SUBCHAPTER 7M ‑ GENERAL POLICY GUIDELINES FOR THE COASTAL AREA
SECTION .0100 ‑ PURPOSE AND AUTHORITY
15A NCAC 07M .0101 AUTHORITY
History Note: Authority G.S. 113A‑102(b); 113A‑107; 113A‑124;
Eff. March 1, 1979;
Repealed Eff. November 1, 1984.
15A NCAC 07M .0102 PURPOSE
History Note: Authority G.S. 113A‑102(b); 113A‑107; 113A‑124;
Eff. March 1, 1979;
Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.
SECTION .0200 ‑ SHORELINE EROSION POLICIES
15A NCAC 07M .0201 DECLARATION OF GENERAL POLICY
History Note: Authority G.S. 113A‑102(b); 113A‑107; 113A‑124; 16 U.S.C. Sec. 1453 (12);
Eff. March 1, 1979;
RRC Objection due to lack of necessity Eff. October 17, 1991;
Amended Eff. March 1, 1992;
RRC objection September 17, 2022 and rule returned to agency on October 5, 2023.
15A NCAC 07M .0202 POLICY STATEMENTS
History Note: Authority G.S. 113A‑102(b); 113A‑107; 113A‑124; 16 U.S.C. Sec. 1453 (12);
Eff. March 1, 1979;
Amended Eff. March 1, 1985;
RRC Objection due to lack of necessity and unclear language Eff. October 17, 1991;
Amended Eff. March 1, 1992;
RRC Objection due to ambiguity and lack of necessity Eff. March 16, 1995;
Amended Eff. May 4, 1995;
RRC objection September 17, 2022 and rule returned to agency on October 5, 2023.
SECTION .0300 ‑ SHOREFRONT ACCESS POLICIES
15A NCAC 07M .0301 DECLARATION OF GENERAL POLICY
History Note: Authority G.S. 113A‑124; 113A‑134.1; 113A‑134.3;
Eff. March 1, 1979;
Amended Eff. February 1, 2009; January 1, 1998; March 1, 1988; March 1, 1985; July 1, 1982;
Readopted Eff. September 1, 2021;
Repealed Eff. August 1, 2022.
15A NCAC 07M .0302 DEFINITIONS
As used in this Section, the Public Beach and Coastal Waterfront Access Program is to provide public access to the public trust beaches and waters as defined in 15A NCAC 07H .0207(a) and 15A NCAC 07H .0305(a)(1) in the 20 coastal counties described in G.S. 113A-103(2).
(1) "Beach" is defined in 15A NCAC 07H .0305(a)(1).
(2) "Coastal Waterfront Access" includes the acquisition and improvement of properties located in the 20-county area under the Coastal Area Management Act (CAMA) jurisdiction as described in G.S. 113A-103(2) that are adjacent or proximate to coastal waterways to which the public has rights of access or public trust rights.
(3) "Ocean Beach Access" includes the acquisition and improvement of properties adjacent or proximate to the Atlantic Ocean for parking and public passage to the oceanfront.
(4) "Public Trust Areas" is defined in 15A NCAC 07H .0207(a).
(5) A "Local Waterfront Access Plan" identifies access needs and opportunities for public access, determines access and facility requirements, establishes standards, develops project design plans or guidelines, establishes priorities, considers financial resource availability (such as grants, impact fees, or occupancy taxes) and construction timing, and provides a system for evaluation of the plan.
(6) "Certified CAMA Land Use Plan" is defined in 15A NCAC 07B. A local government may identify access needs, develop a local waterfront access plan, and develop local policies to pursue access funding through its land use plan.
(7) "Tier 1 communities" include Tier 1 counties, as determined annually by the North Carolina Department of Commerce as outlined in G.S. 143B-437.08, and the counties respective municipalities. The Division shall use the Tier 1 designation to encourage economic activity in economically distressed communities.
History Note: Authority G.S. 113A‑124; 113A‑134.3;
Eff. March 1, 1979;
Amended Eff. February 1, 2009; January 1, 1998; March 1, 1988; March 1, 1985; July 1, 1982;
Readopted Eff. September 1, 2021;
Amended Eff. August 1, 2022.
15A NCAC 07M .0303 STANDARDS FOR PUBLIC ACCESS
History Note: Authority G.S. 113A‑124; 113A‑134.1; 113A‑134.3; 153A-277(a); 160A‑314(a);
Eff. March 1, 1979;
Amended Eff. March 1, 1988; March 1, 1985; July 1, 1982;
RRC Objection due to lack of necessity and unclear language Eff. October 17, 1991;
Amended Eff. February 1, 2009; August 1, 2007; January 1, 1998; March 1, 1992;
Readopted Eff. September 1, 2021;
Repealed Eff. August 1, 2022.
15A NCAC 07M .0304 LOCAL PARTICIPATION REQUIREMENTS: BEACH ACCESS PROGRAM
15A NCAC 07M .0305 MANDATORY PUBLIC NOTICE
History Note: Authority G.S. 113A‑124; 113A‑134.3;
Eff. July 1, 1982;
Amended Eff. May 1, 1990; March 1, 1988; March 1, 1985
Repealed Eff. January 1, 1998.
15A NCAC 07M .0306 LOCAL GOVERNMENT AND STATE INVOLVEMENT IN ACCESS
History Note: Authority G.S. 113A-124; 113A-134.3;
Eff. January 1, 1998;
Amended Eff. February 1, 2009; August 1, 2007;
Readopted Eff. September 1, 2021;
Repealed Eff. August 1, 2022.
15A NCAC 07M .0307 PUBLIC BEACH AND COASTAL WATERFRONT ACCESS PROGRAM
(a) The Division of Coastal Management (DCM) has primary responsibility for administering the Public Beach and Coastal Waterfront Access Program. Subject to the availability of funds, the DCM shall annually solicit pre-application proposals from local governments and shall select competitive projects for final application submittal. Projects from these final applications shall be selected for funding based on criteria in Paragraph (h) of this Rule.
(b) The DCM may use available funds on a non-competitive basis to plan for and provide public access through acquisition and improvements. Prior to expending the funds, the DCM shall hold a public meeting or hearing at a regularly scheduled meeting of the Coastal Resources Commission (CRC) to discuss its proposal. Members of the public shall be invited to comment to the CRC for 60 days prior to the expenditure of non-competitive money by the DCM.
(c) Local governments have responsibility for the selection of public access sites within their jurisdiction. Any local government in the 20-county coastal region having ocean beaches or estuarine or public trust waters within its jurisdiction may apply for access funds for the acquisition and development of beach or coastal waterfront access facilities.
(d) Prior to submitting its final application for a Public Beach and Coastal Waterfront Access grant in accordance with Paragraph (a) of this Rule the local government shall hold a public meeting or hearing at a regularly scheduled meeting of the Commission to discuss its proposal. The local government shall consider public comments prior to its decision to apply for funds from the State.
(e) Eligible projects include:
(1) land acquisition, including acquisition of unbuildable lots as described in G.S. 113A-134.3(a);
(2) development of improvements at new or existing sites that provide public access, such as dune crossovers, piers, boardwalks, parking areas, restrooms, showers, benches, litter receptacles, and bicycle racks;
(3) development of improvements to public access at deteriorating urban waterfronts. Such projects include the establishment or rehabilitation of boardwalk areas, shoreline stabilization measures such as the installation or rehabilitation of bulkheads, and the placement or removal of pilings for the purpose of public safety and increased access and use of the urban waterfront;
(4) reconstruction, replacement, or relocation of existing, damaged facilities;
(5) offsite parking areas servicing access sites within the local government's jurisdiction;
(6) boat ramps and canoe/kayak launch areas provided that the public access facility incorporates pedestrian access to coastal waters; or
(7) maintenance of previously funded access sites. This project category is available only to Tier 1 communities. Such projects include repair and maintenance of access site facilities and amenities to ensure public health and safety. Repair and maintenance does not include activities such as trash removal, grounds keeping, or custodial services, or local government staff salaries.
(f) All projects must meet the standards of handicapped accessibility for individuals with disabilities according to the North Carolina Building Code. Exceptions may be granted where site characteristics impede accessibility improvements.
(g) The following criteria shall be used to select projects that may receive financial assistance:
(1) the applicant demonstrates a need for the project due to a high demand for public access and limited availability within the local government jurisdiction;
(2) the project is identified in the certified CAMA Land Use Plan or local access plan;
(3) the applicant has not received previous assistance from the Public Beach and Coastal Waterfront Access Program grant program or the applicant has received assistance and demonstrated its ability to complete previous projects with funds from the grant program;
(4) the applicant's commitment of matching funds exceeds the required local share of the total project cost provided in Paragraph (h) of this Rule;
(5) the project proposal includes multiple funding sources;
(6) the project location includes donated land with physical limitations, or it has been deemed unbuildable as described in G.S. 113A-134.3(a). Priority shall be given to the acquisition of lands that meet G.S. 113A-134.3(a);
(7) the project acquires land for future access improvements;
(8) the project creates handicapped accessible facilities at new access sites, adds handicapped accessible facilities to existing sites, or replaces deteriorating facilities; and
(9) the project's location is within a Tier 1 community.
(h) The applicant's matching requirements are based on project type and their designations as a Tier 1 community. Match requirements are as follows:
(1) Local government contributions for land acquisition shall be at least 15 percent of the acquisition cost, except for Tier 1 communities which shall have a local government contribution of at least 10 percent of the project cost. At least one-half of the local contribution shall be cash match, the remainder may be in-kind match.
(2) Local government contributions for access site improvements shall be at least 25 percent of the project costs, except for Tier 1 communities which shall have a local government contribution of at least 10 percent of the project costs. At least one-half of the local contribution shall be cash match, the remainder may be in-kind match.
(3) Local government contributions for maintenance of previously funded access sites shall be at least 10 percent of the maintenance project costs. At least one-half of the local government contribution shall be cash match, the remainder may be in-kind match. This project type is only available to Tier 1 communities.
(i) Federal and other State funds may be used as the local government cash contribution, provided such funds are not already being used as matching funds for other State programs.
(j) Multi-phase projects shall be considered on their own merits within the pool of applications being reviewed in any year.
(k) Projects selected for funding may not begin until the Department of Environmental Quality and grant recipient sign a contract. An exception may be granted for land acquisition projects when a waiver has been requested by the applicant in writing and approved by the Division of Coastal Management. A waiver shall be in effect for 18 months from the date of approval. A project receiving a waiver shall not receive preferential treatment in funding decisions.
History Note: Authority G.S. 113A-124; 113A-134.3;
Eff. January 1, 1998;
Amended Eff. February 1, 2009; September 1, 2007; August 1, 2000;
Readopted Eff. September 1, 2021;
Amended Eff. August 1, 2022.
15A NCAC 07M .0308 PUBLIC INVOLVEMENT/NOTICE
History Note: Authority G.S. 113A-124; 113A-134.3;
Eff. January 1, 1998;
Readopted Eff. September 1, 2021;
Repealed Eff. August 1, 2022.
15A NCAC 07M .0309 COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT
History Note: Authority G.S. 113A‑2; 113A‑124;
Eff. July 1, 1990;
Recodified from .0306 Eff. January 1, 1998;
Amended Eff. January 1, 1998;
Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.
15A NCAC 07M .0310 STANDARDS FOR PUBLIC ACCESS
(a) Public access projects funded through the Public Beach and Coastal Waterfront Access program shall be consistent with public access policies contained in the local government's land use plan as required under 15A NCAC 07B .0702(d)(2)(A), its local waterfront access plan, or a local recreation plan that addresses public access.
(b) Land acquired with Public Beach and Coastal Waterfront Access program funds shall be dedicated in perpetuity for public access and benefit of the general public, and the dedication shall be recorded in the local Register of Deeds by the grantee. Any lease or easement agreement shall extend at least 25 years. If land acquired or improved with Public Beach and Coastal Waterfront Access Program grant funds is sold or otherwise disposed of, the local government shall reimburse the State at a percentage equal to the percentage of grant funds provided for the original purchase or improvement, at current market value at the time of the sale or disposition.
(c) Local governments that receive or have received funding through this grant program shall operate and maintain the public access sites and their facilities in such a manner that public health and safety is ensured for the useful life of that facility as set forth in the individual grant contract.
(d) Local governments with public access sites funded by the Division of Coastal Management pursuant to G.S. 113A-134.3 may charge user fees as long as those fees are used exclusively for the operation, maintenance, and enhancement of existing public access sites, including trash removal, law enforcement and public safety, beach nourishment projects or the provision of new public access sites through acquisition or easement. Local governments shall prepare annual accounting reports for fees generated by Public Beach and Coastal Waterfront Access Program funded access sites and shall make the report available upon request. Any local government that has not made the most recent required accounting report available shall not receive further funding under this program until the inconsistency is corrected.
History Note: Authority G.S. 113A-124; 113A-134.1; 113A-134.3; 153A-277(a); 160A-314(a);
Eff. August 1, 2022.
SECTION .0400 - coastal energy Development – general policies
15A NCAC 07M .0401 DECLARATION OF GENERAL POLICY
(b) It is hereby declared that the general welfare and public interest require that reliable sources of energy be made available to the citizens of North Carolina. It is further declared that the development of energy facilities and energy resources within the State and in offshore waters can serve important regional and national interests. However, unwise development of energy facilities or energy resources can conflict with the recognized and equally important public interest that rests in conserving and protecting the land and water resources of the State and nation, particularly coastal lands and waters. Therefore, in order to balance the public benefits of energy development with the need to:
(1) protect coastal resources; and
(2) preserve access to and utilization of public trust resources, the planning of future uses affecting both land and public trust resources,
the exercise of regulatory authority, and determinations of consistency with the North Carolina Coastal Management Program shall assure that the development of energy facilities and energy resources shall avoid significant adverse impact upon coastal resources or uses, public trust areas and public access rights.
(c) Exploration for the development of offshore and Outer Continental Shelf (OCS) energy resources has the potential to affect coastal resources. The Federal Coastal Zone Management Act of 1972, as amended, requires that leasing actions of the federal government be consistent to the maximum extent practicable with the enforceable policies of the federally approved North Carolina Coastal Management Program, and that exploration, development and production activities associated with such leases comply with those enforceable policies. Enforceable policies applicable to OCS activities include all the provisions of this Subchapter as well as any other federally approved components of the North Carolina Coastal Management Program. All permit applications, plans and assessments related to exploration or development of OCS resources and other energy facilities shall contain information to allow analysis of the consistency of all proposed activities with these rules.
History Note: Authority G.S. 113A-102(b); 113A-107; 113A-124;
Eff. March 1, 1979;
Amended Eff. November 3, 1997 pursuant to E.O. 121, James B. Hunt Jr., 1997;
Temporary Amendment Eff. July 8, 1999; December 22, 1998;
Amended Eff. February 1, 2011; August 1, 2000;
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.
15A NCAC 07M .0402 DEFINITIONS
(b) "Impact Assessment" is an analysis of the potential environmental, economic, and social consequences, including cumulative and secondary impacts of a proposed major energy facility. An Impact Assessment includes the following and for each of the following assess the effects the project will have on the use of public trust waters, adjacent lands, and on the coastal resources, including the effects caused by activities related to exploration or development of OCS resources and other energy facilities outside the coastal area:
(1) An analysis of the preferred sites for those elements of the project affecting the use of public trust waters, adjacent lands and the coastal resources:
(A) In all cases where the preferred site is located within an area of environmental concern (AEC) or on a barrier island, the applicant shall identify alternative sites considered and present a full analysis in terms of Subparagraphs (b)(2) through (b)(9) of this Rule of the reasons why the chosen location was deemed more suitable than another feasible alternate site;
(B) If the preferred site is not located within an AEC or on a barrier island, the applicant shall present an analysis to support the proposed location over an alternate site.
(2) An analysis of the economic impacts, both positive and negative, of the proposed project. The analysis shall focus on economic impacts to the public, not on matters that are purely internal to the corporate operation of the applicant. No proprietary or confidential economic data shall be required. This analysis shall include potential adverse impacts upon the ability of any governmental unit to furnish necessary services or facilities as well as other secondary impacts.
(3) An analysis of potential adverse impacts on coastal resources, including marine and estuarine resources and wildlife resources, as defined in G.S. 113-129;
(4) An analysis of potential adverse impacts on existing industry and potential limitations on the availability of, and accessibility to, coastal resources, including beach compatible sand and water, for future use or development;
(5) An analysis of potential significant adverse impacts on recreational uses and scenic, archaeological and historic resources;
(6) An analysis of potential risks to human life or property;
(7) An analysis of the impacts on the human environment including noise, vibration and visual impacts;
(8) An analysis of the procedures and time needed to secure an energy facility in the event of severe weather conditions, such as extreme wind, currents and waves due to northeasters and hurricanes;
(9) Other specific data required for the various state and federal agencies and commissions with jurisdiction to evaluate the consistency of the proposed project with relevant standards and guidelines;
(10) A plan regarding the action to be taken upon the decommissioning and removal of the facility and related structures. The plan shall include an estimate of the cost to decommission and remove the energy facility including a discussion of the financial instrument(s) used to provide for the decommissioning and the removal of the structures that comprise the energy facility. The plan shall also include a proposed description of the condition of the site once the energy facility has been decommissioned and removed; and
(11) An analysis that the proposed project is consistent with local land use plans.
An impact analysis for a proposed major energy facility shall include the items described in Subparagraphs (b)(1) through (b)(11) of this Rule for the associated energy exploration or development activities related to exploration or development of OCS resources and other energy facilities, including all foreseeable assessments of resource potential, the gathering of scientific data, exploration wells, and any delineation activities that are likely to follow development, production, maintenance, and decommissioning.
(c) "Major energy facilities" are those energy facilities, including those described in G.S. 113A-119.2(3), which have the potential to negatively impact any land or water use or coastal resource of the coastal area. For purposes of this definition, major energy facilities shall include the following:
(1) Any facility refining petroleum consistent with G.S. 143-215.77;
(2) Any terminals (and associated facilities) capable of handling, processing, or storing petroleum products or synthetic gas as defined in G.S. 143-215.96;
(3) Any petroleum storage facility that is capable of storing 15 million gallons or more on a single site;
(4) Gas, coal, oil or nuclear electric generating facilities 300 MGW or larger;
(5) Wind energy facilities, including turbines, accessory buildings, transmission facilities, and other equipment necessary for the operation of a wind generating facility that cumulatively, with any other wind energy facility whose turbines are located within one-half mile of one another, are capable of generating three megawatts or larger;
(6) Thermal energy generation;
(7) Pipelines 12 inches or more in diameter that carry petroleum products or synthetic gas;
(8) Structures, including drillships and floating platforms located in offshore waters for the purposes of energy exploration, development, or production; and
(9) Onshore support or staging facilities related to offshore energy exploration, development, or production.
(d) "Offshore waters" are those waters seaward of the state's three-mile offshore jurisdictional boundary in which development activities may impact any land or water use or natural resource of the state's coastal area.
(1) Both adverse impacts as defined in Paragraph (a) of this Rule and impacts that promote or enhance the goals of the Coastal Area Management Act as found in G.S. 113A-102(b);
(2) The degree to which the proposed action affects public health or safety;
(3) Unique characteristics of the geographic area;
(4) The degree to which the possible effects on the environment are uncertain or involve unique or unknown risks;
(5) The degree to which the CRC's permit decisions may establish a precedent for future CRC permit decisions;
(6) The degree to which the CRC's permit decisions are related to other CRC permit decisions with individually insignificant but cumulatively significant impacts. Significance cannot be avoided by terming an action temporary or by breaking it down into small component parts; and
(8) The degree to which the CRC's permit decision may cause the loss or destruction of scientific, cultural, historical, and environmental resources as those terms are commonly defined and understood.
History Note: Authority G.S. 113A-102(b); 113A-107; 113A-119.2; 113A-124;
Eff. March 1, 1979;
Amended Eff. October 1, 1988;
Amended Eff. November 3, 1997 pursuant to E.O. 121, James B. Hunt Jr., 1997;
Temporary Amendment Eff. July 8, 1999; December 22, 1998;
Amended Eff. March 1, 2011; August 1, 2000;
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.
15A NCAC 07M .0403 coastal energy Development - specific POLICY STATEMENTS
(b) The siting and operations of major energy facilities impacting the use of public trust waters and adjacent lands or coastal resources of North Carolina shall be done in a manner that allows for protection of the environment and local and regional socio-economic goals as set forth in the local land use plans and in 15A NCAC 07H and 07M. The placement and operation of such facilities shall be consistent with state rules and statutory standards and shall comply with local land use plans and with use standards for development within AECs, as set forth in 15A NCAC 07H.
(c) Proposals, plans and permit applications for major energy facilities to be sited in or impacting any land or water use or coastal resource of the North Carolina coastal area shall include a disclosure of all costs and benefits associated with the project. This disclosure shall be prepared in the form of an impact assessment as defined in 15A NCAC 07M .0402 prepared by the applicant. If environmental documents are prepared and reviewed under the provisions of the National Environmental Policy Act (NEPA) or the North Carolina Environmental Policy Act (NCEPA), this review shall satisfy the definition of "impact assessment" if all issues listed in this Rule are addressed and these documents are submitted to review state permit applications for the project or consistency determinations.
(d) Local governments shall not restrict the development of energy facilities; however, they may develop siting measures that will minimize impacts to local resources and to identify potential sites suitable for energy facilities. This Section shall not limit the ability of a city or county to plan for and regulate the siting of a wind energy facility in accordance with land use regulations authorized under Chapter 160A, Chapter 153A, and Chapter 160D of the General Statutes. Wind energy facilities constructed within the planning jurisdiction of a city or county shall demonstrate compliance with any local ordinance concerning land use and any applicable permitting process.
(e) Energy facilities that do not require shorefront access shall be sited inland of the shoreline areas. When the siting of energy facilities along shorelines of the coastal zone area are necessary, shoreline siting shall be acceptable only if it can be demonstrated that there are no significant adverse impacts to coastal resources, public trust waters, and the public's right to access will not be restricted, and all mitigating measures have been taken to minimize impacts to AECs. Mitigating measures shall be determined after consideration of economics, technical feasibility, areal extent of impacts, and impacted area.
(f) The scenic and visual qualities of coastal areas shall be considered and protected as public resources consistent with G.S. 113A-1-2(b)(4)(a). Energy development shall be sited and designed to provide maximum protection of views to and along the ocean, sounds, and scenic coastal areas, and to minimize the alteration of natural landforms.
(g) All energy facilities in or impacting the use of public trust waters and adjacent lands or coastal resources shall be sited and operated so as to comply with the following criteria:
(1) Activities that may result in significant adverse impacts on coastal resources, including marine and estuarine resources and wildlife resources, as defined in G.S. 113-129, and significant adverse impacts on the use of public trust waters and adjacent lands in the coastal area shall be avoided;
(2) For petroleum facilities, data and information required for State permits and federal consistency reviews, pursuant to 15 CFR part 930, shall assess the risks of petroleum release or spills, evaluate possible trajectories, and enumerate response and mitigation measures employing the best available technology to be followed in the event of a release or spill. The information shall demonstrate that the potential for petroleum release or spills and ensuing damage to coastal resources has been minimized and shall factor environmental conditions, currents, winds, and inclement events such as northeasters and hurricanes, in trajectory scenarios. This same data and information shall be required for facilities requiring an Oil Spill Response Plan;
(3) Dredging, spoil disposal, and construction of structures that are likely to have significant adverse impacts on the use of public trust waters and adjacent lands or coastal resources shall be avoided;
(4) Significant adverse impacts to existing or traditional uses, such as fishing, navigation and access to public trust areas, and areas with high biological or recreational value such as those listed in Parts (10)(A) through (10)(K) of this Paragraph, shall be avoided;
(5) Placement of structures in geologically unstable areas, such as unstable sediments and active faults, shall be avoided if the siting of structures will have significant adverse impacts on the use of public trust waters, adjacent lands or coastal resources;
(6) Procedures necessary to secure an energy facility in the event of severe weather conditions, such as extreme wind, currents, and waves due to northeasters and hurricanes, shall be initiated to ensure that significant adverse impacts on the use of public trust waters, adjacent lands and coastal resources;
(7) Significant adverse impacts on federally listed threatened or endangered species shall be avoided;
(8) Major energy facilities are not appropriate uses in fragile or historic areas, and other areas containing environmental or natural resources of more than local significance, as defined in G.S. 113A-113(b)(4), such as parks, recreation areas, wildlife refuges, and historic sites;
(9) Energy facilities shall not be sited in areas where they pose a threat to the integrity of the facility and surrounding areas, such as ocean front areas with high erosion rates, areas having a history of overwash or inlet formation, and Inlet Hazard Areas identified in 15A NCAC 07H .0304;
(10) In the siting of energy facilities and related structures, significant adverse impacts to the following areas shall be avoided:
(A) areas of high biological significance, including offshore reefs, rock outcrops, hard bottom areas, sea turtle nesting beaches, coastal wetlands, primary or secondary nursery areas or spawning areas and essential fish habitat areas of particular concern as designated by the appropriate fisheries management agency, oyster sanctuaries, submerged aquatic vegetation as defined by the Marine Fisheries Commission, colonial bird nesting areas, and migratory bird routes;
(B) tracts of maritime forest in excess of 12 contiguous acres and areas identified as eligible for registration or dedication by the North Carolina Natural Heritage Program;
(C) crossings of streams, rivers, and lakes except for existing corridors;
(D) anchorage areas and port areas;
(E) artificial reefs, shipwrecks, and submerged archaeological resources;
(F) Ocean Dredged Material Disposal Sites;
(G) primary dunes and frontal dunes;
(H) established recreation or wilderness areas, such as federal, state and local parks, forests, wildlife refuges;
(I) military air space, training or target area and transit lanes;
(J) cultural or historic sites of more than local significance; and
(K) segments of Wild and Scenic River System.
(11) Construction of energy facilities shall occur only during periods of lowest biological vulnerability. Nesting and spawning periods shall be avoided; and
(12) If facilities located in the coastal area are abandoned, habitat of value equal to or greater than that existing prior to construction shall be restored following abandonment. For abandoned facilities outside the coastal area, habitat in the areas shall be restored to its preconstruction state and functions if the abandonment of the structure is likely to have significant adverse impacts on the use of public trust waters, adjacent lands or coastal resources.
History Note: Authority G.S. 113A-102(b); 113A-107; 113A-124;
Eff. March 1, 1979;
Amended Eff. April 1, 1992;
Amended Eff. November 3, 1997 pursuant to E.O. 121, James B. Hunt Jr., 1997;
Temporary Amendment Eff. July 8, 1999; December 22, 1998;
Amended Eff. February 1, 2011; August 1, 2000;
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.
SECTION .0500 ‑ POST‑DISASTER POLICIES
15A NCAC 07M .0501 DECLARATION OF GENERAL POLICY
It is hereby declared that the general welfare and public interest require that all state agencies coordinate their activities to reduce the damage from coastal disasters. As predisaster planning can lay the groundwork for better disaster recovery, it is the policy of the State of North Carolina that adequate plans for post‑disaster reconstruction should be prepared by and coordinated between all levels of government prior to the advent of a disaster.
History Note: Authority G.S. 113A‑102; 113A‑107; 113A‑120; 113A‑124(c);
Eff. October 1, 1982;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 07M .0502 DEFINITIONS
History Note: Authority G.S. 113A‑102; 113A‑107; 113A‑120; 113A‑124(c);
Eff. October 1, 1982;
Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.
15A NCAC 07M .0503 POLICY STATEMENTS
History Note: Authority G.S. 113A‑119; 113A‑124(b);
Eff. October 1, 1982;
Amended Eff. May 1, 1990;
RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.
SECTION .0600 ‑ FLOATING STRUCTURE POLICIES
15A NCAC 07M .0601 DECLARATION OF GENERAL POLICY
It is hereby declared that the general welfare and public interest require that floating structures, as defined in G.S. 113A-103(5a), to be used for residential or commercial purposes not encroach upon the public trust, except as allowed by Rule .0603 of this Section, nor discharge into the public trust waters of the coastal area of North Carolina.
History Note: Authority G.S. 113A‑102; 113A‑107; 113A‑108; 113A‑118; 113A‑120(a)(8); 113A-103; 113A-113(5);
Eff. July 1, 1983;
Readopted Eff. January 1, 2023.
15A NCAC 07M .0602 DEFINITIONS
History Note: Authority G.S. 113A‑102; 113A‑107; 113A‑108; 113A‑118; 113A‑120(a)(8);
113A‑124(c)(5);
Eff. July 1, 1983;
Repealed Eff. September 1, 2023.
15A NCAC 07M .0603 POLICY STATEMENTS
(a) It is the policy of the State of North Carolina that floating structures shall not be allowed or permitted within the public trust waters of the coastal area except in a marina permitted as development pursuant to the Coastal Area Management Act of 1974.
(b) All floating structures shall be in conformance with local regulations for on‑shore sewage treatment.
(c) A boat shall be deemed a floating structure when its means of propulsion has been removed or rendered inoperative and it contains at least 200 square feet of living space area.
History Note: Authority G.S. 113A‑102; 113A‑107; 113A‑108; 113A‑118; 113A‑120(a)(8); 113A-103; 113A-119.2(a)(2);
Eff. July 1, 1983;
Readopted Eff. January 1, 2023.
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.
15A NCAC 07M .0702 DEFINITIONS
For the purposes of this Subchapter, mitigation is defined as the enhancement, creation, or restoration of coastal resources to maintain the characteristics and processes of coastal ecosystems such as natural biological productivity, habitat and species diversity, physical integrity, water quality and aesthetics.
History Note: Authority G.S. 113A‑102(b); 113A‑107; 113A‑113; 113A‑120(a); 113A‑124;
Eff. January 1, 1984;
Readopted Eff. October 1, 2022.
15A NCAC 07M .0703 MITIGATION Projects
(a) Before the CRC may approve a development project for mitigation the applicant shall demonstrate that all of the following criteria are met:
(1) there is no alternate design or location for the project that would avoid the losses to be mitigated;
(2) the entire project for which the permit is requested is dependent upon being located within or in proximity to public trust waters and coastal wetlands; and
(3) benefits to the public interest will outweigh adverse impacts to the environment. A benefit to the public interest may be established by a project which has been shown to be the least damaging alternative and which:
(A) if publicly funded, creates benefits of national or state importance. This category may include public roadways, navigation projects, state ports, and projects designed to provide public access to public trust waters;
(B) if privately funded, provides increased access opportunities to public trust resources to the general public for free or for a nominal fee, or provides economic benefits to the State or community and is consistent with the local land use plan.
(b) Mitigation may also be the basis for CRC approval for projects which cannot meet all the criteria of 15A NCAC 07M .0703(a) if the CRC determines that public benefits of the project and enhancement and protection of the environment outweigh environmental losses based on the criteria set out in 15A NCAC 07M .0703(d).
(c) Mitigation projects may be considered by the CRC during the permit processing time prescribed in 15A NCAC 07J .0204, in accordance with the procedures set out in 15A NCAC 07J .0600 concerning declaratory rulings. The applicant may request a declaratory ruling on the applicability of the mitigation policy as set forth in 15A NCAC 07M .0703(a) provided that the applicant agrees that the permit processing time period set out in 15A NCAC 07J .0600 will not run during the pendency of the declaratory ruling consideration. If a declaratory ruling is to be issued pursuant to the applicant's request, a public meeting will be held to discuss the proposed project and to assist the Commission in obtaining the information necessary to make the declaratory ruling, and to receive comments from the public prior to presenting the ruling request to the Commission. Information concerning the proposed mitigation may also be introduced at the meeting. CRC approval of the mitigation project is binding on the Commission and the applicant in accordance with 15A NCAC 07J .0603(e).
(d) In determining whether to approve an application for development for which mitigation is proposed, the Division of Coastal Management shall consider the scope of the project, the site of the proposed mitigation, the amount of mitigation proposed, the historic uses of the development site and mitigation site, the public trust, and significant adverse impacts.
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.
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.
15A NCAC 07M .0705 REVIEW PROCEDURES
Initial denials of mitigation projects, pursuant to the procedures of 15A NCAC 7M .0703(c), and permit denials, based on inconsistency with 15A NCAC 7H .0208, which are to be offset by mitigation proposals shall be reviewed by the CRC through the appeal procedures set forth in 15A NCAC 7J .0300.
History Note: Authority G.S. 113A‑102(b); 113A‑107; 113A‑113; 113A‑120(a); 113A‑124;
Eff. January 1, 1984;
Amended Eff. November 1, 1984;
Readopted Eff. October 1, 2022.
SECTION .0800 ‑ COASTAL WATER QUALITY POLICIES
15A NCAC 07M .0801 DECLARATION OF GENERAL POLICIES
History Note: Authority G.S. 113A‑102(b); 113A‑107; 113A‑124; 16 U.S.C. s. 1453(12);
Eff. November 1, 1985;
RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.
15A NCAC 07M .0802 POLICY STATEMENTS
History Note: Authority G.S. 113A‑102(b); 113A‑107; 113A‑124; 16 U.S.C. s. 1453(12);
Eff. November 1, 1985;
Amended Eff. October 1, 1988;
RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.
SECTION .0900 ‑ POLICIES ON USE OF COASTAL AIRSPACE
15A NCAC 07M .0901 DECLARATION OF GENERAL POLICY
History Note: Authority G.S. 113A‑102(b); 113A‑107; 16 U.S.C. Sec. 1453 (12);
Eff. March 1, 1990;
RRC Objection due to lack of necessity Eff. October 17, 1991;
Amended Eff. March 1, 1992;
Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.
15A NCAC 07M .0902 POLICY STATEMENTS
(a) It is the policy of the State of North Carolina that access corridors free of special use airspace designations shall be preserved along the length of the barrier islands and laterally at intervals not to exceed 25 miles to provide unobstructed access both along the coastline and from inland areas to the coast. Such access corridors shall extend from the surface to an altitude of 6000 feet above sea level except where communication and radar services allow positive aircraft control at lower altitudes.
(b) Development of aviation‑related projects and associated airspace management practices shall, to the maximum extent practicable, facilitate use of aircraft by local, state and federal government agencies for purposes of resource management, law enforcement and other activities related to the public health, safety and welfare. In any case, access to restricted areas shall be provided on a periodic basis for routine enforcement flights and access shall be provided on an emergency basis when required to respond to an immediate threat to public health and safety.
History Note: Authority G.S. 113A‑102(b); 113A‑107;
Eff. March 1, 1990.
SECTION .1000 ‑ POLICIES ON WATER AND WETLAND BASED TARGET AREAS FOR MILITARY TRAINING ACTIVITIES
15A NCAC 07M .1001 DECLARATION OF GENERAL POLICY
History Note: Authority G.S. 113A‑102(b); 113A‑107;
Eff. March 1, 1990.
RRC objection September 17, 2022 and rule returned to agency on October 5, 2023.
15A NCAC 07M .1002 POLICY STATEMENTS
History Note: Authority G.S. 113A‑102(b); 113A‑107;
Eff. March 1, 1990;
RRC objection September 17, 2022 and rule returned to agency on October 5, 2023.
SECTION .1100 ‑ BENEFICIAL USE of dredged materials from NAVIGATIONAL CHANNEL maintenance and excavation – general policies
15A NCAC 07M .1101 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) Dredged material disposal practices may result in removal of material important to the sediment budget of ocean and inlet beaches. This activity may adversely impact 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. In addition, new sites for disposal are increasingly harder to find due to 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.
15A NCAC 07M .1102 POLICY STATEMENTS
(a) Clean, beach quality material that meets the criteria set forth in Rule 15A NCAC 07H .0312 dredged from navigation channels within the active nearshore or ocean beach as defined in 15A NCAC 07H .0305 or inlet hazard area as defined in 15A NCAC 07H .0304(2) shall not be removed permanently from the active nearshore, beach or inlet hazard area unless the Director of the Division of Coastal Management determines that no practicable alternative exists pursuant to the criteria in G.S. 113A-120(a)(9). Preferably, this dredged material will be disposed of on the ocean beach or shallow active nearshore area where environmentally acceptable and compatible with other uses of the beach.
(b) The Division of Coastal Management shall grant proposals for the use of dredged material in disposal sites not privately owned shall be available by anyone proposing placement in or on the active nearshore, ocean beach, or inlet hazard area in a manner not inconsistent with Paragraph (a) of this Rule based on the availability of dredged material, priority of the requests, and consideration of the criteria in G.S. 113A-120(a).
History Note: Authority G.S. 113A‑107; 113A-118(f); 113-229;
Eff. October 1, 1992;
Readopted Eff. March 1, 2023.
SECTION .1200 - POLICIES ON OCEAN MINING
15A NCAC 07M .1201 DECLARATION OF GENERAL POLICY
History Note: Authority G.S. 113A-102; 113A-103; 113A-107;
Eff. August 1, 1998;
RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.
15A NCAC 07M .1202 POLICY STATEMENTS
History Note: Authority G.S. 113A-102; 113A-107;
Eff. August 1, 1998;
RRC objection September 16, 2022 and rule returned to agency on December 7, 2022.