North Carolina Administrative Code

SECTION .0300 - APPLICATION PROCEDURES 15A NCAC 07I .0301 APPLICATION FORM History Note: Authority G.S. 113A-112; 113A-124; Eff. December 10, 1977; Repealed Eff. August 1, 1978.

15A NCAC 07I .0302 APPLICATION PROCESS (a) An application form is not required for local governments having entered into previous agreements with the Department for reimbursement under this Rule. Local governments intending to establish local implementation and enforcement progra…

15A NCAC 07I .0305 GRANT ADMINISTRATION (a) Reimbursement shall be made quarterly upon submittal of composite records after the last day of the last month of the quarter. Composite records will include each minor permit applicant's name, the date of the application, the date of p…

15A NCAC 07I .0306 GRANT CONDITIONS (a) All contracts shall provide notice of any conditions which affect the quarterly grant payments. (b) The following conditions shall apply: (1) Per permit reimbursements shall only be made after certification is received by the Secretary (fro…

SECTION .0400 - GENERALLY APPLICABLE STANDARDS 15A NCAC 07I .0401 PROGRAM COSTS (a) Costs associated with the management of a local Implementation and Enforcement Program shall be recovered on a per permit basis unless specified elsewhere in this Section. (b) The per permit reimb…

15A NCAC 07I .0402 INELIGIBLE ACTIVITIES (a) Costs not associated with CAMA permit letting are ineligible for reimbursement. (b) The following costs are not ineligible: (1) the costs of local appeal, (2) attorneys fees, (3) bookkeeping or accountant costs, (4) fines and penalties…

15A NCAC 07I .0403 COMPUTATIONS History Note: Authority G.S. 113A-112; 113A-124; Eff. December 10, 1977; Repealed Eff. August 1, 1978.

15A NCAC 07I .0404 DESIGNATED LOCAL OFFICIAL History Note: Authority G.S. 113A-112; 113A-124; Eff. December 10, 1977; Amended Eff. August 1, 1978; Repealed Eff. November 1, 1984.

15A NCAC 07I .0405 PERMIT PROJECTIONS History Note: Authority G.S. 113A-112; 113A-124; Eff. December 10, 1977; Amended Eff. August 1, 1978; Repealed Eff. October 1, 1982.

15A NCAC 07I .0406 APPLICATION FEES The application fees collected by the locality shall be used only to defray the administrative costs associated with the processing of a CAMA minor permit development application. Deficits resulting from administrative costs exceeding amounts r…

15A NCAC 07I .0407 GRANT CONSISTENCY The application shall be consistent with the local implementation and enforcement plan adopted by the locality and approved by the Coastal Resources Commission. History Note: Authority G.S. 113A-112; 113A-124; Eff. December 10, 1977; Pursuant …

15A NCAC 07I .0408 GRANT ADMINISTRATION History Note: Authority G.S. 113A-112; 113A-124; Eff. December 10, 1977; Amended Eff. October 1, 1982; May 20, 1980; August 1, 1978; Repealed Eff. November 1, 1984.

SECTION .0500 - LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS 15A NCAC 07I .0501 PURPOSE The Coastal Area Management Act authorizes, but does not require, a city or county in the coastal area to act as a permit-letting agency for minor development permits in areas of environmental c…

15A NCAC 07I .0502 DEFINITIONS (a) All definitions set out in G.S. 113A - 100 through - 128 apply herein. (b) The following definitions apply whenever these words appear in this Section: (1) City. The word "city" means any of the incorporated cities within the 20 coastal counties…

15A NCAC 07I .0503 ADOPTION Each local permit-letting agency submitting a letter of intent before July 1, 1976 must adopt a management plan before July 1, 1977. A local permit-letting agency submitting a letter of intent later than two years after July 1, 1974, must adopt a manag…

15A NCAC 07I .0504 RECORD OF HEARINGS AND COMMENTS Each permit-letting agency shall compile and maintain a complete record of the public hearing on its proposed local implementation and enforcement plan and comments received pursuant to G.S. 113A-117. The record of the public hea…

15A NCAC 07I .0505 CONTENT OF PLAN (a) The plan for the local implementation and enforcement program shall include the following elements: (1) the geographic extent of jurisdiction of the local management program; (2) a description of the criteria to be used in choosing the local…

15A NCAC 07I .0506 ALLOCATION OF AUTHORITY (a) A county may establish permit-letting authority for any city or part thereof that lies within said county if such city does not submit a letter of intent to the Coastal Resources Commission or states to the Coastal Resources Commissi…

15A NCAC 07I .0507 LOCAL PERMIT OFFICER (a) The local implementation and enforcement plan shall designate an existing local official or create a new position for an official who shall receive, review, and take all appropriate action as to applications for minor development permit…

15A NCAC 07I .0508 CONSIDERATION OF APPLICATION BY LOCAL PERMIT OFFICER (a) The method of consideration of minor development permit requests by the local permit officer shall be uniform in application and shall be set out in writing and available for public inspection. The Local …

15A NCAC 07I .0509 NOTICE OF CIVIL ACTION Local Permit Officers shall notify the Division of Coastal Management of any civil action undertaken by or against them under the Coastal Area Management Act as soon as they become aware of such action. History Note: Authority G.S. 113A-1…

15A NCAC 07I .0510 COMMISSION REVIEW AND ACCEPTANCE OF THE LOCAL implementation and enforcement PLAN The local implementation and enforcement plan adopted by any local permit-letting agency shall be submitted to the Commission for review. The Commission shall evaluate the propose…

15A NCAC 07I .0511 COMMITMENT TO ADOPT LOCAL MANAGEMENT PLAN AS ORDINANCE In order for the Commission to approve a local implementation and enforcement program the local governing body shall enter into a commitment to accept the local management plan as part of the city or county…

SECTION .0600 - AMENDMENT OF LOCAL implementation and enforcement PLAN 15A NCAC 07I .0601 NOTICE AND PUBLIC HEARING REQUIREMENT Amendment of the local implementation and enforcement plan shall follow the notice and public hearing requirements set forth in the Coastal Area Managem…

15A NCAC 07I .0602 COASTAL RESOURCES COMMISSION APPROVAL An amendment of a local implementation and enforcement plan shall be submitted to the Coastal Resources Commission for approval in the same manner in which the original plan is submitted. History Note: Authority G.S. 113A-1…

SECTION .0700 - FAILURE TO ENFORCE AND ADMINISTER a local implementationand enforcement PLAN 15A NCAC 07I .0701 SANCTION FOR VIOLATIONS BY THE LOCAL PERMIT-LETTING AGENCY (a) When the local permit-letting agency fails to administer or enforce the local implementation and enforcem…

15A NCAC 07I .0702 WHEN AN ACTION EXCEEDS THE LOCAL AUTHORITY When the local permit-letting agency exceeds the scope and extent of its authority, which is limited to consideration of applications proposing minor development as defined in the Coastal Area Management Act, that acti…

SUBCHAPTER 07J - PROCEDURES FOR Processing and enforcement of MAJOR and minor DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, and static line exceptions SECTION .0100 - DEFINITIONS 15A NCAC 07J .0101 STATUTORY DEFINITIONS All definition…

15A NCAC 07J .0102 GENERAL DEFINITIONS The following definitions apply whenever these words are used in this Subchapter: (1) "Areas of Environmental Concern" (AECs) means geographic areas within the coastal area which the Coastal Resources Commission chooses to designate for spec…

SECTION .0200 - APPLICATION PROCESS 15A NCAC 07J .0201 PERMIT REQUIRED After March 1, 1978, every person wishing to undertake any development in an area of environmental concern shall obtain a permit from the Department, in the case of a major development or dredge and fill permi…

15A NCAC 07J .0202 PERMIT APPLICATIONS (a) Any person seeking to obtain a permit for a major development and/or dredge and fill project is required to file with the Department an application completed in accordance with 15A NCAC 07J .0204(b)(1) through (7). (b) Any person seeking…

15A NCAC 07J .0203 PREPARATION OF WORK PLATS (a) General. Project plans or work plats must include a top or planview, a cross-sectional view, and a location map. All plats must have the standard north arrow. North should be at the top of the plat. The prints must be neat and suff…

15A NCAC 07J .0204 PROCESSING THE APPLICATION (a) On receipt of a CAMA major development and/or dredge and fill permit application by the Department, a letter shall be sent to the applicant acknowledging receipt. (b) Application processing shall begin when an application is accep…

15A NCAC 07J .0205 ACCEPTANCE OF AN APPLICATION History Note: Authority G.S. 113A-118(c); 113A-122(a); Eff. March 15, 1978; Amended Eff. August 1, 1983; May 1, 1983; Repealed Eff. November 1, 1983.

15A NCAC 07J .0206 PUBLIC NOTICE OF THE PROPOSED DEVELOPMENT Within a reasonable time after receiving an application for a major development permit, a significant modification to an application for a major permit, or an application to modify substantially a previously issued majo…

15A NCAC 07J .0207 AGENCY REVIEW/COMMENTS: MAJOR DEVELOPMENT/DREDGE AND FILL (a) In order to determine the impact of the proposed project, the Department shall prepare a field report on each major development and/or dredge and fill permit application accepted for processing. Such…

15A NCAC 07J .0208 PERMIT CONDITIONS (a) Each of the several state review agencies may submit specific recommendations regarding the manner in which the requested work should be carried out and suggest reasonable limitations on the work in order to protect the public interest wit…

15A NCAC 07J .0209 ISSUANCE OF PERMITS (a) The Commission hereby delegates to the Department the authority to issue or deny CAMA permits. The decision to issue or deny the permit will be based on the criteria set forth in G.S. 113A-120, the standards for development set forth in …

15A NCAC 07J .0210 REPLACEMENT OF EXISTING STRUCTURES Replacement of structures damaged or destroyed by natural elements, fire or normal deterioration is considered development and requires CAMA permits. Replacement of structures shall be permitted if the replacement is consisten…

15A NCAC 07J .0211 NON-CONFORMING DEVELOPMENT A non-conforming structure is any structure within an AEC other than Ocean Hazard and Inlet Hazard AECs that is inconsistent with current CRC rules, and was built prior to the effective date(s) of the rule(s) with which it is inconsis…

SECTION .0300 - HEARING PROCEDURE 15A NCAC 07J .0301 WHO IS ENTITLED TO A CONTESTED CASE HEARING Under G.S. 113A-121.1(b), persons other than those entitled to a contested case hearing on a permit decision under Paragraph (a) of this Rule may file a request for such a hearing and…

15A NCAC 07J .0302 PETITION FOR CONTESTED CASE HEARING (a) Any petition shall conform to the requirements of G.S. 150B-23. A copy of the petition shall be served on the Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City NC 28557, and on the Attorney Gene…

15A NCAC 07J .0303 CONTESTED CASE HEARING PROCEDURES (a) All contested case hearings shall be heard before an administrative law judge assigned by the Office of Administrative Hearings. (b) All contested case hearings shall be governed by the procedures in Article 3 of Chapter 15…

15A NCAC 07J .0304 VENUE History Note: Authority G.S. 113A-124(c)(5); 150B-24; Eff. March 15, 1978; Amended Eff. July 1, 1982; Repealed Eff. August 1, 1988.

15A NCAC 07J .0305 BURDEN OF PROOF The burden of proof at any hearing on a permit appeal shall be as provided in G.S. 113A-122(b)(7). History Note: Authority G.S. 113A-122(b)(7); Eff. March 15, 1978; Amended Eff. October 1, 1988; July 1, 1982; March 30, 1979; Pursuant to G.S. 150…

15A NCAC 07J .0306 ACTION PENDING FINAL DISPOSITION Pending the final disposition of a hearing allowed under these rules, no action shall be taken which would be unlawful in the absence of an issued CAMA development and/or dredge and fill permit. In cases where the request for a …

15A NCAC 07J .0312 SETTLEMENT (a) Whenever possible, the Commission encourages the resolution of disputes over the grant or denial of CAMA permits and dredge and fill permits. (b) The Commission hereby delegates to the director the authority to enter into settlements of appeals c…

15A NCAC 07J .0403 DEVELOPMENT PERIOD/COMMENCEMENT/CONTINUATION (a) New dredge and fill permits and CAMA Major permits shall expire five years from the date of permit issuance, with the exception of publicly-sponsored, multi-phased beach nourishment projects, which shall expire 1…

15A ncac 07j .0404 DEVELOPMENT PERIOD EXTENSION (a) For CAMA minor permits authorizing beach bulldozing, the permit holder is entitled to request a one-time 30-day permit extension. No additional extensions shall be granted after the 30-day extension has expired. Notwithstanding …

15A NCAC 07J .0405 PERMIT MODIFICATION (a) A permit holder may modify their permitted major development and/or dredge and fill project only after approval by the Division of Coastal Management. In order to modify a permitted project the permit holder shall make a written request …