§ 113A-100 – Short title.

113A-100. Short title. This Article shall be known as the Coastal Area Management Act of 1974. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. 2.1.)

§ 113A-101 – Cooperative State-local program.

113A-101. Cooperative State-local program. This Article establishes a cooperative program of coastal area management between local and State governments. Local government shall have the initiative for planning. State government shall establish areas of environmental concern. With regard to planning, State government shall act primarily in a supportive standard-setting and review capacity, except where local governments […]

§ 113A-102 – Legislative findings and goals.

113A-102. Legislative findings and goals. (a) Findings. – It is hereby determined and declared as a matter of legislative finding that among North Carolina’s most valuable resources are its coastal lands and waters. The coastal area, and in particular the estuaries, are among the most biologically productive regions of this State and of the nation. […]

§ 113A-103 – Definitions.

113A-103. Definitions. As used in this Article: (1) "Advisory Council" means the Coastal Resources Advisory Council created by G.S. 113A-105. (1a) "Boat" means a vessel or watercraft of any type or size specifically designed to be self-propelled, whether by engine, sail, oar, or paddle or other means, which is used to travel from place to […]

§ 113A-104 – Coastal Resources Commission.

113A-104. Coastal Resources Commission. (a) Established. – The General Assembly hereby establishes within the Department of Environmental Quality a commission to be designated the Coastal Resources Commission. (b) Repealed by Session Laws 2013-360, s. 14.24(a), effective July 1, 2013. (b1) Composition. – The Coastal Resources Commission shall consist of 13 members as follows: (1) One […]

§ 113A-105 – Coastal Resources Advisory Council.

113A-105. Coastal Resources Advisory Council. (a) Creation. – There is hereby created and established a council to be known as the Coastal Resources Advisory Council. (b) Membership and Terms. – The Coastal Resources Advisory Council shall consist of not more than 20 members appointed or designated by the Coastal Resources Commission. Counties and cities in […]

§ 113A-106 – Scope of planning processes.

113A-106. Scope of planning processes. Planning processes covered by this Article include the development and adoption of State guidelines for the coastal area and the development and adoption of a land-use plan for each county within the coastal area, which plans shall serve as criteria for the issuance or denial of development permits under Part […]

§ 113A-106.1 – Adoption of Coastal Habitat Protection Plans.

113A-106.1. Adoption of Coastal Habitat Protection Plans. The Commission shall approve Coastal Habitat Protection Plans as provided in G.S. 143B-279.8. (1997-400, s. 3.3.)

§ 113A-107 – State guidelines for the coastal area.

113A-107. State guidelines for the coastal area. (a) State guidelines for the coastal area shall consist of statements of objectives, policies, and standards to be followed in public and private use of land and water areas within the coastal area. Such guidelines shall be consistent with the goals of the coastal area management system as […]

§ 113A-107.1 – Sea-level policy.

113A-107.1. Sea-level policy. (a) The General Assembly does not intend to mandate the development of sea-level policy or the definition of rates of sea-level change for regulatory purposes. (b) No rule, policy, or planning guideline that defines a rate of sea-level change for regulatory purposes shall be adopted except as provided by this section. (c) […]

§ 113A-108 – Effect of State guidelines.

113A-108. Effect of State guidelines. All local land-use plans adopted pursuant to this Article within the coastal area shall be consistent with the State guidelines. No permit shall be issued under Part 4 of this Article which is inconsistent with the State guidelines. Any State land policies governing the acquisition, use and disposition of land […]

§ 113A-110 – Land-use plans.

113A-110. Land-use plans. (a) A land-use plan for a county shall, for the purpose of this Article, consist of statements of objectives, policies, and standards to be followed in public and private use of land within the county, which shall be supplemented by maps showing the appropriate location of particular types of land or water […]

§ 113A-111 – Effect of land-use plan.

113A-111. Effect of land-use plan. No permit shall be issued under Part 4 of this Article for development which is inconsistent with the approved land-use plan for the county in which it is proposed. No local ordinance or other local regulation shall be adopted which, within an area of environmental concern, is inconsistent with the […]

§ 113A-112 – Planning grants.

113A-112. Planning grants. The Secretary is authorized to make grants to local governmental units for the purpose of assisting in the development of local plans and management programs under this Article. The Secretary shall develop and administer generally applicable criteria under which local governments may qualify for such assistance. The Secretary may condition payment of […]

§ 113A-113 – Areas of environmental concern; in general.

113A-113. Areas of environmental concern; in general. (a) The Coastal Resources Commission shall by rule designate geographic areas of the coastal area as areas of environmental concern and specify the boundaries thereof, in the manner provided in this Part. (b) The Commission may designate as areas of environmental concern any one or more of the […]

§ 113A-115 – Designation of areas of environmental concern.

113A-115. Designation of areas of environmental concern. (a) Prior to adopting any rule permanently designating any area of environmental concern the Secretary and the Commission shall hold a public hearing in each county in which lands to be affected are located, at which public and private parties shall have the opportunity to present comments and […]

§ 113A-115.1 – Limitations on erosion control structures.

113A-115.1. Limitations on erosion control structures. (a) As used in this section: (1) "Erosion control structure" means a breakwater, bulkhead, groin, jetty, revetment, seawall, or any similar structure. (1a) "Estuarine shoreline" means all shorelines that are not ocean shorelines that border estuarine waters as defined in G.S. 113A-113(b)(2). (2) "Ocean shoreline" means the Atlantic Ocean, […]

§ 113A-116 – Local government letter of intent.

113A-116. Local government letter of intent. Within two years after July 1, 1974, each county and city within the coastal area shall submit to the Commission a written statement of its intent to act, or not to act, as a permit-letting agency under G.S. 113A-121. If any city or county states its intent not to […]

§ 113A-117 – Implementation and enforcement programs.

113A-117. Implementation and enforcement programs. (a) The Secretary shall develop and present to the Commission for consideration and to all cities and counties and lead regional organizations within the coastal area for comment a set of criteria for local implementation and enforcement programs. In the preparation of such criteria, the Secretary shall emphasize the necessity […]

§ 113A-118 – Permit required.

113A-118. Permit required. (a) After the date designated by the Secretary pursuant to G.S. 113A-125, every person before undertaking any development in any area of environmental concern shall obtain (in addition to any other required State or local permit) a permit pursuant to the provisions of this Part. (b) Under the expedited procedure provided for […]