Bill Summary for S 110 (2011-2012)

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Summary date: 

Mar 9 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

Senate committee substitute makes the following changes to 1st edition.
Amends proposed GS 113A-115.1(e) (required components for each terminal groin permit application submitted to the Coastal Resources Commission) to require that an applicant also provide proof of financial insurance, in the form of a bond, insurance policy, escrow account, or other financial instrument, that will cover the cost of long-term maintenance and monitoring, mitigation measures, modification or removal, and restoration of property if necessary. Reorganizes and clarifies the remaining application requirements as follows: (1) information to demonstrate that structures or infrastructure are imminently threatened by erosion, and nonstructural approaches to erosion control are impractical; (2) an environmental impact statement (removes requirement that statement be reviewed by an independent third party); (3) a list of property owners and local governments that may be affected by the proposed construction and accompanying beach fill project, and proof that those parties have been notified; (4) a plan for terminal groin construction and maintenance and its accompanying beach fill project prepared by a licensed professional engineer and reviewed by a licensed, independent third party professional engineer; and (5) a plan for the management of the inlet and the estuarine and ocean shorelines immediately adjacent to and under the inlet’s influence, including the listed criteria. Clarifies that any rule (was, any existing rule) that prohibits permanent erosion control structures will not apply to terminal groins permitted by the statute.
Amends proposed GS 113A-115.1(f) to direct the Coastal Resources Commission (Commission) to issue a permit for terminal groin construction if the Commission finds no grounds to deny the permit under GS 113A-120 (general conditions for denying permit), and finds that the six (was, three) enumerated requirements are met. Adds the following requirements for the Commission to find: (1) the applicant demonstrated that structures or infrastructure are imminently threatened by erosion and that nonstructural approaches to erosion control are impractical; (2) construction and maintenance of the terminal groin will not result in significant adverse impacts to private property or to the public recreational beach, accounting for mitigation measures; (3) the inlet management plan is adequate to monitor the impacts of the proposed groin and to mitigate any adverse impacts; and (4) the project complies with state guidelines for coastal development adopted under GS 113A-107. Removes requirement that applicant notify affected property owners and local governments.
Amends proposed GS 113A-115.1(g) to authorize only one terminal groin on each ocean shoreline immediately adjacent to an inlet for a maximum of two groins per inlet. Deletes authorization for one additional groin on the ocean shoreline of an inlet immediately adjacent to a federally maintained navigation channel associated with a state port.
Adds section directing the Department of Environment and Natural Resources to adopt any rules necessary to implement the act.
Makes additional technical and clarifying changes.