June 2005 Coastal Resources Commission Actions
At its June 2005 meeting, the CRC:
Approved the Coastal Resources Commission/Division of Coastal
Management Coastal Habitat Protection Plan implementation plan.
Adopted a resolution requesting that the proceeds from the N.C.
Coastal Recreational Fishing License be distributed by the Department of Environment and
Natural Resources toward the implementation of the recommendations of the N.C. Coastal
Habitat Protection Plan. Pending legislation directs proceeds from the fishing license to
the N.C. Wildlife Resources Commission.
Adopted for public hearing amendments to the LUP guidelines in
15A NCAC 7B to clarify the requirements for amending Land-Use Plans that were prepared or
certified prior to the 2002 guidelines.
Adopted for public hearing amendments to 15A NCAC 7H .0308,
Specific Use Standards for Ocean Hazard Areas, to remove an outdated citation of a section
of the State’s construction standards.
Adopted for public hearing amendments to 15A NCAC 7H .0207,
Public Trust Areas, to change any instances of the phrase “Mean High Water” to
“Normal High Water” and “Normal Water Level” (for areas not influenced
by lunar tides).
Elected Doug Langford of Nags Head as vice-chair of the CRC.
On the recommendation of the Planning and Special Issues
Subcommittee, the commission voted to certify a Land-Use Plan for Camden County.
On the recommendation of the Planning and Special Issues
Subcommittee, the commission voted to certify a Land-Use Plan for the Town of Kitty Hawk.
On the recommendation of the Planning and Special Issues
Subcommittee, the commission voted to certify an amendment to the Land-Use Plan for the
Town of Carolina Beach.
Granted a variance to David M. Hill of Brunswick County, who
sought relief from the commission’s 30-foot buffer rule in order to construct a
swimming pool and deck on property in Ocean Isle Beach. Mr. Hill will install an
engineered stormwater system to collect the first inch and a half of rainfall for the
existing residence and other impervious surfaces.
Granted a variance to Charles Highfill and Margaret Young of
Onslow County, who sought relief from the commission’s 30-foot buffer rule in order
to construct a swimming pool and deck on their property in Carolina Beach. Stormwater
runoff from the pool will be directed to an existing stormwater system.
Granted a variance to Bill Price and Lawrence Sutherland of
Carteret County, who sought relief from the commission’s 30-foot buffer rule to
construct a single-family residence and associated structures on a property in Morehead
City. Part of the driveway will be located in the buffer.
Granted a variance to Stephen and Margaret Burch of Dare County,
who sought relief from the 60-foot oceanfront erosion setback from the vegetation line to
build a second story on a single-family residence in Nags Head.
Granted a variance to the N.C. Seafood Industrial Park Authority,
who sought relief from the commission’s pier rules and rules protecting the right of
navigation in public trust waters to construct three floating piers at Broad Creek Marina
in Wanchese Harbor in Dare County. The piers will be allowed to extend across 50 percent
of the waterway.
Affirmed an administrative law judge’s decision in the case
of R&K of Dare County d/b/a Tan-a-rama Motel v. Division of Coastal Management. The
petitioner had disputed the DCM’s finding that more than 50 percent of the structure
was damaged, causing it to fall under the commission’s repair/replacement rule for
nonconforming oceanfront structures. Petitioner will be allowed to repair only the damage
caused by Hurricane Isabel, up to $180,000, as identified by the insurance adjustor’s
appraisal. Any further work will require a CAMA permit.
Overturned an administrative law judge’s decision in one
part of the case of Gregory v. Division of Coastal Management and Intervenor-permittee
Swearingen, and affirmed the ALJ’s decision in the second part of the case. The
petitioner disputed the DCM’s finding that repairs to a neighbor’s
hurricane-damaged boathouse were exempt from CAMA permit requirements. The ALJ found in
favor of the petitioner on this issue, stating in the decision that without exception,
CAMA rules require an evaluation by a building inspector before the commission’s 50
percent repair/replacement rule determination is made. The CRC overruled this aspect of
the ALJ’s decision and found that DCM could make repair determinations without
consulting the building inspector in all cases. In
the second part of this case, the petitioner argued that DCM should not treat the
hurricane-damaged pier and boathouse as separate structures in applying the 50 percent
repair/replacement rule because they were originally constructed under a single CAMA
permit. The ALJ found in favor of DCM and Swearingen on this second issue. The CRC upheld this aspect of the ALJ’s
decision.
Held public hearings on the following issues:
An amendment to 15A NCAC 07H.0304 to remove the unvegetated beach
designation from oceanfront areas in New Hanover, Pender, Carteret, and Onslow counties.
An amendment to the commission’s rule that prohibits
concrete driveways in the oceanfront setback (15A NCAC 07H.0309). The proposed rule would
allow the use of concrete, asphalt or turfstone for driveways in the oceanfront setback so
long as the development does not directly abut the ocean and is located landward of a
paved public street or highway currently in use.
An amendment to NCAC 7O.0105 to add the Bird Island and Emily and
Richardson Preyer Buckridge Coastal Reserves to the list of sites included in the N.C.
Coastal Reserve complex.
CRC actions from 2005: January | April
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 |
