Bill Summary for H 819 (2011-2012)

Printer-friendly: Click to view

Summary date: 

Apr 21 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 819 (Public) Filed Wednesday, April 6, 2011
TO AMEND LAWS RELATING TO OCEAN SETBACKS TO PROTECT THE PROPERTY RIGHTS OF HOMEOWNERS.
Intro. by McElraft.

View: All Summaries for BillTracking:

Bill 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.