§ 113A-125. Transitional provisions. - North Carolina Statutes

§ 113A‑125. Transitional provisions.

(a)        Existing regulatorypermits shall continue to be administered within the coastal area by theagencies presently responsible for their administration until a date (not laterthan 44 months after July 1, 1974), to be designated by the Secretary ofNatural and Economic Resources as the permit changeover date. Said designationshall be effective from and after its filing with the Secretary of State.

(b)        From and after the"permit changeover date," all existing regulatory permits within thecoastal area shall be administered in coordination and consultation with (butnot subject to the veto of) the Commission. No such existing permit within thecoastal area shall be issued, modified, renewed or terminated except after consultationwith the Commission. The provisions of this subsection concerning consultationand coordination shall not be interpreted to authorize or require the extensionof any deadline established by this Article or any other law for completion ofany permit, licensing, certification or other regulatory proceedings.

(c)        Within the meaningof this section, "existing regulatory permits" include dredge andfill permits issued pursuant to G.S. 113‑229; sand dune permits issuedpursuant to G.S. 104B‑4; air pollution control and water pollutioncontrol permits, special orders or certificates issued pursuant to G.S. 143‑215.1and 143‑215.2, or any other permits, licenses, authorizations, approvalsor certificates issued by the Board of Water and Air Resources pursuant toChapter 143; capacity use area permits issued pursuant to G.S. 143‑215.15;final approval of dams pursuant to G.S. 143‑215.30; floodway permitsissued pursuant to G.S. 143‑215.54; water diversion authorizations issuedpursuant to G.S. 143‑354(c); oil refinery permits issued pursuant to G.S.143‑215.99; mining operating permits issued pursuant to G.S. 74‑51;permissions for construction of wells issued pursuant to G.S. 87‑88; andrules concerning pesticide application within the coastal area issued pursuantto G.S. 143‑458; approvals by the Department of Health and Human Servicesof plans for water supply, drainage or sewerage, pursuant to G.S. 130‑161.1and 130‑161.2; standards and approvals for solid waste disposal sites andfacilities, adopted by the Department of Health and Human Services pursuant toChapter 130, Article 13B; permits relating to sanitation of shellfish,crustacea or scallops issued pursuant to Chapter 130, Articles 14A or 14B;permits, approvals, authorizations and rules issued by the Department of Healthand Human Services pursuant to Articles 23 or 24 of Chapter 130 with referenceto mosquito control programs or districts; any permits, licenses,authorizations, rules, approvals or certificates issued by the Department ofHealth and Human Services relating to septic tanks or water wells; oil or gaswell rules and orders issued for the protection of environmental values orresources pursuant to G.S. 113‑391; a certificate of public convenienceand necessity issued by the State Utilities Commission pursuant to Chapter 62for any public utility plant or system, other than a carrier of persons orproperty; permits, licenses, leases, options, authorization or approvalsrelating to the use of State forestlands, State parks or other state‑ownedland issued by the State Department of Administration, the State Department ofNatural and Economic Resources or any other State department, agency orinstitution; any approvals of erosion and sedimentation control plans that maybe issued by the North Carolina Sedimentation Control Commission pursuant toG.S. 113A‑60 or 113A‑61; and any permits, licenses, authorizations,rules, approvals or certificates issued by any State agency pursuant to anyenvironmental protection legislation not specified in this subsection that maybe enacted prior to the permit changeover date.

(d)        The Commissionshall conduct continuing studies addressed to developing a better coordinatedand more unified system of environmental and land‑use permits in thecoastal area, and shall report its recommendations thereon from time to time tothe General Assembly. (1973, c. 1284, s. 1; 1975, c. 452, ss. 4, 5; 1979, c. 299; 1981, c.932, s. 2.1; 1987, c. 827, ss. 125, 142; 1997‑443, s. 11A.122; 2002‑165,s. 2.16.)