15A ncac 07h .2505      SPECIFIC CONDITIONS

(a)  The replacement of a damaged or destroyed structure shall take place within the footprint and dimensions that existed immediately prior to the damaging hurricane or tropical storm.  No structural enlargement or additions shall be allowed.

(b)  Structure replacement, dune reconstruction, and maintenance excavation authorized by this permit shall conform to the existing use standards and regulations for exemptions, minor development permits, and major development permits, including general permits.  These use standards include, but are not limited to:

(1)           15A NCAC 07H .0208(b)(6) for the replacement of docks and piers;

(2)           15A NCAC 07H .0208(b)(7) for the replacement of bulkheads and shoreline stabilization measures;

(3)           15A NCAC 07H .0208(b)(9) for the replacement of wooden and riprap groins;

(4)           15A NCAC 07H .1500 for maintenance excavation activities; and

(5)           15A NCAC 07H .1800 for beach bulldozing in the Ocean Hazard AEC.

(c)  The replacement of an existing dock or pier facility, including associated structures, marsh enhancement breakwaters, or groins shall be set back 15 feet from the adjoining property lines and the riparian access dividing line.  The line of division of riparian access shall be established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge.  Application of this Rule may be aided by reference to the approved diagram in 15A NCAC 07H .1205, illustrating the rule as applied to various shoreline configurations.  Copies of the diagram may be obtained from the Division of Coastal Management.  When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable.  The setback may be waived by written agreement of the adjacent riparian owner(s) or when the two adjoining riparian owners are co‑applicants.  Should the adjacent property be sold before replacement of the structure begins, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating any construction of the structure.


History Note:        Authority G.S. 113A‑107; 113A‑118.1;

Temporary Adoption Eff. October 2, 1999;

Temporary Adoption Expired on July 28, 2000;

Eff. April 1, 2001;

Amended Eff. September 1, 2016.