15A NCAC 07H

The amendment will increase the application fee for some CAMA General Permits, up to a maximum of $400.

7B .0801, Public Hearing and Local Adoption Requirements
Amended to provide the public opportunity to provide written comments following local adoption of a land use plan.

07H .1102, 07H .1302, 07H .2102, CAMA General Permit approval procedures
Amended to establish a maximum duration for the construction phase of GP approved projects.

7B .0801 Public Hearing and Local Adoption Requirements
The CRC amended land use planning rule 7B.0801, Public Hearing and Local Adoption Requirements. The amendment is necessary to clarify when local governments must provide DCM with copies of their locally adopted land use plans and statements of adoption action.

7B .0901 CAMA Land Use Plan Amendments
The CRC amended land use planning rule 7B.0901, CAMA Land Use Plan Amendments, in order to clarify the procedures that local governments must comply with when amending their land use plans. Further, the rule amendment clarifies when amendments to an existing land use plan are extensive enough to trigger a complete update of the local land use plan, and stipulates that amendments must contain a local resolution of adoption that makes certain findings.

7H .0207 Public Trust Areas
The Coastal Resources Advisory Council (CRAC) Subcommittee on Public Trust Issues recommended that DCM use the normal high water mark or normal water level, instead of the mean high water mark or mean water level for the purpose of administering the CRC's rules on non-oceanfront shorelines. The CRC made this change in order to allow DCM staff to use a consistent implementation standard and to provide clarity the public.

7H .0304 AECs Within Ocean Hazard Areas
The Coastal Resources Commission (CRC) is proceeding with rule making with regard to 15A NCAC 07H.0304, AECs Within Ocean Hazard Areas, in order to remove the unvegetated beach designation from portions of New Hanover, Pender, Onslow and Carteret Counties. The designation was applied to these areas in 1996 following widespread vegetation loss after Hurricane Fran. The Division of Coastal Management has determined that there has been sufficient recovery in these areas that the unvegetated designation is no longer appropriate.

7H .0308 Specific Use Standards for Ocean Hazard Areas
7H.0308 sets out the specific use standards for the ocean hazard area of environmental concern (AEC), and references the Coastal and Flood Plain Construction Standards contained within the North Carolina Building Code. Due to revisions to the building code, the reference contained within 07H.0308 is no longer accurate. The CRC proposes to amend 07H.0308 to remove the incorrect reference.

7H .0309 Use Standards for Ocean Hazard Areas: Exceptions
The Coastal Resources Commission (CRC) is proceeding with rule making with regard to 15A NCAC 07H.0309, Use Standards for Ocean Hazard Areas: Exceptions, in order to address a recurring conflict between the Commission’s rule and local ordinances in certain areas.

The Coastal Resources Commission was recently made aware that many coastal municipalities, through local zoning ordinances, require the installation of concrete driveways for residential structures. This requirement is in conflict with the Commission’s rule 07H.0309, which prohibits concrete driveways in the oceanfront setback. Concrete driveways can be displaced and transported by storm surge, causing severe and avoidable damage to adjacent properties and infrastructure. 07H.0309 requires that driveways in the oceanfront setback be constructed of only clay, packed sand, or gravel. The Commission and at least one local government are considering amendments to eliminate the conflict. The CRC proposes to allow the use of concrete, asphalt, or turfstone for residential structures as long as the properties do not directly abut the ocean and are located landward of a paved public street or highway currently in use. DCM staff does not believe that this rule amendment will erode the overall effectiveness of the Commission’s oceanfront setback rules.

The rule amendment will allow the use of concrete, asphalt, or turfstone for residential structures as long as the properties do not directly abut the ocean and are located landward of a paved public street or highway currently in use. The amendment would not allow these paving materials to be used along private roadways, paved or unpaved, nor on oceanfront properties. The Commission is seeking to minimize the use of hardened driveways in the ocean hazard area while resolving the conflict between Commission rules and local ordinances.

This action is expected to rationalize the permitting process for property owners, local governments whose ordinances are in conflict with the Commission’s rules, and DCM staff. Property owners to whom this amendment applies are expected to use hard paving materials if required by local ordinance.

7O .0105 Reserve Components
The current 7O.0105 identifies only eight of the ten sites that have been acquired for inclusion in the NC Coastal Reserve system since its inception. The  amendment will add the other two sites to the rule. The sites to be added are (1) Bird Island in Brunswick County, acquired in 2002, and (2) Emily and Richardson Preyer Buckridge in Tyrrell County, acquired in 1998.