15A NCAC 01T .0407      SPECIAL BEACH EROSION CONTROL REQUIREMENTS

The following requirements are applicable to any beach erosion control or hurricane protection project in which the state participates by action of the department:

(1)           Before the start of project construction, the sponsoring local government(s) will establish land‑use controls to conserve protective dunes and to insure that the damage potential is not significantly increased by further development. Such land use controls must meet or exceed all requirements of the state guidelines for Areas of Environmental Concern (15A NCAC 7H) and be consistent with the approved local land use plan prepared under the provisions of the state guidelines for Land Use Planning (15A NCAC 7B).

(2)           The sponsoring local government must provide adequate public access to the project area. All such accessways must be designed to adequately protect the beach and dune system.

(3)           No beach erosion control project shall significantly interfere with or create a hazard to public enjoyment of the beach.

(4)           Any building line established as a part of a beach erosion control project shall not be seaward of the oceanfront setback line as established in 15A NCAC 7H .0306(a) GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS.

History Note:        Authority G.S. 143‑215.3(a)(1); 143‑215.71; 143‑355;

Eff. February 1, 1976;

Amended Eff. April 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019;

Transferred from 15A NCAC 02G .0107 Eff. May 1, 2023.