North Carolina Administrative Code

15A NCAC 07B .0216 PLAN REVIEW AND APPROVAL History Note: Authority G.S. 113A-110; 113A-124; Eff. November 1, 1984; Recodified from 15A NCAC 7B .0210 Eff. January 1, 1996; Amended Eff. January 1, 1996; Repealed Eff. August 1, 2002.

15A NCAC 07B .0506 REVIEW AND APPROVAL History Note: Authority G.S. 113A-107(a); 113A-124; Eff. January 1, 1996; Repealed Eff. August 1, 2002.

15A NCAC 07B .0507 OFFICIAL COPY OF PLAN History Note: Authority G.S. 113A-107(a); 113A-124; Eff. September 1, 1979; Amended Eff. November 1, 1989; Recodified from 15A NCAC 7B .0506 Eff. January 1, 1996; Amended Eff. January 1, 1996; Repealed Eff. August 1, 2002.

SECTION .0600 - INTRODUCTION 15a ncac 07b .0601 AUTHORITY This Subchapter establishes the rules that local governments shall follow in developing and adopting a land use plan or comprehensive plan, hereinafter referred to as "the plan", that meets the Coastal Resources Commission…

15a ncac 07b .0602 EXAMPLES History Note: Authority G.S. 113A-107(a); 113A-110; 113A-124; Eff. August 1, 2002; Expired Eff. September 1, 2015 pursuant to G.S. 150B-21.3A.

SECTION .0700 – LAND USE PLANNING REQUIREMENTS 15a ncac 07b .0701 PLANNING OPTIONS (a) Each county within the coastal area may prepare and adopt a land use plan or comprehensive plan, hereinafter referred to as "the plan", that meets the planning requirements adopted by the Coast…

15A NCAC 07B .0702 LAND USE PLAN ELEMENTS (a) Organization of the Plan. The land use plan or comprehensive plan, hereinafter referred to as "the plan", shall include a matrix that shows the location of the required elements as set forth in this Rule. (b) Community Concerns and As…

SECTION .0800 –LAND USE PLAN AND AMENDMENT REVIEW AND CERTIFICATION 15A NCAC 07B .0801 STATE REVIEW AND COMMENT ON DRAFT PLAN The Division of Coastal Management shall review all draft land use plans or comprehensive plans, hereinafter referred to as plans, for consistency with th…

15A NCAC 07B .0802 PUBLIC HEARING AND LOCAL ADOPTION REQUIREMENTS (a) Notice of Public Hearing. The local government shall provide the Secretary or his or her designee written notice of the public hearing for local adoption and a copy of the proposed land use plan or comprehensiv…

15a ncac 07b .0803 certification AND USE OF THE PLAN (a) Certification of Plans and Amendments: This Rule outlines the certification procedures and conditions for locally adopted land use plans or comprehensive plans, hereinafter referred to as "the plan," or plan amendments. The…

15A NCAC 07B .0804 REQUIRED PERIODIC IMPLENTATION STATUS REPORTS Jurisdictions with a locally adopted and certified land use plan shall submit an Implementation Status Report to the Division of Coastal Management every two years from the date of initial certification by the CRC. …

SECTION .0900 – CAMA LAND USE PLAN AMENDMENTS 15a ncac 07b .0901 CAMA LAND USE PLAN AMENDMENTS History Note: Authority G.S. 113A-107(a); 113A-110; 113A-124; Eff. August 1, 2002; Amended Eff. November 1, 2009; February 1, 2006; Expired Eff. September 1, 2015 pursuant to G.S. 150B-…

15A NCAC 07D .0105 STANDARD FORMAT FOR LAND USE PLAN History Note: Authority G.S. 113A-110; Eff. February 1, 1976; Repealed Eff. May 20, 1980.

15A NCAC 07E .0105 PERMIT ISSUANCE AND TRANSFER History Note: Authority G.S. 113A-124(c)(5); 113A-118(c); 113A-119(a); Eff. October 15, 1981; Repealed Eff. November 1, 1984.

15a ncac 07h .0104 APPLICATION OF EROSION RATE SETBACK FACTORS History Note: Authority G.S. 113A-107; 113A-113; 113A-124; Eff. September 15, 1979; Amended Eff. August 1, 2010; April 1, 2004; April 1, 1997; April 1, 1995; May 1, 1990; November 1, 1988; September 1, 1988; Readopted…

15A NCAC 07H .0105 EFFECTIVE DATE OF RULE AMENDMENTS Unless explicitly stated otherwise, the Coastal Resources Commission guidelines for Areas of Environmental Concern and local land use plans in effect at the time of permit decision shall be applied to all development proposals …

15A NCAC 07H .0106 GENERAL DEFINITIONS The following definitions apply whenever these terms are used in this Chapter: (1) "Normal High Water" is the ordinary extent of high tide based on site conditions such as presence and location of vegetation which has its distribution influe…

SECTION .0200 – THE ESTUARINE AND OCEAN SYSTEMS 15A nCAC 07H .0201 ESTUARINE AND OCEAN SYSTEM CATEGORIES Included within the estuarine and ocean system are the following AEC categories: (a) estuarine waters; (b) coastal wetlands; (c) public trust areas; and (d) estuarine and publ…

15A NCAC 07H .0202 SIGNIFICANCE OF THE SYSTEMS APPROACH IN ESTUARIES History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-124; Eff. September 9, 1977; Amended Eff. August 1, 1998; Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

15A NCAC 07H .0203 MANAGEMENT OBJECTIVE OF THE ESTUARINE AND OCEAN SYSTEM It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of …

15A NCAC 07H .0204 AECS WITHIN THE ESTUARINE AND OCEAN SYSTEM History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-124; Eff. September 9, 1977; Amended Eff. August 1, 1998; Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

15A NCAC 07H .0205 COASTAL WETLANDS (a) Definition. "Coastal Wetlands" are defined as any salt marsh or other marsh subject to regular or occasional flooding by tides, including wind tides, that reach the marshland areas through natural or artificial watercourses, provided this d…

15A NCAC 07H .0206 ESTUARINE WATERS (a) Definition. "Estuarine Waters" are defined in G.S. 113A-113(b)(2) to include all the waters of the Atlantic Ocean within the boundary of North Carolina and all the waters of the bays, sounds, rivers and tributaries thereto seaward of the di…

15A NCAC 07H .0207 PUBLIC TRUST AREAS (a) Definition. "Public trust areas" are all waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject to measurable lunar tides and lan…

15A NCAC 07H .0208 USE STANDARDS (a) General Use Standards (1) Uses that are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and…

15A NCAC 07H .0209 COASTAL SHORELINES (a) Description. The Coastal Shorelines category includes the estuarine shorelines and public trust shorelines Area of Environmental Concern (AEC). (1) Estuarine shorelines AEC are those non-ocean shorelines extending from the normal high wat…

SECTION .0300 - OCEAN HAZARD AREAS 15A NCAC 07H .0301 OCEAN HAZARD CATEGORIES The Ocean Hazard categories of AECs encompass the natural hazard areas along the Atlantic Ocean shoreline where, because of their vulnerability to erosion or other adverse effects of sand, wind, and wat…

15A NCAC 07H .0302 SIGNIFICANCE OF THE OCEAN HAZARD CATEGORY (a) Hazards associated with ocean shorelines are due to the constant forces exerted by waves, winds, and currents upon the unstable sands that form the shore. During storms, these forces are intensified and can cause ch…

15A NCAC 07H .0303 MANAGEMENT OBJECTIVE OF OCEAN HAZARD AREAS (a) The CRC recognizes that absolute safety from the destructive forces of the Atlantic Ocean shoreline is an impossibility for development located adjacent to the coast. The loss of life and property to these forces, …

15A NCAC 07H .0304 AECS WITHIN OCEAN HAZARD AREAS The ocean hazard AECs contain all of the following areas: (1) Ocean Erodible Area. This is the area where there exists a substantial possibility of excessive erosion and significant shoreline fluctuation. The oceanward boundary of…

15A NCAC 07H .0305 DefINITION AND DESCRIPTION OF LANDFORMS This Rule describes natural and man-made features that are found within the ocean hazard area of environmental concern. (1) Ocean Beaches. Ocean beaches are lands consisting of unconsolidated soil materials that extend fr…

15A NCAC 07h .0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS (a) In order to protect life and property, all development not otherwise specifically exempted or allowed by law or elsewhere in the Coastal Resources Commission's rules shall be located according to whichever of the…

15A NCAC 07H .0307 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a; 113A-113(b)(6)b; 113A-113(b)(6)d; Eff. September 9, 1977; Amended Eff. January 24, 1978; Repealed Eff. September 15, 1979.

15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS (a) For purposes of this Rule, the following definitions apply: (1) "Adverse impact", " adverse impacts", "adverse effects", or similar formulations, are defined as an effect or impact that is opposed to the goals o…

15A NCAC 07H .0309 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS (a) The following types of development shall be permitted seaward of the oceanfront setback requirements of Rule .0306(a) of this Section if all other provisions of this Subchapter and other state and local regul…

15A NCAC 07H .0310 USE STANDARDS FOR INLET HAZARD AREAS (a) Inlet Hazard Areas of Environmental Concern as defined by Rule .0304 of this Section are subject to inlet migration, rapid and severe changes in watercourses, flooding and strong tides. Due to the extremely hazardous nat…

15A NCAC 07H .0311 INSTALLATION AND MAINTENANCE OF SAND FENCING (a) Sand fencing may only be installed for the purpose of building sand dunes by trapping windblown sand, for the protection of the dune(s) and vegetation (planted or existing). (b) Sand fencing shall not impede exis…

15A NCAC 07H .0312 TECHNICAL STANDARDS FOR BEACH FILL PROJECTS Placement of sediment along the oceanfront shoreline is referred to in this Rule as "beach fill." Sediment used solely to establish or strengthen dunes shall conform to the standards contained in 15A NCAC 07H .0308(c)…

15A NCAC 07H .0313 USE STANDARDS FOR STATE PORTS INLET MANAGEMENT AREAS (a) Development within State Ports Inlet Management Areas are defined by Rule .0304 of this Section in accordance with the standards in this Rule. (b) All development in the State Ports Inlet Management Areas…

SECTION .0400 - PUBLIC WATER SUPPLIES 15A NCAC 07H .0401 PUBLIC WATER SUPPLY CATEGORIES Public water supply AECs include the following categories: valuable small surface water supply watersheds and public water supply well fields. History Note: Authority G.S. 113A-107(a); 113A-10…

15A NCAC 07H .0402 SIGNIFICANCE (a) These vulnerable, critical water supplies, if degraded, could adversely affect public health or require substantial monetary outlays by affected communities for alternative water source development. (b) Uncontrolled development within the desig…

15A NCAC 07H .0403 MANAGEMENT OBJECTIVE FOR PUBLIC WATER SUPPLIES The CRC objective in regulating development within critical water supply areas is the protection and preservation of public water supply well fields and A-II streams and to coordinate and establish a management sys…

15A NCAC 07H .0404 AECS WITHIN PUBLIC WATER SUPPLIES History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 113A-124; Eff. September 9, 1977; Amended Eff. May 1, 1990; November 1, 1984; January 24, 1978; Repealed Eff. June 1, 2021.

15A NCAC 07H .0405 SMALL SURFACE WATER SUPPLY WATERSHEDS (a) Description. Small surface water supply watersheds are catchment areas situated only within the coastal area which contain a water body classified as WS-III by the Environmental Management Commission. These bodies of wa…

15A NCAC 07H .0406 PUBLIC WATER SUPPLY WELL FIELDS (a) Description. Public water supply well fields are areas of well-drained sands that extend downward from the surface into the shallow ground water table that supplies the public with potable water. These surficial well fields a…

SECTION .0500 - NATURAL AND CULTURAL RESOURCE AREAS 15A NCAC 07H .0501 GENERAL The fourth and final group of AECs is gathered under the heading of fragile coastal natural and cultural resource areas and is defined as areas containing environmental, natural or cultural resources o…

15A NCAC 07H .0502 SIGNIFICANCE (a) Fragile coastal natural resource areas are generally recognized to be of educational, scientific, or cultural value because of the natural features of the particular site. These features in the coastal area serve to distinguish the area designa…

15A NCAC 07H .0503 NOMINATION AND DESIGNATION PROCEDURES (a) Special Designation Process. The nomination and designation of a coastal complex natural area, a unique coastal geologic formation, a coastal area that sustains remnant species, a significant coastal archaeological reso…

15A NCAC 07H .0504 AECS WITHIN CATEGORY History Note: Authority G.S. 113A-107(a),(b); 113A-113(b)(4) e., f., g., and h.; 113A-124; Eff. September 9, 1977; Amended Eff. December 1, 1991; June 1, 1979; RRC objection September 16, 2022 and rule returned to agency on December 7, 2022…

15A NCAC 07H .0505 COASTAL AREAS THAT SUSTAIN REMNANT SPECIES (a) Description. Coastal areas that sustain remnant species are those areas that support native plants or animals determined to be rare or endangered (synonymous with threatened and endangered), within the coastal area…