§ 113A-115.1. Limitations on erosion control structures. - North Carolina Statutes

§ 113A‑115.1. Limitations on erosion control structures.

(a)        As used in thissection:

(1)        "Erosioncontrol structure" means a breakwater, bulkhead, groin, jetty, revetment,seawall, or any similar structure.

(2)        "Oceanshoreline" means the Atlantic Ocean, the oceanfront beaches, and frontaldunes. The term "ocean shoreline" includes an ocean inlet and landsadjacent to an ocean inlet but does not include that portion of any inlet andlands adjacent to the inlet that exhibits characteristics of estuarine shorelines.

(b)        No person shallconstruct a permanent erosion control structure in an ocean shoreline. TheCommission shall not permit the construction of a temporary erosion controlstructure that consists of anything other than sandbags in an ocean shoreline.This section shall not apply to (i) any permanent erosion control structurethat is approved pursuant to an exception set out in a rule adopted by theCommission prior to 1 July 2003 or (ii) any permanent erosion control structurethat was originally constructed prior to 1 July 1974 and that has since been incontinuous use to protect an inlet that is maintained for navigation. Thissection shall not be construed to limit the authority of the Commission toadopt rules to designate or protect areas of environmental concern, to governthe use of sandbags, or to govern the use of erosion control structures inestuarine shorelines.

(c)        The Commission mayrenew a permit for an erosion control structure issued pursuant to a variancegranted by the Commission prior to 1 July 1995. The Commission may authorizethe replacement of a permanent erosion control structure that was permitted bythe Commission pursuant to a variance granted by the Commission prior to 1 July1995 if the Commission finds that: (i) the structure will not be enlargedbeyond the dimensions set out in the original permit; (ii) there is nopractical alternative to replacing the structure that will provide the same orsimilar benefits; and (iii) the replacement structure will comply with all applicablelaws and with all rules, other than the rule or rules with respect to which theCommission granted the variance, that are in effect at the time the structureis replaced. (2003‑427,s. 3; 2004‑195, s. 1.2; 2004‑203, s. 43.)