North Carolina Administrative Code

15A NCAC 07H .0506 COASTAL COMPLEX NATURAL AREAS (a) Description. Coastal complex natural areas are defined as lands that support native plant and animal communities and provide habitat qualities which have remained essentially unchanged by human activity. Such areas may be eithe…

15A NCAC 07H .0507 UNIQUE COASTAL GEOLOGIC FORMATIONS (a) Description. Unique coastal geologic formations are defined as sites that contain geologic formations that are unique or otherwise significant components of coastal systems, or that are especially notable examples of geolo…

15A NCAC 07H .0508 JOCKEY'S RIDGE AREA OF ENVIRONMENTAL CONCERN (a) Designation. Given the status of Jockey's Ridge as a State Park, State Nature Preserve, complex natural area, and an area containing a unique geological formation as identified by the State Geologist, the Coastal…

15A NCAC 07H .0509 SIGNIFICANT COASTAL ARCHAEOLOGICAL RESOURCES (a) Description. Significant coastal archaeological resources are defined as areas that contain archaeological remains (objects, features, and/or sites) that have more than local significance to history or prehistory…

15A NCAC 07H .0510 SIGNIFICANT COASTAL HISTORIC ARCHITECTURAL RESOURCES (a) Description. Significant coastal historic architectural resources are defined as districts, structures, buildings, sites or objects that have more than local significance to history or architecture. Such …

SECTION .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECS 15A NCAC 07H .0601 NO VIOLATION OF ANY RULE History Note: Authority G.S. 113A-107(a),(b); 113A-124; Eff. September 9, 1977; RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.

15A NCAC 07H .0602 POLLUTION OF WATERS No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially closed to the ta…

15A NCAC 07H .0603 MINIMUM ALTITUDES History Note: Authority G.S. 113A-107(a),(b); Eff. March 1, 1990; RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.

15A NCAC 07H .0604 NOISE POLLUTION History Note: Authority G.S. 113A-107(a),(b); Eff. March 1, 1990; RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.

SECTION .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND RIPRAP REVETMENTS FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS 15A NCAC 07H .1101 PURPOSE A permit for construction of bulkheads and riprap revetments under this Section shall…

15A NCAC 07H .1102 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and request approval for development. (b) The applicant shall provide: (1) provide site location, dimensions of the project area, an…

15A NCAC 07H .1103 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00) for riprap revetments. The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00) for bulkheads. Permit fees shall be paid by check or money …

15A NCAC 07H .1104 GENERAL CONDITIONS (a) This permit authorizes only the construction of bulkheads and riprap revetments conforming to the standards in this Section. (b) Individuals shall allow authorized representatives of the Department of Environmental Quality to make inspect…

15A NCAC 07H .1105 SPECIFIC CONDITIONS (a) Along shorelines void of wetland vegetation: (1) New bulkheads shall have an average approximation of normal high water or normal water level. The bulkhead position shall not exceed a distance of five feet waterward of normal high water …

SECTION .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING FACILITIES: IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS 15A NCAC 07H .1201 PURPOSE A permit under this Section shall allow the construction of piers and docking facilities, including pile support…

15A NCAC 07H .1202 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and request approval for development. (b) The applicant shall provide: (1) the site location, dimensions of the project area and nam…

15A NCAC 07H .1203 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00) by check or money order payable to the Department of Environmental Quality. History Note: Authority G.S. 113-229; 113A-107; 113A-118.1; 113A-119; 113A-119.1; 113A-124…

15A NCAC 07H .1204 GENERAL CONDITIONS (a) Piers and docking facilities authorized by the general permit set forth in this Section shall be for the exclusive use of the land owner or occupant and shall not be leased, rented, or used for any commercial purpose. Piers and docking fa…

15A NCAC 07H .1205 SPECIFIC CONDITIONS (a) Piers and docking facilities may extend or be located up to a maximum of 400 feet waterward from the normal high water line or the normal water level, whichever is applicable. (b) Piers and docking facilities shall not extend beyond the …

section .1300 – general permit to construct boat ramps along estuarine and public trust shorelines and into estuArine and public trust waters 15A NCAC 07H .1301 PURPOSE A person requesting the construction of boat ramps along estuarine and public trust shorelines and into Estuari…

15A NCAC 07H .1302 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management at the Regional Office indicated on the map located at https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40…

15A NCAC 07H .1303 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00) by check or money order payable to the Department of Environmental Quality. History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113A-119.1; 113A…

15A NCAC 07H .1304 GENERAL CONDITIONS (a) Structures authorized by this permit shall be non-commercial boat ramps constructed of acceptable material and conforming to the standards herein. (b) Permittees shall allow authorized representatives of the Department of Environmental Qu…

15A NCAC 07H .1305 SPECIFIC CONDITIONS (a) Boat ramps shall be no wider than 15 feet and shall not extend more than 20 feet waterward of the normal high water level or normal water level. (b) Excavation and ground disturbing activities above and below the normal high water level …

SECTION .1400 - GENERAL PERMIT FOR CONSTRUCTION OF GROINS IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS 15A NCAC 07H .1401 PURPOSE A person requesting the construction of groins in the Estuarine and Public Trust Waters AECs shall apply for a General Permit according…

15A NCAC 07H .1402 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management at the Regional Office indicated on the map located at https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40…

15A NCAC 07H .1403 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00) by check or money order payable to the Department of Environmental Quality. History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113A-119.1; 113A…

15A NCAC 07H .1404 GENERAL CONDITIONS (a) Structures authorized by a General Permit in this Section shall be timber, sheetpile, or riprap groins. (b) Permittees shall allow authorized representatives of the Department of Environmental Quality to make inspections at any time in or…

15A NCAC 07H .1405 SPECIFIC CONDITIONS (a) Groins shall be perpendicular to the shoreline and shall not extend more than 25 feet waterward of the normal high water or normal water level. (b) Riprap groins shall not exceed a base width of 10 feet. (c) Groins shall be set back at l…

SECTION .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO EXISTING CANALS, CHANNELS, BASINS, OR DITCHES IN ESTUARINE WATERS, PUBLIC TRUST WATERS, AND COASTAL SHORELINE AECS 15A NCAC 07H .1501 PURPOSE A person requesting excavation within or connecting to existing cana…

15A NCAC 07H .1502 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management at the Regional Office indicated on the map located at https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40…

15A NCAC 07H .1503 APPLICATION FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00) for maintenance excavation up to 1,000 cubic yards. Permit fees shall be paid by check or money order payable to the Department of Environmental Quality. History…

15A NCAC 07H .1504 GENERAL CONDITIONS (a) Permittees shall allow representatives of the Department of Environmental Quality to make inspections at any time to ensure that the activity being performed under authority of the General Permit set forth in this Section is in accordance…

15A NCAC 07H .1505 SPECIFIC CONDITIONS Proposed maintenance excavation shall meet each of the following specific conditions to be eligible for authorization by this general permit. (1) New basins shall be allowed only when they are located entirely in highground and join existing…

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 15A NCAC 07H .1601 PURPOSE A person requesting the installation of utility line…

15A NCAC 07H .1602 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management at the Regional Office indicated on the map located at https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40…

15A NCAC 07H .1603 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00) by check or money order payable to the Department of Environmental Quality. History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113A-119.1; 113-…

15A NCAC 07H .1604 GENERAL CONDITIONS (a) Utility lines for the purpose of this General Permit are any pipes or pipelines for the transportation of potable water, domestic sanitary sewage, natural gas, and any cable, line, or wire for the transmission, of electrical energy, telep…

15A NCAC 07H .1605 SPECIFIC CONDITIONS Proposed utility line installations shall meet each of the following specific conditions to be eligible for authorization by this General Permit: (1) All domestic sanitary sewer line requests must be accompanied by a statement of prior appro…

SECTION .1700 - GENERAL PERMIT FOR EMERGENCY WORK REQUIRING A CAMA AND/OR A DREDGE AND FILL PERMIT 15A NCAC 07H .1701 PURPOSE This permit allows work necessary to protect property or prevent further damage to property caused by a sudden or unexpected natural event or structural f…

15A NCAC 07H .1702 APPROVAL PROCEDURES (a) Any person wishing to undertake development in an area of environmental concern necessary to protect life or endangered structures will notify the Division of Coastal Management or Local Permit Office (LPO) when a possible emergency situ…

15A NCAC 07H .1703 PERMIT FEE The agency shall not charge a fee for permitting work necessary to respond to emergency situations except in the case when a temporary erosion control structure is used. In those cases, the applicant shall pay a permit fee of four hundred seventy-fou…

15A NCAC 07H .1704 GENERAL CONDITIONS (a) Work permitted by means of an emergency general permit shall be subject to the following limitations: (1) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal Management representative so that t…

15A NCAC 07H .1705 SPECIFIC CONDITIONS (a) Temporary Erosion Control Structures in the Ocean Hazard AEC. (1) Permittable temporary erosion control structures shall be limited to sandbags placed landward of mean high water and parallel to the shore. (2) Temporary erosion control s…

SECTION .1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZING IN THE OCEAN HAZARD AEC 15A NCAC 07H .1801 PURPOSE This permit will allow beach bulldozing needed to reconstruct or repair dune systems, as defined in Rule .0305 of this Subchapter. For the purpose of this general permit, "…

15A NCAC 07H .1802 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and request approval for development. (b) The applicant shall provide: (1) the site location, dimensions of the project area, and th…

15A NCAC 07H .1803 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00) by check or money order payable to the Department. History Note: Authority G.S. 113-229(c1); 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113A-119.1; Eff. December 1,…

15A NCAC 07H .1804 GENERAL CONDITIONS (a) This General Permit shall not be applicable to proposed construction where the Division of Coastal Management has determined, based on an initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary bec…

15A nCAC 07H .1805 SPECIFIC CONDITIONS (a) The area where beach bulldozing is being performed shall maintain a slope that follows the pre-emergency slopes as closely as possible so as not to endanger the public or the public's use of the beach. The movement of material by a bulld…

section .1900 – general permit to allow for temporary stRuctures within THE ESTUARINE and ocean SYSTEMS aecs 15A NCAC 07H .1901 PURPOSE A permit under this Section shall allow for the placement of temporary structures within the estuarine and ocean systems AECs according to the p…