Bill Summary for S 110 (2011-2012)

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Summary date: 

Feb 23 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 110 (Public) Filed Wednesday, February 23, 2011
Intro. by Brown, Goolsby, Rabon.

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Bill summary

Amends GS 113A-115.1 (limitations on erosion control structures). Defines (1) estuarine shoreline as all shorelines that are not ocean shorelines that border water estuaries as defined in GS 113A-113(b)(2) and (2) terminal groin as a structure, generally perpendicular to the shoreline, that is constructed on the side of an inlet at the tip of an island to limit or control sediment passage into the inlet channel.
Current law prohibits, with exceptions, constructing a permanent erosion control structure in an ocean shoreline. Adds new subdivision (3) to GS 113A-115.1(b) to add terminal groins as permitted under proposed new subsection (f) of GS 113A-115.1 as an exception to this prohibition. Provides that any existing rule that prohibits permanent erosion control structures does not apply to terminal groins.
Specifies the permit application requirements necessary for the construction of a terminal groin that are needed in addition to the permit application requirements of Part 4 of Article 7 of GS Chapter 113A. Requires in new (f) that all of the following conditions be met in order for a terminal groin to be permitted under this section: (1) the permit applicant has complied with all of the specified permit application requirements, (2) the permit applicant has provided notice to any property owners and local governments identified in the required engineering design as potentially affected by the construction of the proposed terminal groin, and (3) the construction of the terminal groin must be accompanied by a concurrent beach project to prefill the groin. Provides limitations on the number of terminal groins that may be placed on each ocean shoreline immediately adjacent to an inlet and on the ocean shoreline of an inlet when the shoreline is immediately adjacent to a federally maintained navigation channel associated with a state port.
Directs the Department of Environment and Natural Resources (DENR) to amend the management program that DENR adopted under the federal Coastal Zone Management Act to ensure that the management program is consistent with GS 113A-115.1 as amended in this act. Requires DENR to get approval for the amended management plan from the U.S. Secretary of Commerce or the Secretary’s authorized designee no later than six months after the effective date of this act. Makes technical changes.