SECTION .0700 – MITIGATION - gEnERal POLICY

15A NCAC 07M .0701     DECLARATION OF GENERAL POLICY

(a)  The policy statements in this Section are enforceable and shall be considered by local governments and DCM when issuing permits and implementing the coastal management program under this Subchapter and commenting on federal permits and activities pursuant to Section 307 of the federal Coastal Zone Management Act.

(b)  It is the policy of the Coastal Resources Commission to require that adverse impacts to coastal lands and waters be mitigated or minimized through planning, site selection, compliance with Commission's standards for development, and creation or restoration of coastal resources. Coastal ecosystems shall be protected and maintained as complete and functional systems by mitigating the adverse impacts of development by enhancing, creating, or restoring areas with the goal of improving or maintaining ecosystem function and areal proportion.

(c)  The CRC shall apply mitigation requirements as defined in this Section consistent with the goals, policies, and objectives set forth in G.S. 113A-102 for coastal resource management and development. Mitigation shall be used to enhance coastal resources and offset any potential losses occurring from permitted and unpermitted development. Proposals to mitigate losses of coastal resources shall be considered only for development shown to be in the public interest, as defined by the standards in 15A NCAC 07M .0703.

History Note:        Authority G.S. 113A‑102(b); 113A‑107; 113A‑113; 113A‑120(a); 113A‑124; 113-229;

Eff. January 1, 1984;

Amended Eff. September 1, 1985;

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.