AN ACT TO AUTHORIZE THE PERMITTING AND CONSTRUCTION OF UP TO FOUR TERMINAL GROINS AT INLETS UNDER CERTAIN CONDITIONS. Summarized in Daily Bulletin 2/23/11, 3/9/11, 3/14/11, 4/19/11, and 6/13/11. Enacted June 28, 2011. Effective June 28, 2011.
Summary date: Jun 30 2011 - View summary
Conference report recommends the following changes to 4th edition to reconcile matters in controversy. Amends proposed GS 113A-115.1(e)(4) to remove the requirement that a plan for the construction and maintenance of the terminal groin and its accompanying beach fill project be reviewed by an independent third-party licensed engineer. Amends proposed GS 113A-115.1(g) to provide that the Coastal Resources Commission may issue no more than four permits for the construction of a terminal groin (previously no more than 3 permits). Deletes provision requiring no more than two permits be issued where public funds will be used for any activity related to the terminal groin or its accompanying beach fill project. Makes other organizational change. Makes conforming change to the title.
House committee substitute makes the following changes to 3rd edition.
Adds whereas clauses. Amends proposed GS 113A-115.1(e) (required components for each terminal groin permit application submitted to the Coastal Resources Commission) to require that an applicant submit, among other things, a plan for the construction and maintenance of the terminal groin and the accompanying beach fill project prepared by a professional engineer licensed under GS Chapter 89C and reviewed by an independent third-party licensed engineer (was, by an independent third-party professional engineer licensed under GS Chapter 89C). Amends proposed GS 113A-115.1(g) to prohibit the Coastal Resources Commission (Commission) from issuing more than three permits for terminal groin construction (was, only one terminal groin may be placed on each ocean shoreline immediately adjacent to an inlet for a maximum of two per inlet), and requires that the following conditions are met: (1) no more than two permits may be issued where public funds will be used and (2) no permit may be issued where funds are generated from special obligation bonds, nonvoted general obligation bonds, or certain financing contracts. Makes a conforming change to the bill title.
Adds a section directing the Commission to report to the Environmental Review Commission by September 1 each year, with a detailed description of each proposed and permitted terminal groin and accompanying beach fill project, as specified, and to include four listed items in the report.
Summary date: Mar 14 2011 - View summary
Senate amendment makes the following changes to 2nd edition. Prohibits spending state funds for activities related to a terminal groin and accompanying beach fill project permitted under GS 113A-115.1 as amended by the act, unless the General Assembly enacts legislation explicitly appropriating funds for that purpose. The prohibition does not apply to beach fill or nourishment projects initiated before the act’s effective date.
Summary date: Mar 9 2011 - View summary
Senate committee substitute makes the following changes to 1st edition.
Amends proposed GS 113A-115.1(e) (required components for each terminal groin permit application submitted to the Coastal Resources Commission) to require that an applicant also provide proof of financial insurance, in the form of a bond, insurance policy, escrow account, or other financial instrument, that will cover the cost of long-term maintenance and monitoring, mitigation measures, modification or removal, and restoration of property if necessary. Reorganizes and clarifies the remaining application requirements as follows: (1) information to demonstrate that structures or infrastructure are imminently threatened by erosion, and nonstructural approaches to erosion control are impractical; (2) an environmental impact statement (removes requirement that statement be reviewed by an independent third party); (3) a list of property owners and local governments that may be affected by the proposed construction and accompanying beach fill project, and proof that those parties have been notified; (4) a plan for terminal groin construction and maintenance and its accompanying beach fill project prepared by a licensed professional engineer and reviewed by a licensed, independent third party professional engineer; and (5) a plan for the management of the inlet and the estuarine and ocean shorelines immediately adjacent to and under the inlet’s influence, including the listed criteria. Clarifies that any rule (was, any existing rule) that prohibits permanent erosion control structures will not apply to terminal groins permitted by the statute.
Amends proposed GS 113A-115.1(f) to direct the Coastal Resources Commission (Commission) to issue a permit for terminal groin construction if the Commission finds no grounds to deny the permit under GS 113A-120 (general conditions for denying permit), and finds that the six (was, three) enumerated requirements are met. Adds the following requirements for the Commission to find: (1) the applicant demonstrated that structures or infrastructure are imminently threatened by erosion and that nonstructural approaches to erosion control are impractical; (2) construction and maintenance of the terminal groin will not result in significant adverse impacts to private property or to the public recreational beach, accounting for mitigation measures; (3) the inlet management plan is adequate to monitor the impacts of the proposed groin and to mitigate any adverse impacts; and (4) the project complies with state guidelines for coastal development adopted under GS 113A-107. Removes requirement that applicant notify affected property owners and local governments.
Amends proposed GS 113A-115.1(g) to authorize only one terminal groin on each ocean shoreline immediately adjacent to an inlet for a maximum of two groins per inlet. Deletes authorization for one additional groin on the ocean shoreline of an inlet immediately adjacent to a federally maintained navigation channel associated with a state port.
Adds section directing the Department of Environment and Natural Resources to adopt any rules necessary to implement the act.
Makes additional technical and clarifying changes.
Summary date: Feb 23 2011 - View summary
Amends GS 113A-115.1 (limitations on erosion control structures). Defines (1) estuarine shoreline as all shorelines that are not ocean shorelines that border water estuaries as defined in GS 113A-113(b)(2) and (2) terminal groin as a structure, generally perpendicular to the shoreline, that is constructed on the side of an inlet at the tip of an island to limit or control sediment passage into the inlet channel.
Current law prohibits, with exceptions, constructing a permanent erosion control structure in an ocean shoreline. Adds new subdivision (3) to GS 113A-115.1(b) to add terminal groins as permitted under proposed new subsection (f) of GS 113A-115.1 as an exception to this prohibition. Provides that any existing rule that prohibits permanent erosion control structures does not apply to terminal groins.
Specifies the permit application requirements necessary for the construction of a terminal groin that are needed in addition to the permit application requirements of Part 4 of Article 7 of GS Chapter 113A. Requires in new (f) that all of the following conditions be met in order for a terminal groin to be permitted under this section: (1) the permit applicant has complied with all of the specified permit application requirements, (2) the permit applicant has provided notice to any property owners and local governments identified in the required engineering design as potentially affected by the construction of the proposed terminal groin, and (3) the construction of the terminal groin must be accompanied by a concurrent beach project to prefill the groin. Provides limitations on the number of terminal groins that may be placed on each ocean shoreline immediately adjacent to an inlet and on the ocean shoreline of an inlet when the shoreline is immediately adjacent to a federally maintained navigation channel associated with a state port.
Directs the Department of Environment and Natural Resources (DENR) to amend the management program that DENR adopted under the federal Coastal Zone Management Act to ensure that the management program is consistent with GS 113A-115.1 as amended in this act. Requires DENR to get approval for the amended management plan from the U.S. Secretary of Commerce or the Secretary’s authorized designee no later than six months after the effective date of this act. Makes technical changes.