15A NCAC 07H .1905      SPECIFIC CONDITIONS

Proposed temporary structures shall meet each of the following specific conditions to be eligible for authorization by the general permit:

(1)           All aspects of the structure shall be removed and the site returned to pre‑project conditions at the expiration of this general permit.

(2)           There shall be no work within any productive shellfish beds without authorization from the Division of Marine Fisheries.

(3)           The proposed structure shall not involve the disturbance of any marsh, submerged aquatic vegetation, or other wetlands including excavation or filling of these areas.

(4)           The proposed activity shall not disrupt navigation and transportation channels and shall be marked to prevent being a hazard to navigation.

(5)           The proposed structure shall not impede public access or other public trust uses.

(6)           The proposed structure shall not be habitable.

(7)           There shall be no disturbance of existing dunes.

(8)           Temporary structures authorized by this permit shall not individually or cumulatively exceed 100 square meters in size.

(9)           Structures shall not be constructed in a designated Primary Nursery Area without approval from the Division of Marine Fisheries or the Wildlife Resources Commission.

History Note:        Authority G.S. 113‑229(c1); 113A‑107(a)(b); 113A‑113(b); 113A‑118.1;

Eff. March 1, 1989;

Amended Eff. April 1, 2020; May 1, 1990;

Readopted Eff. July 1, 2022.