15A NCAC 07J .0406       PERMIT ISSUANCE AND TRANSFER

(a)  Upon the approval of an application and the issuance of the permit, the permit shall be delivered to the applicant, or to any person designated by the applicant to receive the permit, by hand, first class mail or any means.

(b)  Anyone holding a permit shall not assign, transfer, sell, or otherwise dispose of a permit to a third party, unless approval is granted by the Director of the Division of Coastal Management pursuant to Paragraph (c) of this Rule.

(c)  A permit may be transferred to a new party at the discretion of the Director of the Division of Coastal Management upon finding each of the following:

(1)           a written request from the new owner or developer of the involved properties;

(2)           a deed, a sale, lease, or option to the proposed new party showing the proposed new party as having the sole legal right to develop the project;

(3)           that the applicant transferee will use the permit for the purposes for which it was issued;

(4)           no change in conditions, circumstances, or facts affecting the project;

(5)           no change or modification of the project as proposed in the original application.

(d)  A person aggrieved by a decision of the Director as to the transfer of a permit may request a declaratory ruling by the Coastal Resources Commission as per 15A NCAC 07J .0600.

(e)  The applicant for a permit transfer shall submit with the request a check or money order payable to the Department in the sum of one hundred dollars ($100.00).

History Note:        Authority G.S. 113A‑118(c); 113A‑119(a); 113A-119.1; 113A-124(c)(8);

Eff. March 15, 1978;

Amended Eff. August 1, 2000; March 1, 1991; March 1, 1990; October 15, 1981;

Readopted Eff. June 1, 2021.