(a)  At the request of any federal agency or of any state or local co‑sponsor of a federal project with the written concurrence of the federal agency, the Commission shall issue a declaratory ruling concerning the consistency of a proposed federal activity with North Carolina's coastal management statutes and regulations unless the Chairman determines that no genuine controversy exists as to the application of a statute or rule to a proposed federal activity.

(b)  The request for ruling shall include:

(1)           a statement identifying the rule, statute or order at issue;

(2)           certified mail receipts indicating that notice of the request for ruling was sent to the owners of property adjacent to the property on which the proposed federal activity will take place;

(3)           a statement of facts proposed for adoption by the Commission and any documentary evidence supporting the proposed statement of facts;

(4)           a draft of the proposed ruling;

(5)           a statement indicating that the Division of Coastal Management has preliminarily determined that the project may be inconsistent with a coastal management statute or regulation; and

(6)           a statement identifying the factual issues in dispute between the Department and the federal agency.

(c)  The Commission shall provide notice of the declaratory ruling proceeding to the adjacent property owners and to persons who have requested notice of proposed rulings.  Notice shall be published in a newspaper of general circulation in the area of the proposed federal activity 10 days prior to the Commission's consideration of the declaratory ruling.  Any person may submit written comments on the proposed declaratory ruling at least five days prior to the date the Commission will consider the declaratory ruling; such comments shall be provided to the Commission and shall be included in the record of the declaratory ruling.

(d)  The parties to a declaratory ruling shall be allowed 30 minutes to present oral arguments to the Commission.  Unless the Division of Coastal Management waives the opportunity to be heard, it shall be a party to any request for declaratory ruling.  No party may offer testimony or conduct cross‑examination before the Commission.


History Note:        Authority G.S. 113A‑124; 150B‑4;

Eff. November 30, 1992.