North Carolina Administrative Code

15A NCAC 07L .0503 PRIORITIES FOR FUNDING planning and management PROJECTS (a) The Department of Environmental Quality (DEQ) program provides funding for coastal planning and management projects to assist local governments in the 20 counties as defined in G.S. 113A-103(2) in the …

15A NCAC 07L .0504 Eligible projects History Note: Authority G.S. 113A-112; 113A-124; Eff. August 1, 2002; Repealed Eff. March 1, 2016.

SUBCHAPTER 7M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA SECTION .0100 - PURPOSE AND AUTHORITY 15A NCAC 07M .0101 AUTHORITY History Note: Authority G.S. 113A-102(b); 113A-107; 113A-124; Eff. March 1, 1979; Repealed Eff. November 1, 1984.

15A NCAC 07M .0102 PURPOSE History Note: Authority G.S. 113A-102(b); 113A-107; 113A-124; Eff. March 1, 1979; Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0200 - SHORELINE EROSION POLICIES 15A NCAC 07M .0201 DECLARATION OF GENERAL POLICY It is hereby declared that the general welfare and public interest require that development along the ocean and estuarine shorelines be conducted in a manner that avoids loss of life, prop…

15A NCAC 07M .0202 POLICY STATEMENTS (a) Pursuant to Section 5, Article 14 of the North Carolina Constitution, proposals for shoreline erosion response projects shall avoid losses to North Carolina's natural heritage. All means should be taken to identify and develop response mea…

SECTION .0300 - SHOREFRONT ACCESS POLICIES 15A NCAC 07M .0301 DECLARATION OF GENERAL POLICY History Note: Authority G.S. 113A-124; 113A-134.1; 113A-134.3; Eff. March 1, 1979; Amended Eff. February 1, 2009; January 1, 1998; March 1, 1988; March 1, 1985; July 1, 1982; Readopted Eff…

15A NCAC 07M .0302 DEFINITIONS As used in this Section, the Public Beach and Coastal Waterfront Access Program is to provide public access to the public trust beaches and waters as defined in 15A NCAC 07H .0207(a) and 15A NCAC 07H .0305(a)(1) in the 20 coastal counties described …

15A NCAC 07M .0303 STANDARDS FOR PUBLIC ACCESS History Note: Authority G.S. 113A-124; 113A-134.1; 113A-134.3; 153A-277(a); 160A-314(a); Eff. March 1, 1979; Amended Eff. March 1, 1988; March 1, 1985; July 1, 1982; RRC Objection due to lack of necessity and unclear language Eff. Oc…

15A NCAC 07M .0306 LOCAL GOVERNMENT AND STATE INVOLVEMENT IN ACCESS History Note: Authority G.S. 113A-124; 113A-134.3; Eff. January 1, 1998; Amended Eff. February 1, 2009; August 1, 2007; Readopted Eff. September 1, 2021; Repealed Eff. August 1, 2022.

15A NCAC 07M .0307 PUBLIC BEACH AND COASTAL WATERFRONT ACCESS PROGRAM (a) The Division of Coastal Management (DCM) has primary responsibility for administering the Public Beach and Coastal Waterfront Access Program. Subject to the availability of funds, the DCM shall annually sol…

15A NCAC 07M .0308 PUBLIC INVOLVEMENT/NOTICE History Note: Authority G.S. 113A-124; 113A-134.3; Eff. January 1, 1998; Readopted Eff. September 1, 2021; Repealed Eff. August 1, 2022.

15A NCAC 07M .0309 COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT History Note: Authority G.S. 113A-2; 113A-124; Eff. July 1, 1990; Recodified from .0306 Eff. January 1, 1998; Amended Eff. January 1, 1998; Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

15A NCAC 07M .0310 STANDARDS FOR PUBLIC ACCESS (a) Public access projects funded through the Public Beach and Coastal Waterfront Access program shall be consistent with public access policies contained in the local government's land use plan as required under 15A NCAC 07B .0702(d…

SECTION .0400 - COASTAL ENERGY DEVELOPMENT – GENERAL POLICIES 15A NCAC 07M .0401 DECLARATION OF GENERAL POLICY (a) It is hereby declared that the general welfare and public interest require that reliable sources of energy be made available to the citizens of North Carolina. It is…

15A NCAC 07M .0402 DEFINITIONS (a) "Impact Assessment" is an analysis which discusses the potential environmental, economic and social consequences, including cumulative and secondary impacts, of a proposed major energy facility. At a minimum, the assessment shall include the fol…

15A NCAC 07M .0403 POLICY STATEMENTS (a) The placement and operations of major energy facilities in or affecting the use of public trust waters and adjacent lands or coastal resources of North Carolina shall be done in a manner that allows for protection of the environment and lo…

SECTION .0500 - POST-DISASTER POLICIES 15A NCAC 07M .0501 DECLARATION OF GENERAL POLICY It is hereby declared that the general welfare and public interest require that all state agencies coordinate their activities to reduce the damage from coastal disasters. As predisaster plann…

15A NCAC 07M .0502 DEFINITIONS History Note: Authority G.S. 113A-102; 113A-107; 113A-120; 113A-124(c); Eff. October 1, 1982; Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

15A NCAC 07M .0503 POLICY STATEMENTS History Note: Authority G.S. 113A-119; 113A-124(b); Eff. October 1, 1982; Amended Eff. May 1, 1990; RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.

SECTION .0600 - FLOATING STRUCTURE POLICIES 15A NCAC 07M .0601 DECLARATION OF GENERAL POLICY It is hereby declared that the general welfare and public interest require that floating structures, as defined in G.S. 113A-103(5a), to be used for residential or commercial purposes not…

15A NCAC 07M .0602 DEFINITIONS History Note: Authority G.S. 113A-102; 113A-107; 113A-108; 113A-118; 113A-120(a)(8); 113A-124(c)(5); Eff. July 1, 1983; Repealed Eff. September 1, 2023.

15A NCAC 07M .0603 POLICY STATEMENTS (a) Floating structures shall not be allowed or permitted within the public trust waters of the coastal area except in a marina permitted as development pursuant to the Coastal Area Management Act of 1974. (b) All floating structures shall be …

SECTION .0700 – MITIGATION - GENERAL POLICY 15A NCAC 07M .0701 DECLARATION OF GENERAL POLICY (a) It is the policy of the State of North Carolina to require that adverse impacts to coastal lands and waters be mitigated or minimized through proper planning, site selection, complian…

15A NCAC 07M .0702 DEFINITIONS For the purposes of this Subchapter, mitigation is defined as the enhancement, creation, or restoration of coastal resources to maintain the characteristics and processes of coastal ecosystems such as natural biological productivity, habitat and spe…

15A NCAC 07M .0703 MITIGATION CANDIDACY (a) The CRC may approve a development project for mitigation candidacy if the applicant can demonstrate that all of the following criteria can be met: (1) there is no reasonable or prudent alternate design or location for the project that w…

15A NCAC 07M .0704 POLICY STATEMENTS (a) The following forms of mitigation are ranked in order of preference: (1) Enhancement of coastal resources with created or restored systems determined to be potentially more productive of the resources characteristic of unaltered North Caro…

15A NCAC 07M .0705 REVIEW PROCEDURES Initial denials of mitigation projects, pursuant to the procedures of 15A NCAC 7M .0703(c), and permit denials, based on inconsistency with 15A NCAC 7H .0208, which are to be offset by mitigation proposals shall be reviewed by the CRC through …

SECTION .0800 - COASTAL WATER QUALITY POLICIES 15A NCAC 07M .0801 DECLARATION OF GENERAL POLICIES History Note: Authority G.S. 113A-102(b); 113A-107; 113A-124; 16 U.S.C. s. 1453(12); Eff. November 1, 1985; RRC objection September 16, 2022 and rule returned to agency on December 7…

15A NCAC 07M .0802 POLICY STATEMENTS History Note: Authority G.S. 113A-102(b); 113A-107; 113A-124; 16 U.S.C. s. 1453(12); Eff. November 1, 1985; Amended Eff. October 1, 1988; RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.

SECTION .0900 - POLICIES ON USE OF COASTAL AIRSPACE 15A NCAC 07M .0901 DECLARATION OF GENERAL POLICY History Note: Authority G.S. 113A-102(b); 113A-107; 16 U.S.C. Sec. 1453 (12); Eff. March 1, 1990; RRC Objection due to lack of necessity Eff. October 17, 1991; Amended Eff. March …

15A NCAC 07M .0902 POLICY STATEMENTS (a) It is the policy of the State of North Carolina that access corridors free of special use airspace designations shall be preserved along the length of the barrier islands and laterally at intervals not to exceed 25 miles to provide unobstr…

SECTION .1000 - POLICIES ON WATER AND WETLAND BASED TARGET AREAS FOR MILITARY TRAINING ACTIVITIES 15A NCAC 07M .1001 DECLARATION OF GENERAL POLICY The use of water and wetland-based target areas for military training purposes may result in adverse impacts on coastal resources and…

15A NCAC 07M .1002 POLICY STATEMENTS (a) It is the policy of the State of North Carolina that all public trust waters subject to surface water restrictions pursuant to 33 USCS 3 for use in military training shall be opened to commercial fishing at established times appropriate fo…

SECTION .1100 - BENEFICIAL USE OF DREDGED MATERIALS FROM NAVIGATIONAL CHANNEL MAINTENANCE AND EXCAVATION – GENERAL POLICIES 15A NCAC 07M .1101 DECLARATION OF GENERAL POLICY Certain dredged material disposal practices may result in removal of material important to the sediment bud…

15A NCAC 07M .1102 POLICY STATEMENTS (a) Clean, beach quality material that meets the criteria set forth in Rule 15A NCAC 07H .0312 dredged from navigation channels within the active nearshore or ocean beach as defined in 15A NCAC 07H .0305 or inlet hazard area as defined in 15A …

SECTION .1200 - POLICIES ON OCEAN MINING 15A NCAC 07M .1201 DECLARATION OF GENERAL POLICY History Note: Authority G.S. 113A-102; 113A-103; 113A-107; Eff. August 1, 1998; RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.

15A NCAC 07M .1202 POLICY STATEMENTS History Note: Authority G.S. 113A-102; 113A-107; Eff. August 1, 1998; RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.

SUBCHAPTER 07O - NORTH CAROLINA COASTAL RESERVE SECTION .0100 - GENERAL PROVISIONS 15A NCAC 07O .0101 STATEMENT OF PURPOSE The principal purposes of the North Carolina Coastal Reserve and supporting programs are to: (1) preserve coastal ecosystems representative of the various bi…

15A NCAC 07O .0102 DEFINITIONS AS USED IN THIS SUBCHAPTER Definitions as used in this Subchapter are: (1) "Coastal Reserve" or "Reserve" means those coastal land and water areas, which include land and water portions of an estuary and adjacent transitional areas and uplands, set …

15A NCAC 07O .0103 RESPONSIBILITIES: DUTIES OF THE COASTAL RESERVE PROGRAM The Coastal Reserve Program of the Division of Coastal Management shall be responsible for managing and protecting the North Carolina Coastal Reserve; promoting and coordinating research and educational pr…

15A NCAC 07O .0104 STATE AND LOCAL COASTAL RESERVE ADVISORY COMMITTEES Advisory committees shall be established for each Reserve component and shall advise Reserve staff regarding program activities and component management. Members of the committees shall include researchers, ed…

15A NCAC 07O .0105 RESERVE COMPONENTS (a) The North Carolina Coastal Reserve includes the following components: (1) Zeke's Island; (2) Rachel Carson; (3) Currituck Banks; (4) Masonboro Island; (5) Permuda Island; (6) Buxton Woods; (7) Bald Head Woods; (8) Kitty Hawk Woods; (9) Bi…

SECTION .0200 - MANAGEMENT: USE AND PROTECTION OF THE NORTH CAROLINA COASTAL RESERVE 15A NCAC 07O .0201 MANAGEMENT PLAN The Division of Coastal Management shall prepare a management plan for the Reserve. The management plan shall contain policies for research, education, natural …

15A NCAC 07O .0202 RESERVE USE REQUIREMENTS The following use requirements shall apply to the lands and waters within the boundaries of the components of the Reserve: (1) The natural character of the Reserve shall be maintained. (2) Traditional uses within each component shall be…

15A NCAC 07O .0203 SPECIAL ACTIVITY AUTHORIZATION The following Items shall apply to special activity authorization within the boundaries of the components of the Reserve: (1) Written authorization is required for organized events, commercial activities, and other special activit…

CHAPTER 8 - WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION This Chapter 8 of Title 15A of the North Carolina Administrative Code (T15A.08); WTP OPERATORS CERTIFICATION COMMISSION; has been transferred and recodified from Chapter 8 of Title 15 of the North Carol…

15A NCAC 08A .0102 CREATION History Note: Authority G.S. 143B-300; Eff. February 1, 1976; Amended Eff. May 1, 1991; August 1, 1988; August 1, 1978; Repealed Eff. July 1, 1993.

15A NCAC 08A .0109 COMMISSION MEETINGS History Note: Authority G.S. 143B-301; Eff. February 1, 1976; Repealed Eff. May 1, 1985.

15A NCAC 08A .0110 DELEGATIONS History Note: Authority G.S. 90A-37; 90A-39; 90A-40; Eff. February 20, 1980; Repealed Eff. August 1, 1988.