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.
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.
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