Bill Summary for S 151 (2013-2014)

Summary date: 

May 14 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 151 (Public) Filed Thursday, February 28, 2013
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.
Intro. by Rabon.

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Bill 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.

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