Statewide Planning

Statewide PlanningStatewide Planning

Coastal Zone Management

Coastal Zone ManagementCoastal 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 ManagementCoastal Zone Management

Coastal Zone ManagementCoastal 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 ManagementCoastal 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 ManagementCoastal Zone Management

State Implementation of CZMA

– California

• Coastal Act of 1972

• California Coastal Commission

– North Carolina

• CAMA

• Coastal Resources Commission

• Division of Coastal Management

N.C. CAMAN.C. CAMA

N.C. CAMAN.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. CAMAN.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. CAMAN.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. CAMAN.C. CAMA

Four Categories of AECs

– Estuarine and Ocean system

– The Ocean Hazard System

– Public Water Supplies

– Natural and Cultural Resource Areas

N.C. CAMAN.C. CAMA

N.C. CAMAN.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. CAMAN.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. CAMAN.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. CAMAN.C. CAMA

N.C. CAMAN.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

N.C. CAMAN.C. CAMA

Natural and Cultural Resources

– Complex natural areas

– Remnant species habitat

– Geologic formations

– Archeological resources

N.C. CAMAN.C. CAMA

Coastal Development Permits

– Major Permits

– General Permits

– Minor Permits

N.C. CAMAN.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. CAMAN.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. CAMAN.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

N.C. CAMAN.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)

N.C. CAMAN.C. CAMA

Typical Work Plat

N.C. CAMAN.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

N.C. CAMAN.C. CAMA

Agency Review (Federal)

– Army Corps of Engineers

– Environmental Protection Agency

– National Marine Fisheries Service

– Fish and Wildlife Service

N.C. CAMAN.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

N.C. CAMAN.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

N.C. CAMAN.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

N.C. CAMAN.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