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 set forth in G.S. 113A-102. They shall give particular attention to the nature of development which shall be appropriate within the various types of areas of environmental concern that may be designated by the Commission under Part 3. Land and water areas addressed in the State guidelines may include underground areas and resources, and airspace above the land and water, as well as the surface of the land and surface waters. Such guidelines shall be used in the review of applications for permits issued pursuant to this Article and for review of and comment on proposed public, private and federal agency activities that are subject to review for consistency with State guidelines for the coastal area. Such comments shall be consistent with federal laws and regulations.
(b) The Commission shall be responsible for the preparation, adoption, and amendment of the State guidelines. In exercising this function it shall be furnished such staff assistance as it requires by the Secretary of Environmental Quality and the Secretary of the Department of Administration, together with such incidental assistance as may be requested of any other State department or agency.
(c) The Commission shall mail proposed as well as adopted rules establishing guidelines for the coastal area to all cities, counties, and lead regional organizations within the area and to all State, private, federal, regional, and local agencies the Commission considers to have special expertise on the coastal area. A person who receives a proposed rule may send written comments on the proposed rule to the Commission within 30 days after receiving the proposed rule. The Commission shall consider any comments received in determining whether to adopt the proposed rule.
(d), (e) Repealed by Session Laws 1987, c. 827, s. 134.
(f) The Commission shall review its rules establishing guidelines for the coastal area at least every five years to determine whether changes in the rules are needed. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1975, 2nd Sess., c. 983, ss. 75, 76; 1977, c. 771, s. 4; 1981, c. 932, s. 2.1; 1987, c. 827, s. 134; 1989, c. 313; c. 727, s. 218(65); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(v).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 113A - Pollution Control and Environment
Article 7 - Coastal Area Management.
§ 113A-101 - Cooperative State-local program.
§ 113A-102 - Legislative findings and goals.
§ 113A-104 - Coastal Resources Commission.
§ 113A-105 - Coastal Resources Advisory Council.
§ 113A-106 - Scope of planning processes.
§ 113A-106.1 - Adoption of Coastal Habitat Protection Plans.
§ 113A-107 - State guidelines for the coastal area.
§ 113A-107.1 - Sea-level policy.
§ 113A-108 - Effect of State guidelines.
§ 113A-111 - Effect of land-use plan.
§ 113A-113 - Areas of environmental concern; in general.
§ 113A-115 - Designation of areas of environmental concern.
§ 113A-115.1 - Limitations on erosion control structures.
§ 113A-116 - Local government letter of intent.
§ 113A-117 - Implementation and enforcement programs.
§ 113A-118.1 - General permits.
§ 113A-119 - Permit applications generally.
§ 113A-119.2 - Review of offshore fossil fuel facilities.
§ 113A-120 - Grant or denial of permits.
§ 113A-121 - Permits for minor developments under expedited procedures.
§ 113A-121.1 - Administrative review of permit decisions.
§ 113A-122 - Procedures for hearings on permit decisions.
§ 113A-124 - Additional powers and duties.
§ 113A-125 - Transitional provisions.
§ 113A-126 - Injunctive relief and penalties.
§ 113A-127 - Coordination with the federal government.
§ 113A-128 - Protection of landowners' rights.
§ 113A-129.1 - Legislative Findings and Purposes.
§ 113A-129.2 - Coastal Reserve Program.
§ 113A-134.1 - Legislative findings.
§ 113A-134.2 - Creation of program; administration; purpose; definitions.