0600 - Application Process
.0601 Application Form
.0602 Assistance in Completing Applications and Submittal
.0603 Procedure for Approval or Disapproval

Section .0700 - Grant Administration
.0701 Contract Agreement
.0702 Progress Reports and Grant Monitoring
.0703 Payment
.0704 Project Completion Report
.0705 Accountability

Subchapter 7M - General Policy Guidelines for the Coastal Area

Section .0100 - Purpose and Authority
.0101 Authority
.0102 Purpose

Section .0200 - Shoreline Erosion Response Policies
.0201 Declaration of General Policy
.0202 Policy Statements

Section .0300 - Shorefront Access Policies
.0301 Declaration of General Policy
.0302 Definitions
.0303 Guidelines for Public Access
.0304 Local Participation Requirements: Beach Access Program (Repealed)
.0305 Mandatory Public Notice(Repealed)
.0306 Local Government and State Involvement in Access
.0307 Eligible Applicants/Grant Selection Criteria
.0308 Public Involvement/Notice
.0309 Compliance with the North Carolina Environmental Policy Act

Section .0400 - Coastal Energy Policies
.0401 Declaration of General Policy
.0402 Definitions
.0403 Policy Statements

Section .0500 - Post-Disaster Policies
.0501 Declaration of General Policy
.0502 Definitions
.0503 Policy Statements

Section .0600 - Floating Structure Policies
.0601 Declaration of General Policy
.0602 Definitions
.0603 Policy Statements

Section .0700 - Mitigation Policy
.0701 Declaration of General Policy
.0702 Definitions
.0703 Mitigation Candidacy
.0704 Policy Statements
.0705 Review Procedures

Section .0800 - Coastal Water Quality Policies
.0801 Declaration of General Policy
.0802 Policy Statements

Section .0900 - Policies on Use of Coastal Airspace
.0901 Declaration of General Policy
.0902 Policy Statements

Section .1000 - Policies on Water and Wetland Based Target Areas for Military Training Activities
.1001 Declaration of General Policy
.1002 Policy Statements

Section .1100 - Policies on Beneficial Use and Availability of Materials Resulting From the Excavation or Maintenance of Navigational Channels
.1101 Declaration of General Policy
.1102 Policy Statements

Section .1200 - Policies on Ocean Mining
.1201 Declaration of General Policy
.1202 Policy Statements

Subchapter 7N - Coastal Energy Impact Program Grants (Repealed)

Subchapter 7O - North Carolina Coastal Reserve

Section .0100 - General Provisions
.0101 Statement of Purpose
.0102 Definitions as Use in this Subchapter
.0103 Responsibilities: Duties of Coastal Reserve Program
.0104 State and Local Coastal Reserve Advisory Committees
.0105 Reserve Components

Section .0200 - Management: Use and Protection of the North Carolina Coastal Reserve
.0201 Management Plan
.0202 Reserve Use Requirements

 

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