§ 113A-134.3 – Standards for public access program.
113A-134.3. Standards for public access program. (a) The Commission, with the support of the Department, shall establish and carry out a program to assure the acquisition, improvement, and maintenance of a system of public access to coastal beaches and public trust waters. This public access program shall include standards to be adopted by the Commission […]
§ 113A-129.3 – Coordination.
113A-129.3. Coordination. (a) To the extent feasible, this system shall be carried out in coordination with the National Estuarine Reserve Research System established by 16 U.S.C. 1461. (b) To the extent feasible, lands and waters within this system shall be dedicated as components of the "State Nature and Historic Preserve" as provided in Article XIV, […]
§ 113A-134.1 – Legislative findings.
113A-134.1. Legislative findings. (a) The General Assembly finds that there are many privately owned lots or tracts of land in close proximity to the Atlantic Ocean and the coastal waters in North Carolina that have been and will be adversely affected by hazards such as erosion, flooding, and storm damage. The sand dunes on many […]
§ 113A-134.2 – Creation of program; administration; purpose; definitions.
113A-134.2. Creation of program; administration; purpose; definitions. (a) There is created the Public Beach and Coastal Waterfront Access Program, to be administered by the Commission and the Department, for the purpose of acquiring, improving, and maintaining property along the Atlantic Ocean and coastal waterways to which the public has rights-of-access or public trust rights as […]
§ 113A-124 – Additional powers and duties.
113A-124. Additional powers and duties. (a) The Secretary shall have the following additional powers and duties under this Article: (1) To conduct or cause to be conducted, investigations of proposed developments in areas of environmental concern in order to obtain sufficient evidence to enable a balanced judgment to be rendered concerning the issuance of permits […]
§ 113A-125 – Transitional provisions.
113A-125. Transitional provisions. (a) Existing regulatory permits shall continue to be administered within the coastal area by the agencies presently responsible for their administration until a date (not later than 44 months after July 1, 1974), to be designated by the Secretary of Natural and Economic Resources as the permit changeover date. Said designation shall […]
§ 113A-126 – Injunctive relief and penalties.
113A-126. Injunctive relief and penalties. (a) Upon violation of any of the provisions of this Article or of any rule or order adopted under the authority of this Article the Secretary may, either before or after the institution of proceedings for the collection of any penalty imposed by this Article for such violation, institute a […]
§ 113A-127 – Coordination with the federal government.
113A-127. Coordination with the federal government. All State agencies shall keep informed of federal and interstate agency plans, activities, and procedures within their area of expertise that affect the coastal area. Where federal or interstate agency plans, activities or procedures conflict with State policies, all reasonable steps shall be taken by the State to preserve […]
§ 113A-128 – Protection of landowners' rights.
113A-128. Protection of landowners’ rights. Nothing in this Article authorizes any governmental agency to adopt a rule or issue any order that constitutes a taking of property in violation of the Constitution of this State or of the United States. (1973, c. 1284, s. 1; 1987, c. 827, s. 144.)
§ 113A-129.1 – Legislative Findings and Purposes.
113A-129.1. Legislative Findings and Purposes. (a) Findings. – It is hereby determined and declared as a matter of legislative finding that the coastal area of North Carolina contains a number of important undeveloped natural areas. These areas are vital to continued fishery and wildlife protection, water quality maintenance and improvement, preservation of unique and important […]