Senate committee substitute makes the following changes to 2nd edition.
Adds a section, enacting new GS 113A-107.1, to set out the process for the Coastal Resources Commission (Commission), with the Division of Coastal Management, to define and develop rates of sea-level rise for regulatory purposes. Requires the Commission to use statistically significant, peer-reviewed historical data generated from generally accepted scientific and statistical methods to determine the rates. Authorizes the Commission to use historic rates of sea-level rise to estimate future rates of rise, but prohibits consideration of accelerated rates of sea-level rise unless such rates come from statistically significant, peer-reviewed data and are consistent with historic trends. Requires the Commission to consider rates of sea-level rise for oceanfront shorelines, including the specified regions, independent from rates for estuarine shorelines, as specified. Requires all other state agencies and entities to use the Commission’s definitions and rates of sea-level rise in their policies. Encourages other state agencies, public entities, and academic institutions to engage in sea-level research for non-regulatory purposes. Specifies that all rules and regulations related to sea-level rise are subject to the Administrative Procedure Act.
Adds a section to designate 20 counties as coastal area counties as of July 1, 2012, in GS 113A-103(2).
Previous version prohibited the Commission from denying a development permit based on failure to meet the oceanfront setback under 15A NCAC 07H .0306(a)(2). New version directs the Commission to study the feasibility of creating an exception to the rule under similar circumstances. Directs the Commission to use the most recent erosion rates instead of the 1998 rates, and to report to specified parties by December 31, 2012.
Adds a section directing the Commission to study the feasibility of creating a new Area of Environmental Concern for the lands and waters adjacent to the mouth of the Cape Fear River. Provides details on the study and requires reporting by December 31, 2013.
Adds a section directing the Commission to study the feasibility of eliminating the Inlet Hazard Area of Environmental Concern and incorporating certain development standards into the Ocean Erodible Area of Environmental Concern. Provides additional details on the study and requires reporting by January 31, 2015.
Changes the bill title to AN ACT TO STUDY AND MODIFY CERTAIN COASTAL MANAGEMENT POLICIES.