North Carolina Administrative Code

15A NCAC 07H .1902 APPROVAL PROCEDURES (a) The applicant shall contact the Division of Coastal Management at the address provided in 15A NCAC 07A .0101 and complete an application requesting approval for development. For temporary structures associated with scientific research, p…

15A NCAC 07H .1903 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(c1); 113A-107; 113A-118.1; 113A-119; 113A-119.1; 113A…

15A NCAC 07H .1904 GENERAL CONDITIONS (a) Temporary structures for the purpose of this general permit are those which are constructed or installed within the estuarine and ocean system AECs and because of their dimensions or functions cannot be authorized by another General Permi…

15A NCAC 07H .1905 SPECIFIC CONDITIONS Proposed temporary structures shall meet each of the following specific conditions to be eligible for authorization by the general permit: (1) All aspects of the structure shall be removed and the site returned to pre-project conditions at t…

SECTION .2000 - GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS AND REPAIR TO EXISTING PIER/MOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS and ocean hazard areas 15A NCAC 07H .2001 PURPOSE A person requesting reconfiguration, minor modifications, repair, or improvemen…

15A NCAC 07H .2002 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 .2003 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-118.1; 113A-119; 113A-119.1; 113A-124; Eff. Oc…

15A NCAC 07H .2004 GENERAL CONDITIONS (a) Permittees shall allow authorized representatives of the Department of Environmental Quality to make inspections at any time in order to ensure that the activity being performed under the authority of the General Permit set forth in this …

15A NCAC 07H .2005 SPECIFIC CONDITIONS (a) All proposed work must be carried out within the existing footprint of the development with no increase in the number of slips and no change in the existing use. "Existing footprint" is defined as the area delineated by the outer most li…

Section .2100 - GENERAL PERMIT FOR CONSTRUCTION OF SHEETPILE SILL FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS 15A NCAC 07H .2101 PURPOSE Persons seeking to construct offshore parallel sheetpile sills constructed from timber, vinyl, or stee…

15A NCAC 07H .2102 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 .2103 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00). This fee shall be paid by check or money order made payable to the Department of Environmental Quality. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-119; …

15A NCAC 07H .2104 GENERAL CONDITIONS (a) Permittees shall allow authorized representatives of the Department of Environmental Quality to make inspections at any time in order to ensure that the activity being performed under authority of this General Permit set forth in this Sec…

15A NCAC 07H .2105 SPECIFIC CONDITIONS (a) The sill shall be positioned no more than 20 feet waterward of the normal high water or normal water level or 20 feet waterward of the waterward edge of existing wetlands at any point along its alignment. For narrow waterbodies (canals, …

SECTION .2200 – GENERAL PERMIT FOR CONSTRUCTION OF FREESTANDING MOORINGS AND BIRD NESTING POLES IN ESTUARINE WATERS AND PUBLIC TRUST AREAS AND OCEAN HAZARD AREAS 15A NCAC 07H .2201 PURPOSE Persons wishing to place freestanding moorings or bird nesting poles in the Estuarine Water…

15A NCAC 07H .2202 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 .2203 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00). This fee shall be paid by check or money order made payable to the Department of Environmental Quality. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-119; …

15A NCAC 07H .2204 GENERAL CONDITIONS (a) A "freestanding mooring" is any means to attach a ship, boat, vessel, floating structure, or other water craft to a stationary underwater device, mooring buoy, buoyed anchor, or piling (as long as the piling is not associated with an exis…

15A NCAC 07H .2205 SPECIFIC CONDITIONS (a) Freestanding moorings and bird nesting poles may be located up to a maximum of 400 feet from the mean high water line or the normal water line. (b) Freestanding moorings in no case shall extend more than 1/4 the width of a natural water …

SECTION .2300 - GENERAL PERMIT FOR REPLACEMENT OF EXISTING BRIDGES AND CULVERTS IN ESTUARINE WATERS, ESTUARINE AND PUBLIC TRUST SHORELINES, PUBLIC TRUST AREAS, AND COASTAL WETLANDS 15A NCAC 07H .2301 PURPOSE A person wishing to replace existing bridges and culverts in estuarine w…

15A NCAC 07H .2302 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 .2303 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00). This fee shall be paid by inter-departmental fund transfer, check, or money order made payable to the Department of Environmental Quality. History Note: Authority G.…

15A NCAC 07H .2304 GENERAL CONDITIONS (a) Projects authorized by this permit shall be demolition, removal, and replacement of existing bridges and culverts along the existing alignment and conforming to the standards in this Rule. This permit shall be applicable only to single br…

15A NCAC 07H .2305 SPECIFIC CONDITIONS (a) This general permit is applicable to bridge replacement projects spanning no more than 400 feet of estuarine water, public trust area, and coastal wetland AECs. (b) Existing roadway deck width shall not be expanded to create additional l…

Section .2400 - GENERAL PERMIT FOR PLACEMENT OF RIPRAP REVETMENTS FOR WETLAND PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS 15A NCAC 07H .2401 PURPOSE Persons wishing to construct riprap revetments for wetland protection in estuarine and public trust waters, immediately adjacen…

15A NCAC 07H .2402 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 .2403 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00). This fee shall be paid by check or money order made payable to the Department of Environmental Quality. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-119; …

15A NCAC 07H .2404 GENERAL CONDITIONS (a) This permit authorizes only the construction of wetland protection structures conforming to the standards herein. (b) Permittees shall allow authorized representatives of the Department of Environmental Quality to make inspections at any …

15A NCAC 07H .2405 SPECIFIC CONDITIONS (a) This General Permit shall only be applicable along shorelines possessing wetlands, which exhibit an identifiable escarpment. (b) The structure shall be constructed of granite, marl, riprap, concrete without exposed rebar, or other suitab…

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 OR FRONTAL DUNE SYSTEMS, AND THE MAINTENANCE EXCAVATION OF EXISTING CAN…

15A NCAC 07h .2502 APPROVAL PROCEDURES (a) The applicant must contact the Division of Coastal Management and request approval for structural replacement, dune reconstruction, or maintenance excavation. (b) The applicant shall provide: (1) the site location, dimensions of the proj…

15A NCAC 07H .2503 PERMIT FEE The standard permit fee of four hundred seventy-four dollars ($474.00) has been waived for this General Permit. History Note: Authority G.S. 113A-107; 113A-118(f); 113A-118.1; 113A-119; 113A-119.1; 113A-124; Temporary Adoption Eff. October 2, 1999; T…

15a ncac 07h .2504 GENERAL CONDITIONS (a) This permit shall only become available following a written statement by the Secretary that, based upon hurricane or tropical storm related damage, implementation of the provisions of this Section are warranted. (b) Based upon an examinat…

15A ncac 07h .2505 SPECIFIC CONDITIONS (a) The replacement of a damaged or destroyed structure shall take place within the footprint and dimensions that existed immediately prior to the damaging hurricane or tropical storm. No structural enlargement or additions shall be allowed.…

SECTION .2600 – GENERAL PERMIT FOR CONSTRUCTION OF MITIGATION BANKS AND IN-LIEU FEE MITIGATION PROJECTS 15A NCAC 07H .2601 PURPOSE Persons seeking to construct mitigation banks and in-lieu fee mitigation projects shall apply for a General Permit according to the rules in this Sec…

15A NCAC 07H .2602 APPROVAL PROCEDURES (a) The applicant 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=1a5881ec85ca40679988982e02665b51 and request approval fo…

15A NCAC 07H .2603 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00). This fee shall be paid by check or money order made payable to the Department of Environmental Quality. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-119.1…

15A NCAC 07H .2604 GENERAL CONDITIONS (a) The permit in this Section authorizes only those activities associated with the construction of mitigation banks and in-lieu fee mitigation projects. (b) Permittees shall allow representatives of the Department of Environmental Quality to…

15A NCAC 07H .2605 SPECIFIC CONDITIONS (a) The General Permit in this Section shall be applicable only for the construction of mitigation banks or in-lieu fee mitigation projects. (b) No excavation or filling of any submerged aquatic vegetation shall be authorized by this general…

SECTION .2700 – GENERAL PERMIT FOR THE CONSTRUCTION OF MARSH SILLS 15A NCAC 07H .2701 PURPOSE Persons seeking to construct marsh sills for wetland enhancement and shoreline stabilization in estuarine and public trust waters shall apply for a General Permit according to the rules …

15A NCAC 07H .2702 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 .2703 PERMIT FEE The applicant shall pay a permit fee of four hundred seventy-four dollars ($474.00). This fee shall be paid by check or money order made payable to the Department of Environmental Quality. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-119; …

15A NCAC 07H .2704 GENERAL CONDITIONS (a) Permittees shall allow authorized representatives of the Department of Environmental Quality (DEQ) to make inspections at any time in order to ensure that the activity being performed under authority of this General Permit set forth in th…

15A NCAC 07H .2705 SPECIFIC CONDITIONS (a) A General Permit issued pursuant to this Section shall be applicable only for the construction of marsh sill structures built in conjunction with existing, created, or restored wetlands. Planted wetland vegetation shall consist only of n…

SUBCHAPTER 07I - SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT SECTION .0100 - PURPOSE 15A NCAC 07I .0101 AUTHORITY History Note: Authority G.S. 113A-112; 113A-124; Eff. December 10, 1977; Amended…

15A NCAC 07I .0102 POLICY The purpose of these criteria is to establish the means and procedures by which local governments may request and receive the funds necessary to implement locally developed Coastal Area Management Act implementation and enforcement programs. These provis…

15A NCAC 07I .0203 ELIGIBILITY: FUNDING LEVEL History Note: Authority G.S. 113A-112; 113A-124; Eff. December 10, 1977; Repealed Eff. August 1, 1978.

15A NCAC 07I .0204 LOCAL ORDINANCE REQUIRED Each local government applying for an implementation and enforcement plan grant shall have adopted local ordinance(s) necessary to give effect to the local implementation and enforcement plan that has been approved by the Commission for…

15A NCAC 07I .0205 ACCOUNTABILITY In general, local governments that are subgrantees of federal and state funds administered by the Department of Environment, Health, and Natural Resources will be subject to accounting techniques and procedures similar to those applicable to the …

15A NCAC 07I .0206 FUTURE FUNDING History Note: Authority G.S. 113A-112; 113A-124; Eff. December 10, 1977; Amended Eff. June 1, 2006; May 1, 1990; Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.