At its March 2008 meeting, the CRC:
On the
recommendation of the Coastal Resources Advisory Council, certified a Land Use Plan for
Hyde County.
Approved for public
hearing revisions to rule amendments that were approved for public hearing in January 2008
to 15A NCAC 7H .0306 General Use Standards for Ocean Hazard Areas, which would tie
beachfront building setbacks to the size of the structure, and not the use. One sentence
addressing the enclosure of existing roof-covered porches was stricken from the language
originally approved in January.
Approved for public
hearing amendments to 15A NCAC 7J .1200 Procedures for Processing and Enforcement of Major
and Minor Development Permits, Variance Requests, Appeals from Permit Decisions,
Declaratory Rulings and Static Line Exceptions. The amendments address procedures for
approval of static line exception requests.
Approved for public
hearing amendments to 15A NCAC 7H .0205 Coastal Wetlands, which would provide rules for
the alteration (mowing, cutting or burning) of coastal wetlands, or marshes. The rule
allows for mowing or cutting of coastal wetlands to a height of no less than two feet at
any time of year, and to a height of no less than 6 inches once between Dec. 1 and March
31. A walkway to the water may be mowed through the marsh on properties that do not have a
pier.
Approved for public
hearing amendments to 15A NCAC 7H .1400 General Permit for Construction of Groins in
Estuarine and Public Trust Waters and Ocean Hazard Areas; 15A NCAC 7H .2100 General Permit
for Construction of Sheetpile Sill in Estuarine and Public Trust Waters and Ocean Hazard
Areas; and 15A NCAC 7H .2400 General Permit for Placement of Riprap Revetments for Wetland
Protection in Estuarine and Public Trust Waters.
Provided a rule
interpretation for 15A NCAC 7H .0308 (a)(2)(B), which defines when a structures is
considered to be imminently threatened in order to be issued a permit for sandbags.
Denied a petition
for rulemaking brought by Landmark Hotel Group. The petition sought to amend the
CRC’s rules regarding temporary erosion control structures which would result in the
indefinite maintenance of sandbag structures protecting commercial oceanfront buildings,
along with a provision allowing sandbags to be used to protect appurtenances such as
pools, decks and gazebos within the oceanfront setback area.
Granted a variance
to the Town of Emerald Isle and five adjacent property owners (Dr. and Mrs. Charles Mess,
Mr. and Mrs. H. Wayne Mohorn, Mike and Gail Ray, Mr. and Mrs. Daniel Brew, Mr. and Mrs.
Charles Davis III, and Mr. and Mrs. Larry Almond), who sought relief from the CRC’s
rules regarding temporary erosion control structures in order to extend by two years a
permit for sandbags protecting their property in the area known as the Point in Emerald
Isle.
Denied a variance
to Carroll and Donna Midgett of Dare County, who sought relief from the commission’s
oceanfront setback rule in order to construct a single-family residence with a pool on
oceanfront property in Rodanthe.
Upheld an
administrative law judge’s decision in the case of Ward v. Division of Coastal
Management and Carolina Marina and Yacht Club, LLC. The third party petition brought by
the Wards challenged the Division’s issuance of a major CAMA permit to Carolina
Marina and Yacht Club for development adjacent to the Intracoastal Waterway in Wilmington.
The ALJ found that DCM properly issued the permit.
Voted to send a
communication to the General Assembly requesting more funds for CRC legal activities, in
recognition of the increased amount of variance requests and other litigation being
brought to the Commission.
Voted to send a
letter to the U.S. Senate in support of a proposal developed in large part by East
Carolina University (ECU) to assess the economic implications of climate change, sea level
rise and storms for both North and South Carolina.
CRC actions from 2008: January
CRC actions from 2007: January | March | May | July | September
CRC actions from 2006: January | March | June | September | November
CRC actions from 2005: January | April | June | November
CRC actions from 2004: January | April | June | August | October
CRC actions from 2003: January | April | July | October
CRC Actions from 2002: January and February | April | July | October |
