(9) Primary Nursery Areas as designated by the Marine Fisheries Commission and such contiguous land as the Coastal Resources Commission reasonably deems necessary to protect the resource values identified in the designation including, but not limited to, those values contributing to the continued productivity of estuarine and marine fisheries and thereby promoting the public health, safety and welfare. 150B-23 and final decision on the permit pursuant to G.S. (a) Any person required to obtain a permit under this Part shall file with the Secretary and (in the case of a permit sought from a city or county) with the designated local official an application for a permit in accordance with the form and content designated by the Secretary and approved by the Commission. Permit Search. 113A-117. The applicant must submit with the application a check or money order payable to the Department or the city or county, as the case may be, constituting a fee set by the Commission pursuant to G.S. 143-215.15; final approval of dams pursuant to G.S. View and drive Brunswick County Planning Board's Coastal Area Management Act land use plan documents and maps. 138-5. 143B-279.8. (5) One appointed by the Governor who shall at the time of appointment be actively connected with or have experience in coastal-related business. (c) The Commission shall mail proposed as well as adopted rules establishing guidelines for the coastal area to all cities, counties, and lead regional organizations within the area and to all State, private, federal, regional, and local agencies the Commission considers to have special expertise on the coastal area. (1981, c. 913, s. 3; 1983, c. 400, ss. - There is hereby created and established a council to be known as the Coastal Resources Advisory Council. Permitting Process - Town of Sunset Beach 113A-121, the permit shall be obtained from the appropriate city or county for any minor development; provided, that if the city or county has not developed an approved implementation and enforcement program, the permit shall be obtained from the Secretary. Any State land classification system which shall be promulgated shall take account of and be consistent with the State guidelines adopted under this Article, insofar as it applies to lands within the coastal area. 113-131(e). 1, 2; 1989, c. 727, s. 127; c. 751, s. 8(14a); 1991 (Reg. 143-354(c); oil refinery permits issued pursuant to G.S. Camden. Scope of planning processes. (e) If, within the meaning of G.S. This public access program shall include standards to be adopted by the Commission for the acquisition of property and the use and maintenance of the property. (2) All information required to be included in an Oil-Spill Response Plan required pursuant to Subpart B of Part 254 of 30 C.F.R. 2.1.). - As used in this section, the term "appointing authority" means the Governor in the case of members appointed by the Governor and means the General Assembly in the case of members appointed by the General Assembly. The program shall be designed to provide and maintain reasonable public access and necessary parking, within the limitations of the resources available, to all coastal beaches and public trust waters where access is compatible with the natural resources involved and where reasonable access is not available. Brunswick County Government. A person who receives a proposed rule may send written comments on the proposed rule to the Commission within 30 days after receiving the proposed rule. (8) One appointed by the Governor who shall at the time of appointment be actively connected with or have experience in commercial fishing. 115C-457.2. 159-148. (b) No rule, policy, or planning guideline that defines a rate of sea-level change for regulatory purposes shall be adopted except as provided by this section. - A majority of the Commission shall constitute a quorum. Any equipment associated with a structure described in sub-subdivision a. of this subdivision, including, but not limited to, pipelines and vessels that are used to carry, transport, or transfer oil, natural gas, liquid natural gas, liquid propane gas, or synthetic gas. (9) "Person" means any individual, citizen, partnership, corporation, association, organization, business trust, estate, trust, public or municipal corporation, or agency of the State or local government unit, or any other legal entity however designated. 113A-113(b)(3). (2) Any permanent erosion control structure that was originally constructed prior to July 1, 1974, and that has since been in continuous use to protect an inlet that is maintained for navigation. (6) Except to the extent expressly modified by this section, the project complies with State guidelines for coastal development adopted by the Commission pursuant to G.S. U.S. Census Bureau data released last year showed between April 2020 and July 2021, Leland grew by 8.6%, bringing its total population to 25,974. 113A-105. New Application. (b) In the absence of such findings, a permit shall be granted. 113A-101. When a local official makes a decision to grant or deny a minor development permit and the Secretary is dissatisfied with the decision, the Secretary may file a petition for a contested case within 20 days after the decision is made. Completion of any development, not otherwise in violation of law, for which a valid building or zoning permit was issued prior to ratification of this Article and which development was initiated prior to the ratification of this Article; 8. (3) Any person who desires to be heard at such public hearing shall give notice thereof in writing to the Secretary on or before the first date set for the hearing. The size of the improved or scope of the maintenance work; 2. Police Department - Shallotte, NC At the expiration of each member's term, the appointing authority shall reappoint or replace the member with a new member of like qualification as specified in subsection (b1) of this section. (c) Within the meaning of this section, "existing regulatory permits" include dredge and fill permits issued pursuant to G.S. 113A-115. ), No permit shall be issued under Part 4 of this Article for development which is inconsistent with the approved land-use plan for the county in which it is proposed. (c) Nothing in this section shall be construed to prohibit a county, municipality, or other local government entity from defining rates of sea-level change for regulatory purposes. (3) Financing contracts entered into under G.S. (3) Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous. (a) The Secretary shall have the following additional powers and duties under this Article: (1) To conduct or cause to be conducted, investigations of proposed developments in areas of environmental concern in order to obtain sufficient evidence to enable a balanced judgment to be rendered concerning the issuance of permits to build such developments. The following activities including the normal and incidental operations associated therewith shall not be deemed to be development under this section: 1. 113A-119. Major recreational lands and facilities; b. 113A-106. 3.). Any document, proceeding, order, decree, special order, rule, rule of procedure or any other official act or records of the Commission or its minutes may be certified by the Executive Director under his hand and the seal of the Commission and when so certified shall be received in evidence in all actions or proceedings in the courts of the State without further proof of the identity of the same if such records are competent, relevant and material in any such action to proceedings. Beaufort. (2) Nonvoted general obligation bonds issued pursuant to G.S. 106 Cheers Street Post Office Box 2287 Shallotte North Carolina 28459 Brunswick County | NC DEQ Sess., 1992), c. 839, s. 2; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(v); 2017-209, s. b. (i) No later than January 1, 2019, and every five years thereafter, the Coastal Resources Commission shall report to the Environmental Review Commission on the implementation of this section. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. Brunswick County is now the fourth fastest growing county in North Carolina. The Secretary shall develop and administer generally applicable criteria under which local governments may qualify for such assistance. (d) The Attorney General shall act as attorney for the Commission and shall initiate actions in the name of, and at the request of, the Commission, and shall represent the Commission in the hearing of any appeal from or other review of any order of the Commission. Property Permit Applications. (7) The burden of proof at any hearing on a decision granting a permit shall be upon the person who requested the hearing. Fire Application. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. 143-215.1 and 143-215.2, or any other permits, licenses, authorizations, approvals or certificates issued by the Board of Water and Air Resources pursuant to Chapter 143; capacity use area permits issued pursuant to G.S. Find more information about a board or committee and fill out an online application at brunswickcountync.gov/boards. (d) All policies, rules, regulations, or any other product of the Commission or the Division related to rates of sea-level change shall be subject to the requirements of Chapter 150B of the General Statutes. (c) Functions and Duties. (f) The Commission shall review its rules establishing guidelines for the coastal area at least every five years to determine whether changes in the rules are needed. A structure shall be considered a floating structure when it is inhabited or used for commercial purposes for more than thirty days in any one location. CAMA permits may be required for oceanfront, sound, canal, waterway, or any property that is adjacent to coastal water or marsh area. In so doing the Department shall consult with and seek the ongoing advice of the Coastal Resources Commission. Limitations on erosion control structures. In recent years the coastal area has been subjected to increasing pressures which are the result of the often-conflicting needs of a society expanding in industrial development, in population, and in the recreational aspirations of its citizens. (11) The Commission shall have the authority to adopt a seal which shall be the seal of said Commission and which shall be judicially noticed by the courts of the State. Following such changes, the program may be resubmitted in the same manner as the original program. (5) To delegate such of his powers as he may deem appropriate to one or more qualified employees of the Department or to any local government, provided that the provisions of any such delegation of power shall be set forth in departmental rules. 23.). If you are planning to develop in one of these counties, check to see whether your project is also in an Area of Environmental Concern. Manages the Planning Department & the Community Enforcement Department. (4) "Commission" means the Coastal Resources Commission created by G.S. Flood Zone Viewer. (2) To recommend to the Secretary of Administration the acquisition by purchase, gift, condemnation, or otherwise, lands or any interest in any lands within the coastal area. (e) Chairman and Vice-Chairman. An action to collect a penalty must be filed within three years after the date the final decision was served on the violator. (3) To keep a list of interested persons who wish to be notified of proposed developments and proposed rules designating areas of environmental concern and to so notify these persons of such proposed developments by regular mail. (b) A person other than a permit applicant or the Secretary who is dissatisfied with a decision to deny or grant a minor or major development permit may file a petition for a contested case hearing only if the Commission determines that a hearing is appropriate. 4.19.). Monday through Friday 8:30am to 4:30pm Long-Range Planning The Planning & Zoning Division has the following long-term planning processes: Capital Improvement Plan - plan for capital improvements until 203 0: Capital Improvement Plan (5) The clear proceeds of penalties assessed pursuant to this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. Cooperative State-local program. (4) to (6) Repealed by Session Laws 1987, c. 827, s. 140. (5) Any other information that the Commission determines necessary for consistency review. 06.30.2023. Nothing in this Article authorizes any governmental agency to adopt a rule or issue any order that constitutes a taking of property in violation of the Constitution of this State or of the United States. Residential Zoning & Ordinance Information, Support Staff, Zoning & Ordinance Information, City of Northwest, Demographic Data, CIS Program, Zoning & Solid Waste Enforcement, North Carolina Department of Transportation, (910) 398-9100 (Wilmington District Office), North Carolina Department of Environmental Quality. (8) "Local government" means the governing body of any county or city which contains within its boundaries any lands or waters subject to this Article. Part 6. The members of the Commission shall serve and act on the Commission solely for the best interests of the public and public trust, and shall bring their particular knowledge and experience to the Commission for that end alone. (3) To hold such public hearings as the Commission deems appropriate. The Commission shall not permit the construction of a temporary erosion control structure that consists of anything other than sandbags in an ocean shoreline. CAMA Counties | NC DEQ 4. (2) On such other matters arising under this Article as the Council considers appropriate. Sess., 1992), c. 839, ss. County Complex Map. (a) Any person may petition the Commission for a variance granting permission to use the person's land in a manner otherwise prohibited by rules or standards prescribed by the Commission, or orders issued by the Commission, pursuant to this Article. The total funds collected from fees authorized by the Commission pursuant to this section in any fiscal year shall not exceed thirty-three and one-third percent (33 1/3%) of the total personnel and administrative costs incurred by the Department for permit processing and compliance programs within the Division of Coastal Area Management. If, on judicial review, the court determines that the Commission erred in determining that a contested case would not be appropriate, the court shall remand the matter for a contested case hearing under G.S. 1.). 113A-134.2. (h) Vacancies. On written application from a city to the Commission, the Commission shall require the body to delegate plan-making authority to that city for land within the city's zoning jurisdiction if the Commission finds that the city is currently enforcing its zoning ordinance, its subdivision regulations, and the State Building Code within such jurisdiction. External Projects. General Permit Applications Download General Permit applications. BCMS - {{projectNumberDisplay}} (7) "Lead regional organizations" means the regional planning agencies created by and representative of the local governments of a multi-county region, and designated as lead regional organizations by the Governor. 125, 142; 1997-443, s. 11A.122; 2002-165, s. New areas may be designated and designated areas may be deleted, in accordance with the same procedures as apply to the original designations of areas under this section. Coastal Area Management Act. (8), (9) Repealed by Session Laws 1987, c. 827, s. 140. Brunswick County has: <a developing industrial base <a strong tourism economy <significant natural resources <strong construction and retail trade economies <rapidly developing municipalities - The members shall serve staggered terms of office of four years. (c) Within the meaning of this Part, the "designated local official" is the official who has been designated by the local governing body to receive and consider permit applications under this Part. (a) Findings. Final Signoff. Present sections of the natural and scenic rivers system; c. Stream segments that have been classified for scientific or research uses by the Environmental Management Commission, or that are proposed to be so classified in a proceeding that is pending before said Environmental Management Commission pursuant to G.S. It is the duty of the presiding judge to expedite the trial of these actions and to give them a preemptory setting over all others, civil or criminal. (a) Any person directly affected by any final decision or order of the Commission under this Part may appeal such decision or order to the superior court of the county where the land or any part thereof is located, pursuant to the provisions of Chapter 150B of the General Statutes. 1-6; 1981, c. 932, s. 2.1; 1989, c. 505; c. 727, s. 218(64); 1997-443, s. 11A.119(a); 2013-360, s. 14.24(a); 2015-9, s. 1.3; 2015-241, s. 14.30(u); 2017-6, s. Reserved for future codification purposes. Learner more about instructions to obtain a permit for development in that fragile and productive panels this border the State's sounds and oceanfront. 2.1.). 113A-120. 2. Current Workday Inspection. Early in the pandemic, four of the six places with . 113-391; a certificate of public convenience and necessity issued by the State Utilities Commission pursuant to Chapter 62 for any public utility plant or system, other than a carrier of persons or property; permits, licenses, leases, options, authorization or approvals relating to the use of State forestlands, State parks or other state-owned land issued by the State Department of Administration, the State Department of Natural and Economic Resources or any other State department, agency or institution; any approvals of erosion and sedimentation control plans that may be issued by the North Carolina Sedimentation Control Commission pursuant to G.S. (d) Repealed by Session Laws 1981, c. 913, s. 2. Coastal Resources Commission. 113A-121.1(b). No permit shall be issued under Part 4 of this Article which is inconsistent with the State guidelines. Sess., 1992), c. 1039, s. (2) A "minor development" is any development other than a "major development.". Appointments to the Commission shall be made to provide knowledge and experience in a diverse range of coastal interests. (1989, c. 344, s. 1, c. 770, s. h. The cost to the State of the enforcement procedures. b. 113-229) or navigable waters is involved; 5. (1a) "Boat" means a vessel or watercraft of any type or size specifically designed to be self-propelled, whether by engine, sail, oar, or paddle or other means, which is used to travel from place to place by water. Of the funds appropriated to the Department to make grants under this section, the Department may carry forward to the next fiscal year funds in the amount necessary to pay grants awarded or extended in any fiscal year. Payments. 113A-116. 146-23). (d) Multiple Offices. (2012-202, s. Any person to whom a delegation of power is made to conduct a hearing shall report his recommendations with the record of the hearing to the Secretary for decision or action. - The Coastal Resources Advisory Council shall consist of not more than 20 members appointed or designated by the Coastal Resources Commission. 2.1.). Development in Primary Nursery Areas and Outstanding Resource Waters areas of environmental concern. The inlet management plan is not required to address sea level rise. d. Provide for modification or removal of the terminal groin if the adverse impacts cannot be mitigated. (5) The need for public review and comment on individual development projects. (c) Repealed by Session Laws 1989, c. 676, s. 7. These permits may only be issued in those extraordinary situations in which life or structural property is in imminent danger as a result of storms, sudden failure of man-made structures, or similar occurrence. (1989 (Reg. Members of the Commission shall comply with the provisions of the State Government Ethics Act to avoid conflicts of interest. 113-229; sand dune permits issued pursuant to G.S. (b) Fees collected under this section shall be applied to the costs of administering this Article. (10) In any case, that the proposed development would contribute to cumulative effects that would be inconsistent with the guidelines set forth in subdivisions (1) through (9) of this subsection. Community Enforcement. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1975, 2nd Sess., c. 983, ss. Notice of the hearing shall be given not less than 15 days before the date of the hearing, and shall state the date, time and place of the hearing, the subject of the hearing, and the action which is to be taken.
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