AN ACT TO AMEND MARINE FISHERIES LAWS; AMEND THE LAWS GOVERNING THE CONSTRUCTION OF TERMINAL GROINS; AND CLARIFY THAT CITIES MAY ENFORCE ORDINANCES WITHIN THE STATE'S PUBLIC TRUST AREAS. Enacted August 23, 2013. Effective August 23, 2013.
Summary date: Sep 3 2013 - View summary
Summary date: Jul 17 2013 - View summary
House amendment makes the following changes to the 4th edition.
Amends the long title.
Amends GS 160A by enacting a new GS 160A-203, Cities enforce ordinances in public trust areas, providing that a city may, by ordinance, define, prohibit, regulate, or abate acts, omissions, or conditions upon the state's ocean beaches and can also prevent or abate any unreasonable restriction of the public's right to use the state's ocean beaches. Also allows a city to regulate, restrict, or prohibit the placement, maintenance, location, or use of equipment, personal property, or debris on ocean beaches. This authority extends to the state's ocean beaches within or adjacent to the city's jurisdictional boundaries. Provides that a city may enforce an ordinance adopted pursuant to this section by any remedy provided for in GS 160A-175.
Provides that this new section should not be construed to limit the authority of the state or a state agency or affect applicable common law or other authority to regulate the state's ocean beaches in the specified ways or prevent the right of the people of North Carolina to enjoy the free use and enjoyment of the state's ocean beaches.
Amends GS 113-131, making conforming changes and including a reference to GS 160A-203, providing that cities do have authority to adopt and enforce ordinances, notwithstanding GS 113-131.
Summary date: Jul 15 2013 - View summary
House committee substitute makes the following changes to the 3rd edition.
Changes the long title.
Amends the definitions section of GS 113A-115.1, Limitations on erosion control structures, providing that terminal groin means one or more structures constructed at the terminus of an island or on the side of an inlet, with a main stem generally perpendicular to the beach shoreline, primarily intended to protect the terminus of the island from shoreline erosion and inlet migration. Provides that a terminal groin must be pre-filled with beach quality sand and allow sand moving in the littoral zone to flow past the structure. Allows a terminal groin to include other design features that are consistent with sound engineering practices and are recommended by a professional engineer licensed pursuant to GS Chapter 89C, but states that a "terminal groin" is not a jetty.
Amends subsection GS 113A-115.1(e), concerning required parts of an application for a permit for the construction of a terminal groin, deleting language that stated the monitoring and mitigation requirements of submitted inlet management plans are not required to address unduly speculative or remote matters. Amends the proof of financial assurance requirement, providing that such proof, verified by the Commission or the Secretary of DENR, can be in the form of a bond, insurance policy, escrow account, guaranty, local government taxing or assessment authority, a property owner association's approved assessment, or other instrument adequate to cover the cost of implementing the following components of the inlet management plan: (1) long-term maintenance and monitoring of the terminal groin (previously deleted), (2) implementation of mitigation measures (previously deleted), and (3) the modification or removal of the terminal groin (previously, only bonds, insurance policies, and escrow accounts were listed as acceptable proofs of financial assurance). Provides that, in issuing a permit, the Commission must find, among other things, that the potential benefits of the project, including the protection of the terminus of the island from shoreline erosion and inlet migration is incorporated into the project design and construction, as well as the inlet management plan. Deletes changes made to GA 113A-115.1(g) and (h), which were deleted in their entirety in the previous edition, now providing that the Commission cannot issue more than four permits for the construction of a terminal groin pursuant to this section and that a local government cannot use funds generated from the following financing mechanisms for activity related to the terminal groin or its accompanying beach fill project: (1) special obligation bonds issued pursuant to GS Chapter 159I, (2) nonvoted general obligation bonds issued pursuant to GS 160A-20 or GS 159-148, or (3) financing contracts entered into under GS 160A-20 or GS 159-148.
Deletes Part III (Amend CAMA Permitting Law) and Part IV (Clarify that Cities May Enforce Ordinances Within the State's Public Trust Areas).
Makes conforming changes.
Senate amendment makes the following changes to the 2nd edition:
Revises GS 160A-203(a) to clarify that the ocean beaches covered by this section are those set forth in subsection (b) of this statute.
Amends GS 160A-203(b) to limit the authority of a city under this statute to only the activities and items delineated in subdivisions (b)(1) through (b)(3).
Senate committee amendment to the 2nd edition makes the following changes. Removes the repeal of Section 4 of SL 2011-387 (prohibits the use of state funds for terminal groin and accompanying beach fill projects).
Summary date: May 14 2013 - View summary
Senate committee substitute rewrites the 1st edition in its entirety as follows:
Changes the bill title to reflect the new language of the bill.
Amends GS 113-172(a) to delete the requirement that the Secretary designate at least one, and additional if needed, license agent for each county bordering on coastal fishing waters.
Amends GS 113-168.5 by deleting subsection (c) (establishing menhaden endorsements).
Repeals GS 113-169 (establishing menhaden license for nonresidents).
Amends GS 113-168.2(a1) by deleting reference to menhaden operation from the one-vessel limitation exemption for auxiliary commercial fishing vessels.
Amends GS 113A-115.1 regulating terminal groins by (1) clarifying that the definition of a terminal groin means one or more structures (was, one structure); (2) modifying permit requirements by deleting need for information demonstrating that nonstructural erosion control is impractical, providing that a National Environmental Policy Act EIS satisfies the state EIS requirement, limiting scope of inlet management plans to reasonable requirements and providing that such plans do not have to address sea level rise, and reducing bond requirements; (3) deleting requirement that the Commission find that the applicant has demonstrated that nonstructural erosion control is impractical and requiring Commission to take into account potential benefits of the project; (4) deleting the limitation on the number of terminal groin permits the Commissions can issue and the prohibition against issuing permits for groins funded through certain financing methods.
Repeals Sections 3 and 4 of S.L. 2011-387. Section 3 authorized the Commission to adopt rules to implement limited permitting of terminal groins. Section 4 prohibited the use of state funds for terminal groin and accompanying beach fill projects.
Amends GS 113A-120 to limit CAMA permit application review to consideration of areas of environmental concern that are designated as such at the time the application was submitted.
Amends Article 8 of Chapter 160A by establishing a new GS 160A-203 authorizing municipalities to enforce ordinances regulating, prohibiting, and abating conditions on state ocean beaches, including preventing or abating unreasonable restrictions on public use of state ocean beaches. A city may enforce local ordinances and any other provision of state law on state ocean beaches within or adjacent to the city's jurisdiction. City ordinances may provide for regulation of structures, equipment, and debris, removal and abatement of unreasonable restrictions on public use of ocean beaches, and enforcement. Amends GS 113-131 by adding a new subsection (f) specifying that a city may adopt and enforce ordinances pursuant to GS 160A-203. Effective July 1, 2013.
Summary date: Feb 28 2013 - View summary
Amends GS 143, Article 21, Part 2A, Registration of Water Withdrawals and Transfers; Regulation of Surface Water Transfers, by creating a new subsection GS 143-215.22L(v), Modification of Certificate. This new subsection provides for the modification of previously issued interbasin water transfer certificates and petitions for the transfer of surface water.
The Department of Environment and Natural Resources (Department) and the Environmental Management Commission (Commission) can make the following modifications only after providing electronic notice to identified, interested parties: (1)typographical error corrections; (2) clarifications of existing conditions or language; and (3) updates to conservation, drought management or compliance and monitoring plans. The Commission has the authority to make other modifications it deems are minor only after providing electronic notice to identified, interested parties.
Holders of interbasin water transfer certificates may request modifications by the Commission in line with the following procedures:
(1) Certificate holder (holder) must be in substantial compliance and the certificate must have been issued pursuant to GS 162A-7, 143-215.22I, or 143-215.22L.(2) Holder must file a notice of intent for a notification which includes nontechnical descriptions of holder's request and proposed water source. (3) Holder will prepare an environmental document, pursuant to GS 143-215.22L(d).(4) Upon satisfaction that submitted documentation is adequate, the Department will publish notice of the modification request in the NC Register as well as hold a public hearing at a location convenient to both the source and receiving river basins. The Department will provide notice of the hearing in the Environmental Bulletin, a newspaper of general circulation in the source river basin and in the receiving basin, and as provided in GS 143‑215.22L(c)(3). (5) Department will accept comments on the requested modification for at least 30 days following the hearing. (6) The Commission or Department can require the holder to provide additional information reasonably necessary to make a final determination. (7) The Commission will make a final determination on the requested modification based on the factors found in GS 143-215.22L(k) and by reviewing any other information the Commission deems relevant. The Commission will state in writing its findings of fact and conclusion. (8) The Commission will grant the requested modification if it finds the holder established by a preponderance of the evidence that the modification satisfies the requirements of GS 143-215.22L(m). However, the Commission can grant the modification in whole, in part, or deny the request, as well as impose limitations and conditions as it deems necessary and relevant. (9) The Commission will not grant a modification if it would result in the transfer of water to an additional major river basin.
Coastal area counties can also petition for a certificate to transfer surface water to supplement ground water supplies in the 15 counties designated as the Central Capacity Use Area or to transfer surface water withdrawn from the mainstem of a river to provide service to one of the coastal area counties. The procedures by which a determination on the petition will be made are identical to procedures 2-9, as outlined above for requests for modifications.
Also amends GS 143-215.22L(a)(1), instances where a certificate is required for transfer, adding the requirement that measurements of daily water transfers are calculated as a daily average. If the average exceeds 2 million gallons a certificate is required, and no transfer can exceed 5 million gallons in any one day, regardless of daily average, without requiring a certificate. Deletes GS 143-215.22L(a)(2), language stating that an increase of 25% or more above the average daily amount transferred during the year ending July 1, 1993, if the total transfer, including increase, is 2 million gallons or more per day.
Amends GS 143-215.22G(1) (Definitions), adding and defining public water system and mainstem.
Amends GS 143-215.22L(g), Petition, adding new language and deleting old language clarifying the description information that should be included in a transfer petition. The new language states petition should include a general description of the facilities being used including current and projected areas to be served by the transfer, current and projected capacities of intakes, and other relevant facilities (was, description including the location and capacity of water intakes, pumps, pipelines, and other facilities).
Makes clarifying and conforming changes in line with the newly defined terms above.
Amends SL 2011-298, making technical and conforming changes.
Amends SL 2011-298(4b), stating that section 1 of SL 2011-298 will expire if cumulative volume of water transfer from one river basin to another to supplement ground water in the Central Coast Plain Capacity Use Area, on or after August 31, 2007, exceeds 20.3 million gallons a day (was, expires if the transfer by any person that does not hold a certificate for an interbasin transfer on or before the effective date of this act exceeds 8 million gallons per day).
Amends SL 2007-518, deleting majority of Section 7 (concerning isolated river basins), only leaving language that states this act becomes effective when law and applies to any petition for a certificate of transfer of surface water from one river basin to another first made on or after that date.
Amends GS 153A (Counties) and GS 160A (Cities and towns) by adding new sections GS 153A-145.1 and GS 160A-203, both titled Structures on public trust ocean beaches. Provides in both new sections that when there is reasonable cause to believe certain structures, fixtures, or debris violates the public trust rights of the people of the state or legal right of access to public trust areas, a civil action may be instituted by a city or county for injunctive relief.