Coastal Shoreline Buffer Rules (7H.0209)
15A NCAC 07H .0209
COASTAL
SHORELINES
(a) Description. The Coastal Shorelines category includes estuarine
shorelines and public trust shorelines. Estuarine
shorelines AEC are those non-ocean shorelines extending from the normal high water level
or normal water level along the estuarine waters, estuaries, sounds, bays, fresh and
brackish waters, and public trust areas as set forth in an agreement adopted by the
Wildlife Resources Commission and the Department of Environment and Natural Resources
[described in Rule .0206(a) of this Section] for a distance of 75 feet landward. For those estuarine shorelines immediately
contiguous to waters classified as Outstanding Resource Waters by the Environmental
Management Commission, the estuarine shoreline AEC shall extend to 575 feet landward from
the normal high water level or normal water level, unless the Coastal Resources Commission
establishes the boundary at a greater or lesser extent following required public
hearing(s) within the affected county or counties. Public
trust shorelines AEC are those non-ocean shorelines immediately contiguous to public trust
areas, as defined in Rule 07H .0207(a) of this Section, located inland of the dividing
line between coastal fishing waters and inland fishing waters as set forth in that
agreement and extending 30 feet landward of the normal high water level or normal water
level.
(b) Significance. Development within coastal shorelines influences
the quality of estuarine and ocean life and is subject to the damaging processes of shore
front erosion and flooding. The coastal
shorelines and wetlands contained within them serve as barriers against flood damage and
control erosion between the estuary and the uplands.
Coastal shorelines are the intersection of the upland and aquatic elements
of the estuarine and ocean system, often integrating influences from both the land and the
sea in wetland areas. Some of these wetlands
are among the most productive natural environments of North Carolina and they support the
functions of and habitat for many valuable commercial and sport fisheries of the coastal
area. Many land-based activities influence
the quality and productivity of estuarine waters. Some
important features of the coastal shoreline include wetlands, flood plains, bluff
shorelines, mud and sand flats, forested shorelines and other important habitat areas for
fish and wildlife.
(c) Management
Objective. The management objective is to
ensure that shoreline development is compatible with both the dynamic nature of coastal
shorelines as well as the values and the management objectives of the estuarine and ocean
system. Other objectives are to conserve and
manage the important natural features of the estuarine and ocean system so as to safeguard
and perpetuate their biological, social, aesthetic, and economic values; to coordinate and
establish a management system capable of conserving and utilizing these shorelines so as
to maximize their benefits to the estuarine and ocean system and the people of North
Carolina.
(d) Use Standards. Acceptable uses shall be those consistent with the
management objectives in Paragraph (c) of this Rule.
These uses shall be limited to those types of development activities that
will not be detrimental to the public trust rights and the biological and physical
functions of the estuarine and ocean system. Every
effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts
of development to estuarine and coastal systems through the planning and design of the
development project. In every instance, the
particular location, use, and design characteristics shall comply with the general use and
specific use standards for coastal shorelines, and where applicable, the general use and
specific use standards for coastal wetlands, estuarine waters, and public trust areas
described in Rule .0208 of this Section.
(1) All
development projects, proposals, and designs shall preserve and not weaken or eliminate
natural barriers to erosion, including, but not limited to, peat marshland, resistant clay
shorelines, and cypress-gum protective fringe areas adjacent to vulnerable shorelines.
(2) All
development projects, proposals, and designs shall limit the construction of impervious
surfaces and areas not allowing natural drainage to only so much as is necessary to
adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of
the AEC area of the lot, unless the applicant can effectively demonstrate, through
innovative design, that the protection provided by the design would be equal to or exceed
the protection by the 30 percent limitation. Redevelopment
of areas exceeding the 30 percent impervious surface limitation may be permitted if
impervious areas are not increased and the applicant designs the project to comply with
the intent of the rule to the maximum extent feasible.
(3) All
development projects, proposals, and designs shall comply with the following mandatory
standards of the North Carolina Sedimentation Pollution Control Act of 1973:
(A) All development projects,
proposals, and designs shall provide for a buffer zone along the margin of the estuarine
water which is sufficient to confine visible siltation within 25 percent of the buffer
zone nearest the land disturbing development.
(B) No development project proposal
or design shall permit an angle for graded slopes or fill which is greater than an angle
which can be retained by vegetative cover or other erosion-control devices or structures.
(C) All development projects,
proposals, and designs which involve uncovering more than one acre of land shall plant a
ground cover sufficient to restrain erosion within 30 working days of completion of the
grading; provided that this shall not apply to clearing land for the purpose of forming a
reservoir later to be inundated.
(4) Development
shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts shall include but not
be limited to development that would directly or indirectly impair water quality
standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic
Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or
cause degradation of shellfish beds.
(5) Development
shall not interfere with existing public rights of access to, or use of, navigable waters
or public resources.
(6) No public
facility shall be permitted if such a facility is likely to require public expenditures
for maintenance and continued use, unless it can be shown that the public purpose served
by the facility outweighs the required public expenditures for construction, maintenance,
and continued use. For the purpose of this
standard, "public facility" shall mean a project that is paid for in any part by
public funds.
(7) Development
shall not cause irreversible damage to valuable, historic architectural or archaeological
resources as documented by the local historic commission or the North Carolina Department
of Cultural Resources.
(8) Established
common-law and statutory public rights of access to the public trust lands and waters in
estuarine areas shall not be eliminated or restricted.
Development shall not encroach upon public accessways nor shall it limit the
intended use of the accessways.
(9) Within the
AECs for shorelines contiguous to waters classified as Outstanding Resource Waters by the
EMC, no CAMA permit shall be approved for any project which would be inconsistent with
applicable use standards adopted by the CRC, EMC or MFC for estuarine waters, public trust
areas, or coastal wetlands. For development
activities not covered by specific use standards, no permit shall be issued if the
activity would, based on site-specific information, degrade the water quality or
outstanding resource values.
(10) Within the
Coastal Shorelines category (estuarine and public trust shoreline AECs), new development
shall be located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following:
(A) Water-dependent uses as described
in Rule 07H .0208(a)(1) of this Section;
(B) Pile-supported signs (in
accordance with local regulations);
(C) Post- or pile-supported fences;
(D) Elevated, slatted, wooden
boardwalks exclusively for pedestrian use and six feet in width or less. The boardwalk may be greater than six feet in
width if it is to serve a public use or need;
(E) Crab Shedders, if uncovered with
elevated trays and no associated impervious surfaces except those necessary to protect the
pump;
(F) Decks/Observation Decks limited
to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively
exceed 200 square feet;
(G) Grading, excavation and
landscaping with no wetland fill except when required by a permitted shoreline
stabilization project. Projects shall not
increase stormwater runoff to adjacent estuarine and public trust waters;
(H) Development over existing
impervious surfaces, provided that the existing impervious surface is not increased and
the applicant designs the project to comply with the intent of the rules to the maximum
extent feasible;
(I) Where application of the buffer
requirement would preclude placement of a residential structure with a footprint of 1,200
square feet or less on lots, parcels and tracts platted prior to June 1, 1999, development
may be permitted within the buffer as required in Subparagraph (d)(10) of this Rule,
providing the following criteria are met:
(i) Development
shall minimize the impacts to the buffer and reduce runoff by limiting land disturbance to
only so much as is necessary to construct and provide access to the residence and to allow
installation or connection of utilities such as water and sewer; and
(ii) The
residential structure development shall be located a distance landward of the normal high
water or normal water level equal to 20 percent of the greatest depth of the lot. Existing structures that encroach into the
applicable buffer area may be replaced or repaired consistent with the criteria set out in
Rules .0201 and .0211 in Subchapter 07J of this Chapter; and
(J) Where
application of the buffer requirement set out in 15A NCAC 07H .0209(d)(10) would preclude
placement of a residential structure on an undeveloped lot platted prior to June 1, 1999
that are 5,000 square feet or less that does not require an on-site septic system, or on
an undeveloped lot that is 7,500 square feet or less that requires an on-site septic
system, development may be permitted within the buffer if all the following criteria are
met:
(i) The lot on which the proposed residential structure is
to be located, is located between:
(I) Two existing waterfront residential structures, both of which are within 100 feet of the center of the lot and at
least one of which encroaches into the buffer; or
(II) An existing waterfront residential structure that
encroaches into the buffer and a road, canal, or other open body of water, both of which
are within 100 feet of the center of the lot;
(ii) Development of the lot shall minimize the impacts to the
buffer and reduce runoff by limiting land disturbance to only so much as is necessary to
construct and provide access to the residence and to allow installation or connection of
utilities;
(iii) Placement of the residential structure and pervious
decking may be aligned no further into the buffer than the existing residential structures
and existing pervious decking on adjoining lots;
(iv) The first one and one-half
inches of rainfall from all impervious surfaces on the lot shall be collected and
contained on-site in accordance with the design standards for stormwater management for
coastal counties as specified in 15A NCAC 02H .1005. The stormwater management system
shall be designed by an individual who meets applicable State occupational licensing
requirements for the type of system proposed and approved during the permit application
process. If the residential structure
encroaches into the buffer, then no other impervious surfaces will be allowed within the
buffer; and
(v) The lots must not be adjacent to waters designated as
approved or conditionally approved shellfish waters by the Shellfish Sanitation Section of
the Division of Environmental Health of the Department of Environment and Natural
Resources.
(e) The
buffer requirements in Paragraph (d) of this Rule shall
not apply to Coastal Shorelines where the Environmental Management Commission (EMC) has
adopted rules that contain buffer standards, or to Coastal Shorelines where the EMC adopts
such rules, upon the effective date of those rules.
(f) Specific Use Standards for Outstanding
Resource Waters (ORW) Coastal Shorelines.
(1) Within the
AEC for estuarine and public trust shorelines contiguous to waters classified as ORW by
the EMC, all development projects, proposals, and designs shall limit the built upon area
in the AEC to no more than 25 percent or any lower site specific percentage as adopted by
the EMC as necessary to protect the exceptional water quality and outstanding resource
values of the ORW, and shall:
(A) have no stormwater collection
system;
(B) provide a buffer zone of at least
30 feet from the normal high water line or normal water line;
(C) otherwise be consistent with the
use standards set out in Paragraph (d) of this Rule.
(2) Development
(other than single-family residential lots) more than 75 feet from the normal high water
line or normal water line but within the AEC as of June 1, 1989 shall be permitted in
accordance with rules and standards in effect as of June 1, 1989 if:
(A) the development has a CAMA permit
application in process, or
(B) the development has received
preliminary subdivision plat approval or preliminary site plan approval under applicable
local ordinances, and in which financial resources have been invested in design or
improvement.
(3) Single-family
residential lots that would not be buildable under the low-density standards defined in
Paragraph (g)(1) of this Rule may be developed for single-family residential purposes so
long as the development complies with those standards to the maximum extent possible.
(4) For an ORW nominated subsequent to June 1, 1989, the effective date
in Paragraph (g)(2) of this Rule shall be the dates of nomination by the EMC.
(g)
Urban Waterfronts.
(1) Description. Urban Waterfronts are waterfront areas, not
adjacent to Outstanding Resource Waters, in the Coastal Shorelines category that lie
within the corporate limits of any municipality duly chartered within the 20 coastal
counties of the state. In determining whether
an area is an urban waterfront, the following criteria shall be met as of the effective
date of this Rule:
(A) The area lies wholly within the
corporate limits of a municipality; and
(B) the area is in a central business
district where there is minimal undeveloped land, mixed land uses, and urban level
services such as water, sewer, streets, solid waste management, roads, police and fire
protection, or an industrial zoned area adjacent to a central business district.
(2) Significance. Urban waterfronts are recognized as having
cultural, historical and economic significance for many coastal municipalities. Maritime traditions and longstanding development
patterns make these areas suitable for maintaining or promoting dense development along
the shore. With proper planning and
stormwater management, these areas may continue to preserve local historical and aesthetic
values while enhancing the economy.
(3) Management
Objectives. To provide for the continued
cultural, historical, aesthetic and economic benefits of urban waterfronts. Activities such as in-fill development, reuse and
redevelopment facilitate efficient use of already urbanized areas and reduce development
pressure on surrounding areas, in an effort to minimize the adverse cumulative
environmental effects on estuarine and ocean systems. While recognizing that opportunities
to preserve buffers are limited in highly developed urban areas, they are encouraged where
practical.
(4) Use
Standards:
(A) The buffer requirement pursuant
to Subparagraph (d)(10) of this Rule is not required for development within designated
Urban Waterfronts that meets the following standards:
(i) The development must be
consistent with the locally adopted land use plan;
(ii) Impervious surfaces shall not exceed 30 percent of the AEC
area of the lot. Impervious surfaces may
exceed 30 percent if the applicant can effectively demonstrate, through a stormwater
management system design, that the protection provided by the design would be equal to or
exceed the protection by the 30 percent limitation. The
stormwater management system shall be designed by an individual who meets any North
Carolina occupational licensing requirements for the type of system proposed and approved
during the permit application process. Redevelopment
of areas exceeding the 30 percent impervious surface limitation may be permitted if
impervious areas are not increased and the applicant designs the project to comply with
the intent of the rule to the maximum extent feasible; and
(iii) The development shall meet
all state stormwater management requirements as required by the NC Environmental
Management Commission;
(B) Non-water dependent uses over
estuarine waters, public trust waters and coastal wetlands may be allowed only within
designated Urban Waterfronts as set out below.
(i) Existing structures over
coastal wetlands, estuarine waters or public trust areas may be used for non-water
dependent purposes.
(ii) Existing enclosed structures
may be expanded vertically provided that vertical expansion does not exceed the original
footprint of the structure.
(iii) New structures built for
non-water dependent purposes are limited to pile-supported, single-story, unenclosed decks
and boardwalks, and must meet the following criteria:
(I) The proposed development
must be consistent with a locally adopted waterfront access plan that provides for
enhanced public access to the shoreline;
(II) Structures may be roofed
but shall not be enclosed by partitions, plastic sheeting, screening, netting, lattice or
solid walls of any kind and shall be limited to a single story;
(III) Structures must be pile
supported and require no filling of coastal wetlands, estuarine waters or public trust
areas;
(IV) Structures shall not
extend more than 20 feet waterward of the normal high water level or normal water level;
(V) Structures must be elevated
at least three feet over the wetland substrate as measured from the bottom of the decking;
(VI) Structures shall have no
more than six feet of any dimension extending over coastal wetlands;
(VII) Structures shall not
interfere with access to any riparian property and shall have a minimum setback of 15 feet
between any part of the structure and the adjacent property owners' areas of riparian
access. The line of division of areas of
riparian access shall be established by drawing a line along the channel or deep water in
front of the properties, then drawing a line perpendicular to the line of the channel so
that it intersects with the shore at the point the upland property line meets the water's
edge. The minimum setback provided in the
rule may be waived by the written agreement of the adjacent riparian owner(s) or when two
adjoining riparian owners are co-applicants. Should
the adjacent property be sold before construction of the structure commences, the
applicant shall obtain a written agreement with the new owner waiving the minimum setback
and submit it to the permitting agency prior to initiating any development;
(VIII) Structures must be
consistent with the US Army Corps of Engineers setbacks along federally authorized
waterways;
(IX) Structures shall have no
significant adverse impacts on fishery resources, water quality or adjacent wetlands and
there must be no reasonable alternative that would avoid wetlands. Significant adverse impacts shall include but not
be limited to the development that would directly or indirectly impair water quality
standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic
Vegetation (SAV), deposit spoils waterward of normal water level or normal high water
level, or cause degradation of shellfish beds;
(X) Structures shall not
degrade waters classified as SA or High Quality Waters or Outstanding Resource Waters as
defined by the NC Environmental Management Commission;
(XI) Structures shall not
degrade Critical Habitat Areas or Primary Nursery Areas as defined by the NC Marine
Fisheries Commission; and
(XII) Structures shall not pose
a threat to navigation.
History Note: Authority G.S.
113A-107(b); 113A-108; 113A-113(b); 113A-124;
Eff. September 1, 1977;
Amended Eff. April 1, 2001; August 1, 2000; August 3, 1992;
December 1, 1991; May 1, 1990; October 1, 1989;
Temporary Amendment Eff. October 15, 2001 (exempt from 270 day
requirement-S.L. 2000-142);
Temporary Amendment Eff. February 15, 2002 (exempt from 270 day
requirement-S.L. 2001-494);
Amended Eff. August 1, 2002. |
