COASTAL REGULATORY REFORM.

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View NCGA Bill Details2025-2026 Session
Senate Bill 1001 (Public) Filed Thursday, April 30, 2026
AN ACT TO MODIFY THE COASTAL AREA MANAGEMENT ACT APPLICATION PROCESSING RULE TO CLARIFY ADJACENT LANDOWNER NOTICE REQUIREMENTS, TO AMEND UPLAND BASIN DISSOLVED OXYGEN AND FINANCIAL ASSURANCE REQUIREMENTS, TO MAKE OTHER TECHNICAL CORRECTIONS TO THE UPLAND BASIN PERMITTING STATUTE, AND TO EXPAND THE PERMISSIBLE USES OF THE COASTAL STORM DAMAGE MITIGATION FUND AND PROVIDE FUNDING.
Intro. by Lazzara, Sanderson.

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Bill History:

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S 1001

Bill Summaries:

  • Summary date: May 1 2026 - View Summary

    Requires the Coastal Area Management Act (CAMA) Application Processing Rule (15A NCAC07J .0204) to be implemented as follows. For both CAMA major and minor development permit applications, the CAMA Application Processing Rule must provide that documentation showing that notice was sent by certified mail to the adjacent riparian landowners at the tax address of record constitutes sufficient notice to meet the requirements of the CAMA Application Processing Rule, and the failure of an adjacent riparian landowner to receive, claim, or respond to such notice will not delay or prevent the processing of the permit application. Clarifies that nothing in this subsection is intended to limit or prohibit an applicant for a minor development permit from using any method of notice permitted by applicable law or rule. Requires the Coastal Management Commission to amend the rule so that it is consistent with this provision. Sunsets these provisions when the permanent rules adopted become effective.

    Defines project baseline area (an area defined as 50 feet plus or minus 5 feet from the location of the proposed entrance to the proposed upland basin marina) in GS 113A-129.11 (definitions pertaining to the upland basin marinas). Amends GS 113A-129.12(b) (upland basin marina permitting and development criteria) so that if the site-specific sampling data documents pre-project ambient dissolved oxygen levels above 5.0 mg/L in the project baseline area, the applicant may demonstrate compliance with dissolved oxygen standards through site-specific modeling certified by a North Carolina licensed professional engineer that the marina design provides sufficient flushing to maintain dissolved oxygen levels equal to the greater of (1) the pre-project ambient levels or (2) the level sufficient to support aquatic habitat. If the applicant provides this demonstration, prevents the Department of Environmental Quality (DEQ) from requiring additional mechanical aeration or other active interventions intended to increase or maintain dissolved oxygen as a condition of permit issuance unless DEQ provides written findings to the applicant within 90 days of the receipt of the demonstration identifying material errors in the applicant's demonstration based on peer-reviewed methodology or site-specific monitoring data. Makes technical changes. Amends GS 113A-129.12(b)(3) (pertaining bond or set-aside fund requirements) so that any bond under the requirement has to identify the State or appropriate permitting agency as the beneficiary. For set-aside funds, requires the applicant to establish a trust at a financial institution and designate the State or appropriate permitting agency as the beneficiary. Provides for a form and procedure for transference.

    Makes technical corrections to GS 113A-129.12(b)(1) and updates the statutory cross-reference in GS 113A-129.12(e)(3).

    Expands the authorized uses of the Coastal Storm Damage Mitigation Fund under GS 143-215.73M to include costs associated with the permitting, construction, or repair of a terminal groin so long as the project is sponsored by a local government and the Secretary determines that the project would provide storm damage mitigation or resiliency benefits to public lands in the vicinity of the terminal groin. Excludes the costs of financial assurance or costs of implementation of any component of the applicable inlet management plan from construction or repair costs.

    Appropriates $800,000 for 2026-27 from the General Fund to the Department of Environmental Quality for the Coastal Storm Damage Mitigation Fund to be used for purposes consistent with GS 143-215.73M.