Bill Summary for S 1009 (2025-2026)

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Summary date: 

May 4 2026

Bill Information:

View NCGA Bill Details2025-2026 Session
Senate Bill 1009 (Public) Filed Thursday, April 30, 2026
AN ACT TO ELIMINATE THE BAN ON HARDENED STRUCTURES AND TO REQUIRE THE NORTH CAROLINA COLLABORATORY TO UPDATE THE STATE'S BEACH AND INLET MANAGEMENT PLAN AND TO APPROPRIATE FUNDS FOR THAT PURPOSE.
Intro. by Brinson, Lazzara, Hanig.

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Bill summary

Repeals GS 113A-115.1 (limitations on erosion control structures). Adds GS 113A-115.2 (regulation of erosion control structures) prohibiting the Environmental Management Commission (EMC) from prohibiting the placement or construction of temporary or permanent erosion control structures. Requires the EMC to adopt rules to regulate the placement, construction, maintenance, and permitting of such structures to ensure that an erosion control structure will not result in significant adverse impacts to private property or to the public recreational beach, taking into consideration the specified potential benefits of the project and the mitigation measures incorporated into the project’s design. Effective September 1, 2026, and applies to applications for erosion control structures submitted on or after that date.

Requires the EMC to adopt temporary rules to implement new GS 113A-115.2 by August 1, 2026, with permanent rules to follow.

Requires the Department of Environmental Quality (DEQ) to amend the management program it adopted pursuant to the federal Coastal Zone Management Act to ensure the management program is consistent with the repeal of GS 113A-115.1, as enacted by the act, and GS 113A-115.2, as enacted by the act. Directs DEQ to seek approval of the proposed amended management plan by the United States Secretary of Commerce or the Secretary's authorized designee no later than six months after the effective date of this act.

Appropriates $850,000 from the General Fund to the NC Collaboratory at UNC-Chapel Hill to update the State's Beach and Inlet Management Plan, as described. Requires the Collaboratory to issue the updated plan by December 1, 2027.