North Carolina Administrative Code

15A NCAC 03Q .0106 APPLICABILITY OF RULES: JOINT FISHING WATERS (a) All coastal fishing laws and regulations administered by the Department of Environmental Quality and the Marine Fisheries Commission apply to joint fishing waters except as otherwise provided in this Section and …

15A NCAC 03Q .0107 SPECIAL REGULATIONS: JOINT FISHING WATERS The following shall supersede any inconsistent rules of the Marine Fisheries Commission or the Wildlife Resources Commission that would otherwise be applicable in joint fishing waters under the provisions of 15A NCAC 03…

15A NCAC 03Q .0108 MANAGEMENT RESPONSIBILITY FOR ESTUARINE STRIPED BASS IN JOINT FISHING WATERS (a) The management areas for estuarine striped bass fisheries in coastal North Carolina are designated in 15A NCAC 03R .0201. (b) In order to effectively manage the recreational hook a…

15A NCAC 03Q .0109 IMPLEMENTATION OF ESTUARINE STRIPED BASS MANAGEMENT PLANS: RECREATIONAL FISHING The Marine Fisheries and Wildlife Resources Commissions shall implement their respective striped bass management plans for recreational fishing pursuant to their respective rule-mak…

SECTION .0200 - BOUNDARY LINES: COASTAL-JOINT-INLAND FISHING WATERS 15a ncac 03q .0201 SPECIFIC CLASSIFICATION OF WATERS The boundary lines of internal coastal waters which are specifically classified as inland, joint, or coastal fishing waters by agreement of the Marine Fisherie…

15A NCAC 03Q .0202 descrIptive boundaries for coastal-joint-inland waters Descriptive boundaries for Coastal-Joint-Inland Waters referenced in 15A NCAC 03Q .0201 are as follows: (1) Beaufort County: (a) Pamlico - Tar River - Inland Waters west and Coastal Waters east of a line be…

SUBCHAPTER 03R - DESCRIPTIVE BOUNDARIES SECTION .0100 - DESCRIPTIVE BOUNDARIES 15a ncac 03r .0101 SEA TURTLE SANCTUARY The sea turtle sanctuary referenced in 15A NCAC 03I .0107 is in the Atlantic Ocean adjacent to Onslow County. It is bounded by a line beginning near the easternm…

15A NCAC 03R .0102 MILITARY DANGER ZONES AND RESTRICTED AREAS The designated military danger zones and restricted areas referenced in 15A NCAC 03I .0110(b) are delineated in the following areas: (1) Currituck Sound: (a) In the vicinity of North Landing River, the waters within a …

15A NCAC 03R .0103 PRIMARY NURSERY AREAS The primary nursery areas referenced in 15A NCAC 03N .0104 are delineated in the following coastal water areas: (1) In the Roanoke Sound Area: (a) Shallowbag Bay: (i) Dough Creek - northeast of a line beginning on the west shore at a point…

15A NCAC 03R .0104 PERMANENT SECONDARY NURSERY AREAS The permanent secondary nursery areas referenced in 15A NCAC 03N .0105(a) are delineated in the following coastal water areas: (1) Roanoke Sound: Inner Shallowbag Bay - west of a line beginning on the northeast shore at a point…

15A NCAC 03R .0105 SPECIAL SECONDARY NURSERY AREAS The special secondary nursery areas referenced in 15A NCAC 03N .0105(b) are designated in the following coastal water areas: (1) Roanoke Sound: (a) Outer Shallowbag Bay - west of a line beginning on Baum Point at a point 35° 55.1…

15A NCAC 03R .0106 TRAWL NETS PROHIBITED The trawl net prohibited areas referenced in 15A NCAC 03J .0104 (b)(4) are delineated in the following coastal water areas: (1) In Pamlico, Core and Back sounds - within the area described by a line beginning at a point 35° 43.7457' N - 75…

15A NCAC 03R .0107 DESIGNATED POT AREAS (a) The pot areas referenced in 15A NCAC 03J .0301(a)(2)(A) are delineated in the following Coastal Fishing Waters: (1) In Albemarle and Currituck sounds and tributaries. (2) In Roanoke Sound and tributaries. (3) In Croatan Sound and tribut…

15A NCAC 03R .0108 MECHANICAL METHODS PROHIBITED TO TAKE OYSTERS The dredges and mechanical methods prohibited areas to take oysters referenced in 15A NCAC 03K .0204 are delineated in the following Internal Coastal Waters: (1) In Roanoke Sound and tributaries, south of a line beg…

15a ncac 03r .0109 TAKING CRABS WITH DREDGES The area referenced in 15A NCAC 03L .0203 is described by a line beginning near Roanoke Marshes Light at a point 35º 48.6649' N - 75º 42.0503' W; running southwesterly to a point 35º 47.7480' N – 75º 43.9320' W; running southerly to a …

15a ncac 03r .0110 CRAB SPAWNING SANCTUARIES The crab spawning sanctuaries referenced in 15A NCAC 03L .0205 are delineated in the following coastal fishing waters: (1) in Areas from Barden Inlet and North: (a) in the Oregon Inlet Area: beginning at a point on the Atlantic Ocean s…

15a ncac 03r .0111 PURSE SEINES PROHIBITED The areas referenced in 15A NCAC 03J .0105(b)(1) are delineated in the following coastal fishing waters of the Atlantic Ocean: (1) in the Atlantic Ocean within an area bounded by a line extending from a point near the Bald Head Lighthous…

15A NCAC 03R .0112 ATTENDED GILL NET AREAS (a) The attended gill net areas referenced in 15A NCAC 03J .0103(g) are delineated in the following areas: (1) Pamlico River, west of a line beginning at a point 35° 27.5768' N - 76° 54.3612' W on Ragged Point; running southwesterly to a…

15A NCAC 03R .0113 POUND NET SET PROHIBITED AREAS The pound net set prohibited areas referenced in 15A NCAC 03J .0502 are delineated in the following coastal water areas of Core Sound: (1) The area described by a line beginning at a point 34° 58.9130' N - 76° 15.0878' W on the sh…

15A NCAC 03R .0114 SHRIMP TRAWL PROHIBITED AREAS The shrimp trawl prohibited areas referenced in 15A NCAC 03L .0103(e) are delineated in the following Internal Coastal Waters: (1) Pungo River - all waters upstream of a line from a point 35° 23.3166' N - 76° 34.4833' W at Wades Po…

15A NCAC 03R .0115 ANADROMOUS FISH SPAWNING AREAS The anadromous fish spawning areas as defined in 15A NCAC 03I .0101 and referenced in 15A NCAC 03N .0106 are delineated in the following Internal Coastal Waters: (1) Currituck Sound Area: (a) Northwest River - all waters of the No…

15A NCAC 03R .0116 DESIGNATED SEED OYSTER MANAGEMENT AREAS The Seed Oyster Management Areas referenced in 15A NCAC 03K .0208 are delineated in the following coastal water areas: (1) Croatan Sound and tributaries: Cedar Bush Bay Seed Oyster Management Area, within the area describ…

15A NCAC 03R .0117 OYSTER SANCTUARIES The Oyster Sanctuaries referenced in 15A NCAC 03K .0209 are delineated in the following Coastal Fishing Waters: (1) Pamlico Sound area: (a) Croatan Sound: within the area described by a line beginning at a point 35° 48.2842' N - 75° 38.3360' …

15A NCAC 03R .0118 Crab harvest MANAGEMENT areas The areas referenced in 15A NCAC 03L .0201(a) and (b) are delineated in the following coastal fishing waters: (1) Northern Region: All Coastal Fishing Waters of the state north and east of a line extending southeast from the Highwa…

15A NCAC 03R .0119 OCEAN ARTIFICIAL REEFS The Ocean Artificial Reefs referenced in 15A NCAC 03J .0404 are delineated in the following Coastal Fishing Waters of the Atlantic Ocean: (1) AR-160: within the circular area described by a center point at 35° 43.8880' N - 75° 26.7710' W …

SECTION .0200 – FISHERY MANAGEMENT AREAS 15A NCAC 03R .0201 STRIPED BASS MANAGEMENT AREAS (a) The Albemarle Sound Management Area is designated as Albemarle Sound and all its joint and inland water tributaries, (except for the Roanoke, Middle, Eastmost and Cashie rivers), Curritu…

15A NCAC 03R .0202 RIVER HERRING MANAGEMENT AREAS (a) The Albemarle Sound River Herring Management Area referenced in 15A NCAC 03J .0209 is defined as the Coastal and Joint Fishing Waters of Albemarle, Currituck, Roanoke, Croatan and Pamlico sounds and all their joint water tribu…

Subchapter 03S – economic assistance to the fishing industry SECTION .0100 – ECONOMIC ASSISTANCE PROGRAMS 15A NCAC 03S .0101 GENERAL History Note: Authority G.S. 113-226, 143B-289.52(d); Temporary Adoption Eff. July 1, 2003; Temporary Rule Expired Eff. March 27, 2004; Eff. Octobe…

Chapter 04 - Sedimentation Control SUBCHAPTER 04A - SEDIMENTATION CONTROL COMMISSION ORGANIZATION 15A NCAC 04A .0101 OFFICES OF THE SEDIMENTATION CONTROL COMMISSION Persons may contact the North Carolina Sedimentation Control Commission offices at the Archdale Building, 512 N. Sa…

15A NCAC 04A .0105 DEFINITIONS In addition to the terms defined in G.S. 113A-52, the following definitions shall apply in this Chapter and have these meanings: (1) "Accelerated Erosion" means any increase over the rate of natural erosion, as a result of land-disturbing activities…

_ SUBCHAPTER 4B - EROSION AND SEDIMENT CONTROL 15A NCAC 04B .0101 AUTHORITY History Note: Authority G.S. 113A-54; 113A-64; Eff. February 1, 1976; Repealed Eff. November 1, 1984.

15A NCAC 04B .0104 DEFINITIONS History Note: Authority G.S. 113A-52; 113A-54; Eff. February 1, 1976; Amended Eff. March 14, 1980; January 31, 1979; July 1, 1978; Repealed Eff. November 1, 1984.

15A NCAC 04B .0105 PROTECTION OF PROPERTY Persons conducting land-disturbing activity shall follow the measures specified in this Chapter and the Act to protect all public and private property from sedimentation and erosion damage caused by the land-disturbing activities. History…

15A NCAC 04B .0106 BASIC EROSION AND SEDIMENTATION CONTROL PLAN OBJECTIVES An erosion and sedimentation control plan developed pursuant to this Chapter shall be designed to address the following: (1) Identify Critical Areas. Identify site areas subject to accelerated erosion, and…

15A NCAC 04B .0107 MANDATORY STANDARDS FOR LAND-DISTURBING ACTIVITY (a) No land-disturbing activity subject to these Rules shall be undertaken except in accordance with G.S. 113A-57 and the standards established in these Rules. (b) Unless where otherwise specified in the Act or t…

15A NCAC 04B .0108 DESIGN AND PERFORMANCE STANDARD Except where otherwise specified in this Chapter, erosion and sedimentation control measures, structures, and devices shall be planned, designed, and constructed to provide protection from the runoff of a 10-year storm that produ…

15A NCAC 04B .0109 StormWater OUTLET PROTECTION (a) Persons shall provide a design for the land-disturbing activity so that the post-construction velocity of the ten-year storm runoff in the receiving stormwater conveyance to, and including, the discharge point, does not exceed t…

15A NCAC 04B .0110 BORROW AND WASTE AREAS If the same person conducts the land-disturbing activity and any related borrow or waste activity, the related borrow or waste activity shall constitute part of the land-disturbing activity, unless the borrow or waste activity is regulate…

15A NCAC 04B .0111 ACCESS AND HAUL ROADS Except for public roads, temporary access and haul roads constructed or used in connection with any land-disturbing activity shall be considered a part of the activity. History Note: Authority G.S. 113A-54; Eff. February 1, 1976; Readopted…

15A NCAC 04B .0112 OPERATIONS IN LAKES OR NATURAL WATERCOURSES Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall minimize the extent and duration of disruption of the stream channel. Where relocation of a stream fo…

15A NCAC 04B .0113 RESPONSIBILITY FOR MAINTENANCE During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provisi…

15A NCAC 04B .0114 GUIDELINES FOR EROSION AND SEDIMENT CONTROL PRACTICES History Note: Authority G.S. 113A-54; 113A-64; Eff. February 1, 1976; Repealed Eff. November 1, 1984.

15A NCAC 04B .0115 ADDITIONAL MEASURES Whenever the Commission or a local government determines that accelerated erosion and sedimentation continues despite the installation of protective practices, they shall direct the person conducting the land-disturbing activity to take addi…

15A NCAC 04B .0116 EXISTING UNCOVERED AREAS History Note: Authority G.S. 113A-54; Eff. February 1, 1976; Amended Eff. October 1, 1995; February 1, 1992; May 1, 1990; November 1, 1984; Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

15A NCAC 04B .0117 STATEMENT OF FINANCIAL RESPONSIBILITY AND OWNERSHIP History Note: Authority G.S. 113A-54(b); Eff. February 1, 1976; Amended Eff. November 1, 1984; Repealed Eff. May 1, 1990.

15A NCAC 04B .0118 APPROVAL OF PLANS (a) Persons conducting land-disturbing activity on a tract that covers one or more acres shall file the erosion and sedimentation control plan with the local government having jurisdiction or with the Commission if no local government has juri…

15A NCAC 04B .0119 COMPLIANCE WITH PLAN REQUIREMENT History Note: Authority G.S. 113A-54(b); Eff. February 1, 1976; Amended Eff. November 1, 1984; Repealed Eff. August 1, 1988.

15A NCAC 04B .0120 INSPECTIONS AND INVESTIGATIONS (a) The Commission, Department of Environmental Quality, or local government may require written statements related to items including Notices of Violation (NOVs) or Stop-Work orders, or the filing of reports under oath, such as s…

15A NCAC 04B .0121 PENALTIES History Note: Authority G.S. 113A-54; 113A-64; Eff. February 1, 1976; Repealed Eff. November 1, 1984.

15A NCAC 04B .0122 SEVERABILITY CLAUSE If any of these provisions are held invalid or unenforceable, all of the other provisions shall nevertheless continue in full force and effect. History Note: Authority G.S. 113A-54; Eff. February 1, 1976; Amended Eff. November 1, 1984; Pursu…