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 budget of ocean and inlet beaches. This may, particularly over time, adversely impact important natural beach functions especially during storm events and may increase long term erosion rates. Ongoing channel maintenance requirements throughout the coastal area also lead to the need to construct new or expanded disposal sites as existing sites fill. This is a financially and environmentally costly undertaking. In addition, new sites for disposal are increasingly harder to find because of competition from development interests for suitable sites. Therefore, it is the policy of the State of North Carolina that material resulting from the excavation or maintenance of navigation channels be used in a beneficial way wherever practicable.

History Note:        Authority G.S. 113A‑107; 113-229;

Eff. October 1, 1992;

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;

Emergency Rule Exp. Eff. May 13, 2024;

Returned to Code pursuant to order of Wake County Superior Court, currently under appeal, Eff. March 3, 2025.