15A NCAC 07M .0704     Mitigation - specific policies

(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)  The Division of Coastal Management shall consider mitigation requests based on the following order of preference:

(1)           Enhancement of coastal resources with created or restored systems determined to be more productive of the resources characteristic of unaltered North Carolina ecosystems than those destroyed.

(2)           Creation or restoration of an area of similar ecological utility and potential biological value than that destroyed or altered.

(3)           Creation or restoration of an area with a different ecological function or potential than that destroyed or altered.

(4)           The following forms of mitigation shall be considered by the Division of Coastal Management and may be used in combination with Subparagraphs (1) through (3) of this Paragraph to achieve the stated goal set forth in 15A NCAC 07M .0703(d).

(A)          Acquisition for public ownership of unique and ecologically important systems not protected by state or federal regulatory programs. The type of impacts to be mitigated and the quality of the area to be acquired will be considered on a case‑by‑case basis.

(B)          Transfer of privately owned lands subject to state and federal regulation into public ownership.

(C)          Provisions of funds for State, federal or accredited institution research or management programs.

(D)          Increased public access to public trust resources for recreational use.

(c)  Mitigation proposals may be the basis for approval of a development which is otherwise in conflict with general or specific use standards set forth in 15A NCAC 07H .0208.

(d)  Mitigation proposals to offset losses of coastal resources due to publicly funded projects shall be reviewed by the Division of Coastal Management with the sponsoring agency and incorporated into the project by the State or federal agency.

(e)  Approved mitigation proposals for all categories of development shall become a part of permit conditions according to G.S. 113A‑120(b) and thereby subject to enforcement authority pursuant to G.S. 113A‑126.

History Note:        Authority G.S. 113A‑102(b); 113A‑107; 113A‑113; 113A‑120(a); 113A‑124; 113A‑126;

Eff. January 1, 1984;

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 January 3, 2024.