15A NCAC 07H .0508      USE STANDARDS

Permits for development in designated fragile coastal natural or cultural resource areas shall be approved upon finding that:

(1)           The proposed design and location shall not cause significant adverse impacts to the stated values of a particular resource. One or more of the following values shall be considered in making a permit decision depending upon the stated significance of the resource:

(a)           Development shall preserve the values of the individual resource as it functions as a critical component of a natural system.

(b)           Development shall not cause significant adverse impacts to the values of the resource as a unique scientific, associative, or educational resource.

(c)           Development shall be consistent with the aesthetic values of a resource as identified by the local government and citizenry.

(2)           No alternative sites are available outside the designated AEC.

(3)           Mitigation measures shall be incorporated into the project plan. These measures shall include consultation with the CRC.

(4)           The project shall be of equal or greater public benefit than those benefits lost or damaged through development.

History Note:        Authority G.S. 113A‑107(a),(b); 113A‑113(b)(4e) to (b)(4h); 113A‑124;

Eff. September 9, 1977;

Amended Eff. February 1, 1982; June 1, 1979;

RRC objection September 17, 2022 and rule returned to agency on October 5, 2023;

Codifier determined that agency's findings of need did not meet criteria for emergency rule on December 20, 2023;

Emergency Adoption Eff. January 3, 2024.