1. Coastal Zone Management

2.  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

4.  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.  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.  State Implementation of CZMA –California Coastal Act of 1972 California Coastal Commission –North Carolina CAMA Coastal Resources Commission Division of Coastal Management

8.  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.  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.  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.  Four Categories of AECs –Estuarine and Ocean system –The Ocean Hazard System –Public Water Supplies –Natural and Cultural Resource Areas

13.  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.  Estuarine and Ocean Systems AEC –Estuarine waters Public trust areas Coastal wetlands Coastal shorelines –Coastal Shorelines Land area within close proximity to waters

15.  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)

17.  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.  Natural and Cultural Resources –Complex natural areas –Remnant species habitat –Geologic formations –Archeological resources

19.  Coastal Development Permits –Major Permits –General Permits –Minor Permits

20.  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

22.  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

23.  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

24.  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)

25. Typical Work Plat

26.  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

27.  Agency Review (Federal) –Army Corps of Engineers –Environmental Protection Agency –National Marine Fisheries Service –Fish and Wildlife Service

28.  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

30.  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

31.  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

32.  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