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Statewide Planning

Statewide Planning. Coastal Zone Management. Coastal Zone Management. Coastal Zone Management Act (1972) Administered by Coastal Programs Division of NOAA Covers over 22% of U.S. Land Area Multi-purpose Environment Economy Recreation. Coastal Zone Management. Coastal Zone Management.

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Statewide Planning

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  1. Statewide Planning Coastal Zone Management

  2. Coastal Zone Management • Coastal Zone Management Act (1972) • Administered by Coastal Programs Division of NOAA • Covers over 22% of U.S. Land Area • Multi-purpose • Environment • Economy • Recreation

  3. Coastal Zone Management

  4. Coastal Zone Management • Applies to states in “coastal” areas • Ocean or riparian • Encourages the development of State CZM programs • Unique to state • Administered by state • Authorized by feds • Most navigable waterways fall under federal jurisdiction as public trust lands

  5. Coastal Zone Management • Public Trust Doctrine • From English Common Law & Roman Law • The sovereign held title to land below mean high tide (high water) line • Affected land incapable of being held by private parties • Held in trust for the public’s benefit

  6. Coastal Zone Management • State Implementation of CZMA • California • Coastal Act of 1972 • California Coastal Commission • North Carolina • CAMA • Coastal Resources Commission • Division of Coastal Management

  7. N.C. CAMA

  8. N.C. CAMA • Approved in 1978 • Covers 20 Counties • Created a Coastal Resources Commission • 15 members • Advised by 45 member Coastal Resources Advisory Council (CRAC) • Rules administered by Div. Of Coastal Management

  9. N.C. CAMA • CAMA requires local land use plans • Focused on coastal resources & development impacts • Developed and implemented by locality under state approval • Designates AECs • Areas of Environmental Concern

  10. N.C. CAMA • Areas of Environmental Concern • Proximity to navigable waterway • On marsh or wetlands • <= 75’ of high water mark of estuarine shoreline • Near beach • Near coastal flooding area • Near an inlet • < 30’ of inland fishing waters • <575’ of “Outstanding Resource Waters”

  11. N.C. CAMA • Four Categories of AECs • Estuarine and Ocean system • The Ocean Hazard System • Public Water Supplies • Natural and Cultural Resource Areas

  12. N.C. CAMA

  13. N.C. CAMA • Estuarine and Ocean Systems AEC • Public Trust Areas • Atlantic Ocean from high water mark to 3 miles offshore • Navigable natural bodies • Artificial bodies with significant public access and fishing resources • Artificial bodies that the public has acquired rights by prescription, custom, usage or dedication

  14. N.C. CAMA • Estuarine and Ocean Systems AEC • Estuarine waters • Public trust areas • Coastal wetlands • Coastal shorelines • Coastal Shorelines • Land area within close proximity to waters

  15. N.C. CAMA • Ocean Hazard AEC • Ocean Erodible AEC • Areas subject to long term erosion and significant shoreline changes • Width varies from 145’ to <700’ from ocean • High hazard flood AEC • Lands subject to floods and wave action from heavy storms • Inlet Hazard AEC • Covers lands next to ocean inlets (flooding and erosion hazards)

  16. N.C. CAMA

  17. N.C. CAMA • Public Water Supply AECs • Small Surface Water Supply Watershed • Protects drainage basins containing a public water supply • Public Water Supply Wellfields • Areas of rapidly draining sands

  18. N.C. CAMA • Natural and Cultural Resources • Complex natural areas • Remnant species habitat • Geologic formations • Archeological resources

  19. N.C. CAMA • Coastal Development Permits • Major Permits • General Permits • Minor Permits

  20. N.C. CAMA • Minor Permits • Single Family Residences that don’t need major or general permits • Reviewed and Issued by Local Governments • Under contract by DCM • Minimizes burden of permit process

  21. N.C. CAMA • General Permits • For specific projects with little or no impact on environment • Piers, docks, boathouses • Bulkheads and riprap < 5’ extension • Boat ramps • Maintenance dredging • Temporary structures • Emergency work for hurricane damage

  22. N.C. CAMA • Major Development Permits • Development in AEC • Another State or Federal permit is required • Excavation for natural resources on land or water • Construction of one or more buildings covering more than 60,000 sq.ft. on a single parcel • Alteration of more than 20 acres of land or water

  23. N.C. CAMA • CAMA major permits act as applications for other permits as well • Dredge and fill (NC Dredge and Fill Act) • Easement to fill (NC D.O.A.) • Water quality certification (N.C. DWQ) • Section 10 of Rivers and Harbors Act (ACE) • Section 404 of Clean Water Act (ACE)

  24. N.C. CAMA Typical Work Plat

  25. N.C. CAMA • Agency Review (State) • DOA, State Property Office • DCR, Division of Archives and History • DOC, Division of Community Assistance • DOT, Division of Highways • DENR • Division of Environmental Health • Division of Water Quality • Division of Land Resources • Division of Marine Fisheries • Division of Water Resources • Wildlife Resources Commission

  26. N.C. CAMA • Agency Review (Federal) • Army Corps of Engineers • Environmental Protection Agency • National Marine Fisheries Service • Fish and Wildlife Service

  27. N.C. CAMA • Requirement for Denial • Dredging and filling will obstruct or damage public use of waterways • Project will diminish value and enjoyment of adjacent property owners • Project will damage or threaten public HS&W • Project will threaten quality and quantity of public and private water supply • Project will have a significant adverse impact on wildlife or fisheries

  28. N.C. CAMA • Permit Exemptions • Additions and modifications to simple structures • Shoreline Stabilization • Maintenance and Expansion of existing uses (state easements and dredge & fill projects) • Emergency Management and Repairs • SFRs • Accessory Uses • Structural Maintenance and Repairs

  29. N.C. CAMA • Variances and Appeals • Variances • Strict application of CRC development standards creates a hardship • Hardships are peculiar to property • CRC could not have anticipated these peculiarities • Development would still be consistent with spirit of CRC standards after granting variance

  30. N.C. CAMA • Variances and Appeals • Appeals • Automatic right to appeal (applicant and DENR) • Other directly-involved parties may appeal decision • Permit is contrary to statute or rule • Petitioner is directly affected by permit decision • The appeal is not frivolous

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