§ 113A-118. Permit required. - North Carolina Statutes

§ 113A‑118.  Permitrequired.

(a)        After the datedesignated by the Secretary pursuant to G.S. 113A‑125, every personbefore undertaking any development in any area of environmental concern shallobtain (in addition to any other required State or local permit) a permitpursuant to the provisions of this Part.

(b)        Under the expeditedprocedure provided for by G.S. 113A‑121, the permit shall be obtainedfrom the appropriate city or county for any minor development; provided, thatif the city or county has not developed an approved implementation andenforcement program, the permit shall be obtained from the Secretary.

(c)        Permits shall beobtained from the Commission or its duly authorized agent.

(d)        Within the meaningof this Part:

(1)        A "majordevelopment" is any development which requires permission, licensing,approval, certification or authorization in any form from the EnvironmentalManagement Commission, the Department of Environment and Natural Resources, theDepartment of Administration, the North Carolina Mining Commission, the NorthCarolina Pesticides Board, the North Carolina Sedimentation Control Board, orany federal agency or authority; or which occupies a land or water area inexcess of 20 acres; or which contemplates drilling for or excavating naturalresources on land or under water; or which occupies on a single parcel astructure or structures in excess of a ground area of 60,000 square feet.

(2)        A "minordevelopment" is any development other than a "majordevelopment."

(e)        If, within the meaningof G.S. 113A‑103(5)b3, the siting of any utility facility for thedevelopment, generation or transmission of energy is subject to regulationunder this Article rather than by the State Utilities Commission or by otherlaw, permits for such facilities shall be obtained from the Coastal ResourcesCommission rather than from the appropriate city or county.

(f)         The Secretary mayissue special emergency permits under this Article. These permits may only beissued in those extraordinary situations in which life or structural propertyis in imminent danger as a result of storms, sudden failure of man‑madestructures, or similar occurrence. These permits may carry any conditionsnecessary to protect the public interest, consistent with the emergencysituation and the impact of the proposed development. If an application for anemergency permit includes work beyond that necessary to reduce imminent dangersto life or property, the emergency permit shall be limited to that developmentreasonably necessary to reduce the imminent danger; all further developmentshall be considered under ordinary permit procedures. This emergency permitauthority of the Secretary shall extend to all development in areas ofenvironmental concern, whether major or minor development, and the mandatorynotice provisions of G.S. 113A‑119(b) shall not apply to these emergencypermits. To the extent feasible, these emergency permits shall be coordinatedwith any emergency permits required under G.S. 113‑229(e1). The feesassociated with any permit issued pursuant to this subsection or rules adoptedpursuant to this subsection shall be waived. (1973, c. 476, s. 128; c. 1282, ss. 23, 33; c. 1284,s. 1; 1975, c. 452, s. 5; 1977, c. 771, s. 4; 1979, c. 253, s. 5; 1981, c. 932,s. 2.1; 1983, c. 173; c. 518, s. 3; 1987, c. 827, s. 136; 1989, c. 727, s. 131;1997‑443, s. 11A.119(a); 2007‑485, s. 5.)