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 10 years from the date of permit issuance. Minor permits, except those authorizing beach bulldozing when authorized through issuance of a CAMA minor permit, shall expire on December 31 of the third year following the year of permit issuance.

(b)  CAMA minor permits authorizing beach bulldozing shall expire 30 days from the date of permit issuance. Following permit expiration, the permit holder is entitled to request an extension in accordance with Rule .0404(a) of this Section.

(c)  Development After Permit Expiration. Any development undertaken after permit expiration shall be considered unpermitted and shall constitute a violation of G.S. 113A-118 or G.S. 113-229. Any development to be undertaken after permit expiration shall require a new permit or review in accordance with 15A NCAC 07J .0404(c) as determined by the Division.

(d)  Commencement of Development in Ocean Hazard AEC. No development shall begin until the oceanfront setback requirement can be established in accordance with 15A NCAC 07H .0306. When the permit holder or an individual receiving an exception is ready to begin development, they shall arrange an onsite meeting with the Division of Coastal Management or Local Permitting Officer to determine the oceanfront setback. This setback determination shall replace the one completed at the time the permit was processed and approved and development shall begin within 60 days from the date of that meeting. In the case of a shoreline change that reduces the determined setback; a new setback determination may be required. To determine if a new setback is required, additional coordination with the Division of Coastal Management or Local Permitting Officer shall be required before development begins.

(e)  Any permit that has been suspended as a result of litigation shall be extended at the permit holder's written request for a period equivalent to the period of permit suspension, but not to exceed the development period authorized under Paragraph (a) of this Rule.

History Note:        Authority G.S. 113A‑118; 113A-124(c)(8); 113-229;

Eff. March 15, 1978;

Amended Eff. August 1, 2002; April 1, 1995; July 1, 1989; March 1, 1985; November 1, 1984;

Readopted Eff. August 1, 2021;

Amended Eff. August 1, 2022.