§ 113A-115. Designation of areas of environmental concern. - North Carolina Statutes

§ 113A‑115.  Designation of areas ofenvironmental concern.

(a)        Prior to adopting any rule permanently designating any areaof environmental concern the Secretary and the Commission shall hold a publichearing in each county in which lands to be affected are located, at whichpublic and private parties shall have the opportunity to present comments andviews. Hearings required by this section are in addition to the hearingrequired by Article 2A of Chapter 150B of the General Statutes. The followingprovisions shall apply for all such hearings:

(1)        Notice of any such hearing shall be given not less than 30days before the date of such hearing and shall state the date, time and placeof the hearing, the subject of the hearing, and the action to be taken. The noticeshall specify that a copy of the description of the area or areas ofenvironmental concern proposed by the Secretary is available for publicinspection at the county courthouse of each county affected.

(2)        Any such notice shall be published at least once in onenewspaper of general circulation in the county or counties affected at least 30days before the date on which the public hearing is scheduled to begin.

(3)        Any person who desires to be heard at such public hearingshall give notice thereof in writing to the Secretary on or before the firstdate set for the hearing. The Secretary is authorized to set reasonable timelimits for the oral presentation of views by any one person at any suchhearing. The Secretary shall permit anyone who so desires to file a writtenargument or other statement with him in relation to any proposed plan any timewithin 30 days following the conclusion of any public hearing or within suchadditional time as he may allow by notice given as prescribed in this section.

(4)        Upon completion of the hearing and consideration ofsubmitted evidence and arguments with respect to any proposed action pursuantto this section, the Commission shall adopt its final action with respectthereto and shall file a duly certified copy thereof with the Attorney Generaland with the board of commissioners of each county affected thereby.

(b)        In addition to the notice required by G.S. 113A‑115(a)(2)notice shall be given to any interested State agency and to any citizen orgroup that has filed a request to be notified of a public hearing to be heldunder this section.

(c)        The Commission shall review the designated areas ofenvironmental concern at least biennially. New areas may be designated anddesignated areas may be deleted, in accordance with the same procedures asapply to the original designations of areas under this section. Areas shall notbe deleted unless it is found that the conditions upon which the originaldesignation was based shall have been found to be substantially altered. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1975, 2ndSess., c. 983, s. 78; 1981, c. 932, s. 2.1; 1987, c. 827, s. 135; 2000‑189,s. 11.)