Transcript 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

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
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
Coastal Zone Management
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State Implementation of CZMA
– California
• Coastal Act of 1972
• California Coastal Commission
– North Carolina
• CAMA
• Coastal Resources Commission
• Division of Coastal Management
N.C. CAMA
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
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
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”
N.C. CAMA

Four Categories of AECs
– Estuarine and Ocean system
– The Ocean Hazard System
– Public Water Supplies
– Natural and Cultural Resource Areas
N.C. CAMA
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
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
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)
N.C. CAMA
N.C. CAMA
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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
N.C. CAMA

Natural and Cultural Resources
– Complex natural areas
– Remnant species habitat
– Geologic formations
– Archeological resources
N.C. CAMA
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Coastal Development Permits
– Major Permits
– General Permits
– Minor Permits
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
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
N.C. CAMA
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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
N.C. CAMA
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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)
N.C. CAMA
Typical Work Plat
N.C. CAMA
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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
N.C. CAMA
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Agency Review (Federal)
– Army Corps of Engineers
– Environmental Protection Agency
– National Marine Fisheries Service
– Fish and Wildlife Service
N.C. CAMA
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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
N.C. CAMA
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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
N.C. CAMA
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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
N.C. CAMA
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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