SUBCHAPTER 07I ‑ SECRETARY'S GRANT CRITERIA AND PROCEDURES FOR LOCAL IMPLEMENTATION AND ENFORCEMENT PROGRAMS UNDER THE COASTAL AREA MANAGEMENT ACT

 

SECTION .0100 ‑ PURPOSE

 

15A NCAC 07I .0101        AUTHORITY

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. June 1, 2006; May 1, 1990;

Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

 

15A NCAC 07I .0102        POLICY

The purpose of these criteria is to establish the means and procedures by which local governments may request and receive the funds necessary to implement locally developed Coastal Area Management Act implementation and enforcement programs. These provisions are designed to ensure that no local government will have to forego the assumption of permit‑letting authority because of inadequate local finances or to severely burden its local budget in order to undertake a Coastal Area Management Act local implementation and enforcement program. These provisions are designed to ensure that localities will be treated uniformly yet equitably with the goal that two localities in similar situations will be similarly treated.

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. August 1, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

 

SECTION .0200 ‑ POLICY AND STANDARDS

 

15A NCAC 07I .0201        VALUE OF COASTAL RESOURCES

15A NCAC 07I .0202        MULTI‑UNIT PROGRAMS

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

ARRC Objection Lodged March 15, 1990;

Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

 

15A NCAC 07I .0203        ELIGIBILITY: FUNDING LEVEL

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Repealed Eff. August 1, 1978.

 

15A NCAC 07I .0204        LOCAL ORDINANCE REQUIRED

Each local government applying for an implementation and enforcement grant shall have adopted local ordinance(s) necessary to give effect to the local implementation and enforcement plan that has been approved by the Commission for its jurisdiction.

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977.

 

15A NCAC 07I .0205        ACCOUNTABILITY

In general, local governments that are subgrantees of federal and state funds administered by the Department of Environment, Health, and Natural Resources will be subject to accounting techniques and procedures similar to those applicable to the Department of Environment, Health, and Natural Resources as grantee of federal funds administered by the National Oceanic and Atmospheric Administration. More specifically, the requirements of General Statutes and standards generally applicable to local governments, Federal Management Circulars 74‑4 and 74‑7, and National Oceanic and Atmospheric Administration administrative grants standards will be observed. These standards and regulations are the same as those applicable to Coastal Area Management Act land use planning grants.

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. May 1, 1990; May 20, 1980;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

 

15A NCAC 07I .0206        FUTURE FUNDING

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. June 1, 2006; May 1, 1990;

Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

 

SECTION .0300 ‑ APPLICATION PROCEDURES

 

 

15A NCAC 07I .0301        APPLICATION FORM

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Repealed Eff. August 1, 1978.

 

15A NCAC 07I .0302        APPLICATION PROCESS

(a)  An application form is not required for local governments having entered into previous agreements with the Department for reimbursement under this Rule.  Local governments without previous agreements shall contact the Division of Coastal Management at 400 Commerce Avenue, Morehead City, NC 28557.

(b)  The geographic jurisdiction shall be the same as identified in the local Implementation and Enforcement Program.  Where two or more local governments are combined for grant administration, a written statement to this effect shall be submitted to the Division of Coastal Management and signed by local officials.

(c)  Based on the availability of state or federal funds, agreements shall be renewed on an annual basis.  The grant year runs from July 1 through June 30, and local governments may receive amendments to their contracts after the end of each grant year updating the previous agreements.

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. June 1, 2005; October 1, 1988; October 1, 1982; May 20, 1980.

 

15A NCAC 07I .0303        RESERVED

15A NCAC 07I .0304        RESERVED

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. October 1, 1982; August 1, 1978;

Repealed Eff. August 1, 1988.

 

15A NCAC 07I .0305        GRANT ADMINISTRATION

(a)  Reimbursement shall be made quarterly upon submittal of composite records after the last day of the last month of the relevant quarter.  Composite records will include each applicant's name, the date of the application, the date of public notice, the relevant AEC type, the permit decision, the decision date and any vouchers for training expenses, special projects or other documents as required by the contract between the locality and the Department of Environment and Natural Resources.

(b)  Grant Contract.  Prior to the disbursement of funds, the locality and the Department shall become parties to a contract.

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. August 1, 1978;

Amended Eff. June 1, 2006; May 1, 1990; November 1, 1984; October 1, 1982; May 20, 1980.

 

15A NCAC 07I .0306        GRANT CONDITIONS

(a)  All contracts shall provide notice of any conditions which affect the quarterly grant payments.

(b)  At a minimum, the following conditions will apply:

(1)           Per permit reimbursements will only be made after certification is received by the secretary (from the local permit officer) that all CAMA standards have been observed when the permitted activity is completed;

(2)           Final quarterly payment for a given fiscal year will be withheld pending receipt by the secretary of an annual permit summary, said summary to consist of a description of all permits processed in the locality by the applicant's name, address, date of application, AEC type, permit decision, and decision date;

(3)           Quarterly verification from the relevant field office/CAMA field consultant specified in the contract that the following permit information has been received for each permit processed in the quarter:

(A)          one copy of the permit application mailed to the appropriate field consultant or field office of the Division of Coastal Management within five working days of acceptance by the local government,

(B)          one copy of the legal notice associated with the application,

(C)          one copy of the final decision and any associated permit conditions;

(4)           Approval of any special project necessitates compliance with conditions deemed necessary by the secretary to ensure compliance with the standards and policies of this Subchapter.

(c)  No quarterly payment will be made until all applicable grant conditions are met.  Local governments not meeting the timetable specified in Subparagraph (b)(3) of this Rule will not be reimbursed for the permits in question.

 

History Note:        Authority G.S. 113A‑124;

Eff. May 20, 1980;

Amended Eff. May 1, 1990; June 12, 1981.

 

SECTION .0400 ‑ GENERALLY APPLICABLE STANDARDS

 

15A NCAC 07I .0401        PROGRAM COSTS

(a)  Costs associated with the management of a local Implementation and Enforcement Program shall be recovered on a per permit basis unless specified elsewhere in this Rule.

(b)  The per permit reimbursement rate has been set in consideration of local costs, such as salaries, office supplies, copying, mailing and telephone use, and funds made available to the Division of Coastal Management.  These rates are set as follows:

(1)           All county permit‑letting authorities are eligible to receive seventy‑five dollars ($75.00) for each processed permit.

(2)           All municipal permit‑letting authorities are eligible to receive fifty‑five dollars ($55.00) for each processed permit.

(3)           For multi‑unit programs involving a county and a municipality, the higher county rate applies; however, programs involving two or more municipalities shall use the municipal rate.

(4)           Follow‑up inspections are required when the permitted activity is completed, and such inspections shall be documented on a form provided by the Division; the follow‑up inspection fee received by all local governments is set at forty dollars ($40.00).

(c)  Training costs for Local Permit Officers (LPOs) at the Department of Environment and Natural Resources annual training session are limited to a maximum two hundred dollars ($200.00/LPO) for up to three LPOs per local government upon submittal of proper receipts.  No funds will be provided for attendance at Coastal Resources Commission meetings.

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. July 1, 2013; May 1, 1990; October 1, 1982; May 20, 1980; August 1, 1978.

 

15A NCAC 07I .0402        INELIGIBLE ACTIVITIES

(a)  Costs not associated with CAMA permit letting are not eligible for reimbursement.

(b)  The following costs are presumed not to be eligible:

(1)           the costs of local appeal,

(2)           attorneys fees,

(3)           bookkeeping or accountant costs,

(4)           fines and penalties.

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. August 1, 1978.

 

15A NCAC 07I .0403        COMPUTATIONS

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Repealed Eff. August 1, 1978.

 

15A NCAC 07I .0404        DESIGNATED LOCAL OFFICIAL

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. August 1, 1978;

Repealed Eff. November 1, 1984.

 

15A NCAC 07I .0405        PERMIT PROJECTIONS

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. August 1, 1978;

Repealed Eff. October 1, 1982.

 

15A NCAC 07I .0406        APPLICATION FEES

The application fees collected by the locality shall be used only to defray the administrative costs associated with the processing of a CAMA minor permit development application.  Deficits resulting from administrative costs exceeding amounts received from application fees shall be recovered from permit reimbursements.  The application fee shall be consistent with 15A NCAC 07J .0204(b)(6)(B).

 

History Note:        Authority G.S. 113A‑112; 113A‑119; 113A‑124;

Eff. December 10, 1977;

Amended Eff. July 1, 2013; October 1, 1982; May 20, 1980; August 1, 1978.

 

15A NCAC 07I .0407        GRANT CONSISTENCY

The application shall be consistent with the local implementation and enforcement plan adopted by the locality and approved by the Coastal Resources Commission.

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

 

15A NCAC 07I .0408        GRANT ADMINISTRATION

 

History Note:        Authority G.S. 113A‑112; 113A‑124;

Eff. December 10, 1977;

Amended Eff. October 1, 1982; May 20, 1980; August 1, 1978;

Repealed Eff. November 1, 1984.

 

SECTION .0500 ‑ LOCAL IMPLEMENTATION AND ENFORCEMENT PLANS

 

15A NCAC 07I .0501        PURPOSE

The Coastal Area Management Act authorizes, but does not require, a city or county in the coastal area to act as a permit‑letting agency for minor development permits in areas of environmental concern. These Rules establish the criteria for preparation of local implementation and enforcement plans by local governments. Before a local government can become a permit‑letting agency, a plan consistent with these criteria must be submitted to the Coastal Resources Commission for approval. These criteria are provided to assist local government in:

(1)           establishing procedures to be followed in developing local implementation and enforcement programs;

(2)           establishing the scope and coverage of said programs;

(3)           establishing minimum standards to be prescribed in said programs;

(4)           establishing staffing requirements of permit‑letting agencies;

(5)           establishing permit‑letting procedures;

(6)           establishing priorities of regional and statewide concern;

(7)           establishing that the program is consistent with the land use plan.

 

History Note:        Authority G.S. 113A‑117; 113A‑124(c);

Eff. November 1, 1984;

Amended Eff. December 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

 

15A NCAC 07I .0502        DEFINITIONS

(a)  All definitions set out in G.S. 113A ‑ 100 through ‑ 128 apply herein.

(b)  The following definitions apply whenever these words appear in this Section:

(1)           City. The word "city" means any of the incorporated cities within the 20 coastal counties.

(2)           County. The word "county" means any one of the 20 counties in the coastal area.

(3)           Land Use Plan. The term "land use plan" refers to the plan prepared by local government for submission to the Coastal Resources Commission pursuant to Part 2 of the Coastal Area Management Act.

(4)           Local Management Program. The term "local management program" means the local implementation and enforcement program of a coastal city or county that has expressed an intention (as described in G.S. 113A‑117) to administer a permit program for minor development in areas of environmental concern located within such county or city.

(5)           Local Permit Officer. The term "local permit officer" refers to the locally designated official who will administer and enforce the minor development permit program in areas of environmental concern and all parts of the land‑use plan which the local government may wish to enforce over the entire planning area.

(6)           Management Plan (Plan). The term "management plan" refers to the written description of the management program which shall be submitted to the Coastal Resources Commission.

(7)           Secretary. The word "Secretary" refers to the Secretary of Environment and Natural Resources.

 

History Note:        Authority G.S. 113A‑116; 113A‑117; 113A‑124(c);

Eff. November 1, 1984;

Amended Eff. June 1, 2006; May 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

 

15A NCAC 07I .0503        ADOPTION

Each local permit‑letting agency submitting a letter of intent before July 1, 1976 must adopt a management plan before July 1, 1977. A local permit‑letting agency submitting a letter of intent later than two years after July 1, 1974, must adopt a management plan within the time stated by the Commission upon receipt of a letter of intent.

 

History Note:        Authority G.S. 113A‑116; 113A‑117(b);

Eff. November 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

 

15A NCAC 07I .0504        RECORD OF HEARINGS AND COMMENTS

Each permit‑letting agency must compile and maintain a complete record of the public hearing on its proposed management plan and comments received pursuant to G.S. 113A‑117.  The record of the public hearing, written comment, and any documentation filed with the local permit‑letting agency as to the proposed management plan must:

(1)           consist of a written account from the minutes or transcribed from an electronic recording, and all written documents;

(2)           remain open for 15 days after the hearing;

(3)           be available to the Commission upon request.

 

History Note:        Authority G.S. 113A‑117(b); 113A‑124(c)(5);

Eff. November 1, 1984.

 

15A NCAC 07I .0505        CONTENT OF PLAN

(a)  The plan for the local implementation and enforcement program shall include the following elements:

(1)           the geographic extent of jurisdiction of the local management program;

(2)           a description of the criteria to be used in choosing the permit officer;

(3)           methods of permit processing and coordinating procedures;

(4)           methods for identifying and taking into account projects and impacts of regional, state and national concern;

(5)           a copy of all existing or proposed local ordinances relating to zoning and land use in areas of environmental concern or any other relevant subject in order that the Commission may determine:

(A)          whether there is sufficient authority to enforce the program described in the local management plan;

(B)          whether any local ordinances are inconsistent with the approved land use plan.  No plan will be approved for any county or city if the Commission determines either that the local government unit lacks sufficient authority to enforce the program or that the local government unit has an ordinance or ordinances inconsistent with its land use plan.

(b)  The plan may also include the following elements for the remainder of the zoning jurisdiction of the county or city:

(1)           a copy of all local ordinances relating to land use or any other subject relevant to land use;

(2)           procedures for assuring consistency of governmental actions with the approved land use plan for the entire jurisdiction.

(c)  The remaining rules within this Section provide criteria which shall act as guidelines for cities and counties in drafting the local management plan describing their local management program.

 

History Note:        Authority G.S. 113A‑117; 113A‑124(c);

Eff. November 1, 1984.

 

15A NCAC 07I .0506        ALLOCATION OF AUTHORITY

(a)  A county may establish permit‑letting authority for any city or part thereof that lies within said county if such city does not submit a letter of intent to the Coastal Resources Commission or states to the Coastal Resources Commission its intent not to become a local permit‑letting agency.

(b)  A city management plan shall be limited to its corporate boundaries and to any extra‑territorial zoning area over which it may have established control at the time it requested authority to act as a permit‑letting agency or over which it later gains control.

(c)  A county implementation and enforcement plan shall be limited to areas not covered by any city plans unless the county acts as the permit‑letting agency for a city or cities.  A county shall begin such duties only after the county's implementation and enforcement plan has been amended to include such areas.

(d)  In any city in which neither the city nor the county elects to become the permit‑letting agency, the secretary shall have that duty.

(e)  Only the Department of Environment and Natural Resources shall issue a permit for major development.

 

History Note:        Authority G.S. 113A‑117(b); 113A‑124(c)(5);

Eff. November 1, 1984;

Amended Eff. June 1, 2006; May 1, 1990.

 

15A NCAC 07I .0507        LOCAL PERMIT OFFICER

(a)  The local plan shall designate an existing official or create a new position for an official who shall receive, review and take all appropriate action as to applications for minor development permits.  The locality shall inform the Department of all permit officers who will implement or enforce the local management plan.

(b)  The plan shall specify the job requirements as mandated by these criteria.

(c)  The permit officer shall attend the  department's training course within one year of his appointment.  The officer shall also attend those regular regional work sessions held by the Department to inform and coordinate the activities of the local permit officers in each region.

(d)  In order to continue to process permits in a timely fashion and to avoid the issuance of passive grants, eligible permit‑letting agencies shall immediately notify the Commission in writing when the local permit officer resigns or is for any reason unable to perform his or her duties.

(e)  This notice shall indicate the method or methods by which the locality will continue to process permits in a thorough and timely fashion.  Such methods can include, but are not limited to, the following:

(1)           The appointment of a temporary local permit officer (LPO) until such time as a permanent replacement is selected.

(2)           The appointment of one or more LPO(s).

(3)           Evidence that an agreement exists between the locality and another appropriate agency for the assumption of the permit program.

(4)           A formal request that the secretary assume the permit function for the locality.

(f)  From date of receipt and acceptance of application and/or decision on an application, the local permit officer must within five workings days mail and/or submit copies of same to the appropriate field consultant or the nearest field office of the Division of Coastal Management.

(g)  The permit officer shall, on a quarterly basis, summarize for the commission the receipt and disposition of all permit applications for the immediately preceding quarter.

 

History Note:        Authority G.S. 113A‑121(b); 113A‑117; 113A‑124;

Eff. November 1, 1984;

Amended Eff. May 1, 1990.

 

15A NCAC 07I .0508        CONSIDERATION OF APPLICATION BY PERMIT OFFICER

(a)  The method of consideration of minor development permit requests by the permit officer must be uniform in application and must be set out in writing and available for public inspection.  The permit officer shall use only forms approved by the Commission in its handling of any minor development permit application.

(b)  The local management plan shall specify the procedures which will be followed in the handling and consideration of all applications for a minor development permit, including appropriate response to receipt of an application for a major development permit.

(c)  The permit officer shall maintain a record of all applications, correspondence, public notices, responses from public notices, and a copy of his final disposition for all permit applications whether issued or denied.

(d)  The permit officer, in his handling of all minor development permit applications, must use a numbering system which will be developed by the Commission in consultation with local government.

(e)  It is the policy of the Coastal Resources Commission to allow local government the greatest flexibility in coordinating minor development permits with all other local permits and approvals.  The Commission requires, however, that the plan eventually submitted state how this coordination will be accomplished.

 

History Note:        Authority G.S. 113A‑124(c)(5);

Eff. November 1, 1984.

 

15A NCAC 07I .0509        NOTICE OF CIVIL ACTION

Local permit officers shall notify the Division of Coastal Management of any civil action undertaken by or against them under the Coastal Area Management Act as soon as they become aware of such action.

 

History Note:        Authority G.S. 113A‑117; 113A‑126(b);

Eff. November 1, 1984;

Amended Eff. June 1, 2006; May 1, 1990.

 

15A NCAC 07I .0510        COMMISSION REVIEW AND ACCEPTANCE OF THE LOCAL PLAN

The local management plan adopted by any local permit‑letting agency must be submitted to the Commission for review.  The Commission will evaluate the proposed local management plan as required in G.S. 113A‑117(c) and will assess the plan in terms of the local land use plan, the CAMA Land Use Planning Guidelines described in 15A NCAC 7B .0100, the Coastal Area Management Act and these rules.

 

History Note:        Authority G.S. 113A‑117(c); 113A‑124;

Eff. November 1, 1984;

Amended Eff. October 1, 1988.

 

15A NCAC 07I .0511        COMMITMENT TO ADOPT LOCAL MANAGEMENT PLAN AS ORDINANCE

The local governing body shall enter into a commitment to accept the local management plan as part of the city or county code of ordinances within a three‑month period.

 

History Note:        Authority G.S. 113A‑117(c); 113A‑124(c)(5);

Eff. November 1, 1984.

 

SECTION .0600 ‑ AMENDMENT OF LOCAL MANAGEMENT PLAN

 

 

15A NCAC 07I .0601        NOTICE AND PUBLIC HEARING REQUIREMENT

Amendment of the local management plan shall follow the notice and public hearing requirements set forth in the Coastal Area Management Act and these Rules pertaining to the adoption of the original program.

 

History Note:        Authority G.S. 113A‑117(b);

Eff. November 1, 1984;

Amended Eff. December 1, 1991.

 

15A NCAC 07I .0602        COASTAL RESOURCES COMMISSION APPROVAL

An amendment of a local plan shall be submitted to the Coastal Resources Commission for approval in the same manner in which the original management plan is submitted.

 

History Note:        Authority G.S. 113A‑124(c)(5);

Eff. November 1, 1984.

 

SECTION .0700 ‑  FAILURE TO ENFORCE AND ADMINISTER PLAN

 

 

15A NCAC 07I .0701        SANCTION FOR VIOLATIONS BY THE LOCAL PERMIT‑LETTING AGENCY

(a)  When the local permit‑letting agency fails to administer or enforce the local management plan submitted to the Commission and approved by it, the Commission shall:

(1)           notify the local permit‑letting agency in writing that it is in violation of the provisions of its local management plan and specify the grounds for such charges of violations;

(2)           inform the local permit‑letting agency of specific deficiencies in administration and enforcement;

(3)           inform the local permit‑letting authority of its opportunity to request a hearing before the Commission at which time it may make any presentation or present any arguments relevant to the issue raised in the Commission letter to the local agency.  The Commission may at its sole discretion hear from any other affected person at the hearing.

(b)  If the conditions are not remedied or corrected within 90 days after receipt of commission notification of such violation, the Commission shall assume the duties of the local permit‑letting agency until the local permit‑letting agency indicates to the Commission in writing its willingness and/or ability to perform in conformance with its approved local management plan.  Any changes in circumstances affecting the agency's willingness and/or ability to properly administer the local management plan also shall be substantiated in writing to the Commission.

 

History Note:        Authority G.S. 113A‑117(d); 113A‑124;

Eff. November 1, 1984.

 

15A NCAC 07I .0702        WHEN AN ACTION EXCEEDS THE LOCAL AUTHORITY

When the local permit‑letting agency exceeds the scope and extent of its authority, which is limited to consideration of applications proposing minor development as defined in the Coastal Area Management Act, that action shall be null, void and of no effect.  The determinations of the commission shall be binding on the local permit‑letting agency as to questions of such jurisdiction.

 

History Note:        Authority G.S. 113A‑118(e); 113A‑120(c); 113A‑124(c)(5);

Eff. November 1, 1984.