North Carolina Administrative Code

15A NCAC 07J .0406 PERMIT ISSUANCE AND TRANSFER (a) Upon the approval of an application and the issuance of the permit, the permit shall be delivered to the applicant, or to any person designated by the applicant to receive the permit, by hand, first class mail or any means. (b) …

15A NCAC 07J .0407 PROJECT MAINTENANCE: MAJOR DEVELOPMENT/DREDGE AND FILL (a) No project previously requiring a major development or dredge and fill permit shall be maintained after the expiration of the authorized development period without approval from the Division of Coastal …

15A NCAC 07J .0408 VIOLATION OF A PERMIT History Note: Authority G.S. 113A-126; Eff. March 15, 1978; Amended Eff. January 25, 1980; Repealed Eff. August 1, 1989.

15A NCAC 07J .0409 CIVIL PENALTIES (a) Purpose and Scope. This Rule provides the procedures and standards governing the assessment, remission, settlement, and appeal of civil penalties assessed by the Coastal Resources Commission and the Director pursuant to G.S. 113A-126(d). (b)…

15A NCAC 07J .0410 RESTORATION/MITIGATION Any violation involving development that is inconsistent with rules for development within AECs, i.e. wetland fill, improper location of a structure, shall result in a notice of restoration from the Secretary or its delegate or a local go…

SECTION .0500 - GENERAL PERMITS 15A NCAC 07J .0501 DEVELOPMENT INITIATED PRIOR TO MARCH 1, 1978 History Note: Authority G.S. 113A-118.1; Eff. April 12, 1978; Amended Eff. December 1, 1991; Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

15A NCAC 07J .0502 UNCONTESTED PERMIT APPLICATIONS History Note: Authority G.S. 113A-124(c)(5); Eff. April 12, 1978; Amended Eff. September 11, 1978; Repealed Eff. September 6, 1979.

SECTION .0600 - DECLARATORY RULINGS AND PETITIONS FOR RULEMAKING 15A NCAC 07J .0601 DECLARATORY RULINGS: GENERALLY At the request of any person aggrieved, as defined in G.S. 150B-2(6), the Coastal Resources Commission may issue a declaratory ruling as provided in G.S. 150B-4. His…

15A NCAC 07J .0602 PROCEDURE FOR REQUESTING DECLARATORY RULINGS (a) All requests for a declaratory ruling shall be filed with the Director, Division of Coastal Management, Department of Environmental Quality (DEQ), 400 Commerce Avenue, Morehead City NC 28557, and also the Attorne…

15A NCAC 07J .0603 PROCEDURES: CONSIDERING REQUESTS FOR DECLARATORY RULINGS (a) The Commission hereby delegates to the Chairman the authority to grant or deny requests for declaratory rulings and to determine whether notice of the declaratory ruling request should be provided to …

15A NCAC 07J .0604 FEDERAL ACTIVITIES (a) At the request of any federal agency or of any state or local co-sponsor of a federal project with the written concurrence of the federal agency, the Commission shall issue a declaratory ruling concerning the consistency of a proposed fed…

15A NCAC 07J .0605 PETITIONS FOR RULEMAKING (a) Any person wishing to request the adoption, amendment, or repeal of a rule shall make this request in a petition addressed to the Division of Coastal Management. The petition shall specify it is filed pursuant to G.S. 150B-20 and sh…

SECTION .0700 – PROCEDURES FOR CONSIDERING VARIANCE PETITIONS 15 NCAC 07J .0701 VARIANCE PETITIONS (a) Any person whose application for a CAMA major or minor development permit has been denied or issued with condition(s) that the person does not agree with may petition for a vari…

15A NCAC 07J .0702 STAFF REVIEW OF VARIANCE PETITIONS (a) The Division of Coastal Management, as staff to the Commission, shall review petitions to determine whether they are complete according to the requirements set forth in Rule .0701. Incomplete petitions and a description of…

15A NCAC 07J .0703 PROCEDURES FOR DECIDING VARIANCE PETITIONS (a) The Commission may review the variance petition and staff recommendation and hear oral presentation by the petitioner, if any, in full session or may appoint a member or members to do so. In cases where a member or…

SECTION .1100 - GENERAL PERMIT PROCEDURE 15A NCAC 07J .1101 PURPOSE The purpose of this Section is to establish a procedure for issuing general permits for development having insignificant impacts on areas of environmental concern and which should not require public review and co…

15A NCAC 07J .1102 CATEGORIES OF DEVELOPMENT The Commission shall include as candidates for general permits only those activities that are substantially similar in nature that cause only minimal adverse environmental impacts when performed separately, and that will have only a mi…

15A NCAC 07J .1103 DESIGNATION PROCEDURES The staff shall prepare all information needed to establish each category of general permit. This may include a generic description of the development, anticipated cumulative impacts, projected number of individual projects, and permit hi…

15A NCAC 07J .1104 PERMIT MODIFICATION The Commission may modify at any time any category of general permit. Modification shall be made according to the provisions of G.S. 113A-107. The Commission may also revoke any general permit at any time according to the provisions of G.S. …

15A NCAC 07J .1105 APPLICATION PROCEDURES Authorization to initiate development covered by the general permit shall comply with the procedures outlined in each permit. The procedures shall be established to explain in detail the application process, notification requirements, and…

15A NCAC 07J .1106 PERMIT CONDITIONS Each general permit shall have a set of general and specific conditions. Additionally, the Division of Coastal Management may add conditions to each instrument of authorization if necessary to protect the public interest. The Division of Coast…

15A NCAC 07J .1107 PERMIT COMPLIANCE All development authorized through the general permit must be done in compliance with all conditions listed on the permit. Development undertaken without a Coastal Area Management Act or Dredge and Fill permit or in violation of permit conditi…

15A NCAC 07J .1108 GENERAL PERMIT REVIEW The Commission shall review each category of general permit on an annual basis. This review shall include compilation and evaluation of the number of projects approved in each category and the impacts of these projects. The Commission may …

section .1200 – BEACH MANAGEMENT PLAN APPROVAL procedures 15A NCAC 07J .1201 BEACH MANAGEMENT PLAN APPROVAL (a) A petitioner subject to a pre-project vegetation line pursuant to 15A NCAC 07H .0305 may petition the Coastal Resources Commission to approve a Beach Management Plan in…

15A NCAC 07J .1202 REVIEW OF THE BEACH MANAGEMENT PLAN APPROVAL REQUEST (a) The Petitioner shall provide a summary of the Beach Management Plan to be presented to the Coastal Resources Commission. This summary shall include all of the elements required in 15A NCAC 07J .1201. (b) …

15A NCAC 07J .1203 PROCEDURES FOR APPROVING A BEACH MANAGEMENT PLAN (a) At the meeting at which approval of a Beach Management Plan is considered by the Coastal Resources Commission, the following shall occur: (1) The Petitioner shall orally present a summary of the Beach Managem…

15A NCAC 07J .1204 REVIEW OF BEACH MANAGEMENT PLANS (a) Progress Reports. The petitioner that received a Beach Management Plan approval shall provide a progress report to the Coastal Resources Commission every five years from date the Beach Management Plan is approved. The progre…

15A NCAC 07J .1205 REVOCATION AND EXPIRATION OF BEACH MANAGEMENT PLAN APPROVAL (a) Beach Management Plan approval shall be revoked if the Coastal Resources Commission determines, after the review of the petitioner's progress report identified in 15A NCAC 07J .1204, that any of th…

15A NCAC 07J .1206 LOCAL GOVERNMENTS AND COMMUNITIES WITH APPROVED BEACH MANAGEMENT PLANS A list of CRC approved Beach Management Plans and the conditions under which the pre-project vegetation lines exist, including the date(s) the pre-project vegetation line was defined, shall …

SUBCHAPTER 07K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT SECTION .0100 - ACTIVITIES NOT CONSIDERED DEVELOPMENT 15A NCAC 07K .0101 STATUTORY EXCEPTIONS FROM THE DEFINITION OF DEVELOPMENT No permit shall be required for…

15A NCAC 07K .0102 SMALL DITCHES NOT CONSIDERED DEVELOPMENT History Note: Authority G.S. 113A-103(5)(a); 113A-118(a); Eff. March 29, 1978; Repealed Eff. November 1, 1984.

15A NCAC 07K .0103 MAINTENANCE AND REPAIR (a) "Maintenance and "repairs" are specifically excluded from the definition of "development" under the conditions and in the circumstances set out in G.S. 113A-103(5)(b)(5). Individuals required to take such measures within an AEC shall …

SECTION .0200 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MAJOR DEVELOPMENT PERMIT REQUIREMENT 15A NCAC 07K .0201 GENERAL GUIDELINES History Note: Authority G.S. 113A-103(5)(c); 113A-118(a); Eff. March 29, 1978; Amended Eff. November 1, 1…

15A NCAC 07K .0202 EXEMPTION: PROJECTS REQUIRING DREDGE: FILL: STATE EASEMENT The following classes of minor maintenance and improvement are exempted from the major development permit requirement: (1) In-Place Maintenance of Previously-Permitted Projects. These projects are ones …

15A NCAC 07K .0203 PRIVATE BULKHEADS: RIPRAP AND PIERS EXEMPTED History Note: Authority G.S. 113A-103(5)c; 113A-118(a); Eff. March 29, 1978; Amended Eff. August 1, 2000; August 1, 1998; May 3, 1993; December 1, 1991; May 1, 1990; July 1, 1987; Repealed Eff. August 1, 2002.

15A NCAC 07K .0204 EXEMPTIONS FOR PROJECTS REQUIRING AIR QUALITY PERMIT Modification to Existing Sources or Control Devices. Projects in this category are modifications to facilities or control devices that upgrade existing capacities or are intended to meet air quality standards…

15A NCAC 07K .0205 EXEMPTIONS FOR PROJECTS REQUIRING THE NPDES (a) Projects requiring the National Pollution Discharge Elimination System permit are those that will discharge wastewater from an outlet, point source, or disposal system into the surface waters of the State. (b) Mod…

15A NCAC 07K .0206 Agricultural and Forestry DITCHES EXEMPTED (a) Ditches used for agricultural or forestry purposes with maximum dimensions equal to or less than six feet (top width) by four feet deep are exempted from the CAMA permit requirement. (b) All ditches with maximum di…

15A NCAC 07K .0207 STRUCTURAL ACCESSWAYS OVER FRONTAL DUNES EXEMPTED (a) The North Carolina Coastal Resources Commission exempts from the CAMA permit requirement all structural pedestrian accessways, including beach matting to provide public or private access over primary and fro…

15A NCAC 07K .0208 SINGLE FAMILY RESIDENCES EXEMPTED (a) All single family residences constructed within the Coastal Shorelines Area of Environmental Concern that are more than 40 feet landward of normal high water or normal water level, and involve no land disturbing activity wi…

15A NCAC 07K .0209 EXEMPTION / ACCESSORY USES / MAINTENANCE REPAIR / REPLACEMENT (a) Accessory buildings customarily incident to an existing structure are excluded from the definition of development if the work does not involve filling, excavation, or the alteration of any sand d…

15A NCAC 07K .0210 NOMINATION CATEGORIES EXCLUDED: MINOR PERMIT EXEMPTION The minor development permit exemptions in this Section are not applicable to the "Areas That Sustain Remnant Species," as defined in 15A NCAC 07H .0505, "Complex Natural Areas," as defined in 15A NCAC 07H …

15A NCAC 07K .0211 JOCKEY'S RIDGE AEC All development in the Jockey's Ridge area of environmental concern designated pursuant to 15A NCAC 07H .0507 that is not within any other designated area of environmental concern shall be exempt from CAMA major and minor permit requirements …

15a ncac 07k .0212 INSTALLATION AND MAINTENANCE OF SAND FENCING Sand fences that are installed and maintained subject to the following criteria are exempt from the permit requirements of the Coastal Area Management Act: (1) Sand fencing may only be installed for the purpose of: b…

15A NCAC 07K .0213 SINGLE FAMILY RESIDENCES EXEMPTED FROM THE CAMA PERMIT REQUIREMENTS WITHIN THE HIGH HAZARD FLOOD AREA OF ENVIRONMENTAL CONCERN History Note: Authority G.S. 113A-103(5)(a); 113A-113(b)(6); 113A-118(d)(2); 113A-119.1; Eff. August 1, 2002; Repealed Eff. September …

15A NCAC 07K .0309 SINGLE FAMILY RESIDENCES EXEMPTED History Note: Authority G.S. 113A-103(5)(c); Eff. February 1, 1983; Repealed Eff. November 1, 1984.

SECTION .0400 - CLASSES OF FEDERAL AGENCY ACTIVITIES EXEMPTED FROM THE PERMIT REQUIREMENT 15A NCAC 07K .0401 MAINTENANCE OF FEDERAL NAVIGATION CHANNELS (a) Operation and maintenance of all federal navigation channels subject to the authority of the US Army Corps of Engineers are …

15A NCAC 07K .0402 FEDERAL AGENCY ACTIVITIES EXEMPTED All federal agency development activities in areas of environmental concern are hereby granted an exemption from the CAMA permit requirement. History Note: Authority G.S. 113A-103(5)(c) Eff. June 18, 1979; Amended Eff. April 2…

SECTION .0500 - GENERAL STANDARDS 15a NCAC 07L .0501 ELIGIBLE APPLICANTS (a) Applications for grants for local planning and management funds may be made by the following: (1) Coastal Counties as defined in CAMA; and (2) Municipalities within coastal counties. (b) Two or more elig…

15A NCAC 07L .0502 Consistency with plans and rules History Note: Authority G.S. 113A-112; 113A-124; Eff. August 1, 2002; Repealed Eff. March 1, 2016.