15A NCAC 07J .0403       DEVELOPMENT PERIOD/COMMENCEMENT/CONTINUATION

(a)  New dredge and fill permits and CAMA permits, excepting beach bulldozing when authorized through issuance of a CAMA minor permit, shall expire on December 31 of the third year following the year of permit issuance.

(b)  Pursuant to Subparagraph (a) of this Rule, a minor permit authorizing beach bulldozing shall expire 30 days from the date of permit issuance when issued to a property owner(s).  Following permit expiration, the applicant is entitled to request an extension in accordance with Rule .0404(a) of this Section.

(c)  Development After Permit Expiration Illegal.  Any development done after permit expiration shall be considered unpermitted and shall constitute a violation of G.S. 113A-118 or G.S. 113-229.  Any development to be done after permit expiration shall require either a new permit, or renewal of the original permit according to 15A NCAC 7J .0404 with the exception of Paragraph (e) of this Rule.

(d)  Commencement of Development in Ocean Hazard AEC.  No development shall begin until the oceanfront setback requirement can be established.  When the possessor of a permit or a ruling of exception is ready to begin construction, he shall arrange a meeting with the appropriate permitting authority at the site to determine the oceanfront setback.  This setback determination shall replace the one done at the time the permit was processed and approved and construction must begin within a period of 60 days from the date of that meeting.  In the case of a major shoreline change within that period a new setback determination will be required before construction begins.  Upon completion of the measurement, the permitting authority will issue a written statement to the permittee certifying the same.

(e)  Continuation of Development in the Ocean Hazard AEC.  Once development has begun under proper authorization, development in the Ocean Hazard AEC may continue beyond the authorized development period if, in the opinion of the permitting authority, substantial progress has been made and is continuing according to customary and usual building standards and schedules.  In most cases, substantial progress begins with the placement of foundation pilings, and proof of the local building inspector’s certification that the installed pilings have passed a floor and foundation inspection.

(f)  Any permit that has been suspended pursuant to G.S. 113A-121.1 as a result of a contested case petition or by order of superior court for a period longer than six months shall be extended at the applicant's written request for a period equivalent to the period of permit suspension, but not to exceed the development period authorized under Paragraph (a) of this Rule.

(g)  An applicant may voluntarily suspend development under an active permit that is the subject of judicial review by filing a written notice with the Department once the review has started.  An applicant shall obtain an extension of said permit if the permitting authority finds:

(1)           That the applicant notified the permitting authority in writing of the voluntary suspension;

(2)           The period during which the permit had been subject to judicial review is greater than six months;

(3)           The applicant filed a written request for an extension of the development period once the judicial review had been completed; and

(4)           The applicant undertook no development after filing the notice of suspension. The period of permit extension shall be equivalent to the length of the judicial review proceeding, but not to exceed the development period authorized under Paragraph (a) of this Rule.

 

History Note:        Authority G.S. 113A‑118;

Eff. March 15, 1978;

Amended Eff. August 1, 2002; April 1, 1995; July 1, 1989; March 1, 1985; November 1, 1984.