AN ACT TO STUDY AND MODIFY CERTAIN COASTAL MANAGEMENT POLICIES. Summarized in Daily Bulletin 4/7/11, 4/21/11, 6/11/12, 6/12/12, and 7/2/12. Enacted August 3, 2012. Effective August 3, 2012.
Bill Summaries: H819 (2011-2012 Session)
Summary date: Aug 7 2012 - View summary
Summary date: Jul 2 2012 - View summary
Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Makes the following changes to proposed GS 113A-107.1, which is now titled Sea-level Policy. States that the General Assembly does not intend to mandate the development of sea-level policy (was, sea-level rise policy) or the definition of rates of sea-level change (was, rates of sea-level rise) for regulatory purposes. Specifies that the statute does not prohibit a local government from defining rates of sea-level change for regulatory purposes (previously allowed only for nonregulatory purposes). Keeps provisions stating the Coastal Resources Commission (Commission), with the Division of Coastal Management (Division), will be the only state agency to define rates for regulatory purposes, and making all such rules subject to the Administrative Procedure Act. Deletes language from previous edition, which specified how the rates would be determined, required other state agencies to use the Commission’s rates, and encouraged research of sea-level change.
Prohibits the Commission and the Division from defining rates of sea-level change for regulatory purposes before July 1, 2016. Requires the Commission’s Science Panel to deliver the five-year updated assessment to the NC Sea Level Rise Assessment Report by March 31, 2015, which must include specified research on sea-level change. Sets out issues to be addressed in the report, and provides for public comment and a hearing. Directs the Commission to compare the determination of sea level based on historical calculations versus predictive models, and to use more than one single sea-level rate for the entire coast. Details reporting requirements for the Commission and Science Panel.
Prohibits the Commission from denying a development permit for replacement of a single-family or duplex residential dwelling if the unit fails to meet the specified ocean hazard setback rule, but does meet listed criteria (previous version directed the Commission to study an exception to the rule); directs Commission to adopt applicable, temporary rules by October 1, 2012.
Makes clarifying changes to the study concerning an Area of Environmental Concern for lands adjacent to the Cape Fear River, and adds a reporting requirement to the Environmental Review Commission. Makes similar clarifying and conforming changes to the study concerning the Inlet Hazard Area of Environmental Concern.
Summary date: Jun 12 2012 - View summary
Senate amendment makes the following changes to 3rd edition. Modifies the provision requiring the Coastal Resources Commission to study creating a new Area of Environmental Concern in the Cape Fear River area as follows: (1) requires studying creating a new area for the land (was, lands and waters) adjacent to the mouth of the Cape Fear River; (2) removes the public trust waters in the mouth of the river and its associated shoals and ebb tidal deltas from the areas included in the region; and (3) no longer requires consideration of how the area is impacted by the US Army Corps of Engineers activities related to the Port of Wilmington and its federally authorized channels.
Summary date: Jun 11 2012 - View summary
Senate committee substitute makes the following changes to 2nd edition.
Adds a section, enacting new GS 113A-107.1, to set out the process for the Coastal Resources Commission (Commission), with the Division of Coastal Management, to define and develop rates of sea-level rise for regulatory purposes. Requires the Commission to use statistically significant, peer-reviewed historical data generated from generally accepted scientific and statistical methods to determine the rates. Authorizes the Commission to use historic rates of sea-level rise to estimate future rates of rise, but prohibits consideration of accelerated rates of sea-level rise unless such rates come from statistically significant, peer-reviewed data and are consistent with historic trends. Requires the Commission to consider rates of sea-level rise for oceanfront shorelines, including the specified regions, independent from rates for estuarine shorelines, as specified. Requires all other state agencies and entities to use the Commission’s definitions and rates of sea-level rise in their policies. Encourages other state agencies, public entities, and academic institutions to engage in sea-level research for non-regulatory purposes. Specifies that all rules and regulations related to sea-level rise are subject to the Administrative Procedure Act.
Adds a section to designate 20 counties as coastal area counties as of July 1, 2012, in GS 113A-103(2).
Previous version prohibited the Commission from denying a development permit based on failure to meet the oceanfront setback under 15A NCAC 07H .0306(a)(2). New version directs the Commission to study the feasibility of creating an exception to the rule under similar circumstances. Directs the Commission to use the most recent erosion rates instead of the 1998 rates, and to report to specified parties by December 31, 2012.
Adds a section directing the Commission to study the feasibility of creating a new Area of Environmental Concern for the lands and waters adjacent to the mouth of the Cape Fear River. Provides details on the study and requires reporting by December 31, 2013.
Adds a section directing the Commission to study the feasibility of eliminating the Inlet Hazard Area of Environmental Concern and incorporating certain development standards into the Ocean Erodible Area of Environmental Concern. Provides additional details on the study and requires reporting by January 31, 2015.
Changes the bill title to AN ACT TO STUDY AND MODIFY CERTAIN COASTAL MANAGEMENT POLICIES.
Summary date: Apr 21 2011 - View summary
House committee substitute makes the following changes to 1st edition.
Prohibits the Coastal Resources Commission (was, Department of Environment and Natural Resources) from denying, on the basis of the setback requirements in 15A NCAC 07H .0306(a)(2), a development permit for the repair or replacement (was, reconstruction) of a single-family or duplex residential dwelling (was, any residential structures) on its original footprint provided that the residential structure (1) was constructed prior to August 11, 2009, (2) has a total floor area greater than 5,000 square feet, and (3) meets the minimum setback required under 15A NCAC 07H .0306(a)(2)(A), (was, constructed before August 11, 2009 and with a total floor area greater than 5,000 square feet). Makes a technical correction.
Changes the title to AN ACT TO AMEND LAWS RELATING TO OCEAN SETBACKS TO PROVIDE THAT SINGLE-FAMILY AND DUPLEX RESIDENTIAL DWELLINGS GREATER THAN FIVE THOUSAND SQUARE FEET CONSTRUCTED PRIOR TO AUGUST 11, 2009, SHALL HAVE A MINIMUM SETBACK OF SIXTY FEET OR THIRTY TIMES THE SHORELINE EROSION RATE, WHICHEVER IS GREATER, FOR DEVELOPMENT PERMITS ISSUED TO REPAIR OR RECONSTRUCT SUCH PROPERTIES, IN ORDER TO PROTECT THE PROPERTY RIGHTS OF HOMEOWNERS.
Summary date: Apr 7 2011 - View summary
Prohibits the Department of Environment and Natural Resources from denying, on the basis of the setback requirements in 15A NCAC 7H .0306(a), a development permit for the repair or reconstruction on its original footprint of any residential structure constructed prior to August 11, 2009, with total floor area greater than 5,000 square feet. Requires the Coastal Resources Commission to adopt by October 1, 2011, temporary rules consistent with and substantially identical to that prohibition on development permit denials, which will remain in effect until permanent rules replace them.