Current through Register Vol. 39, No. 6, September 16, 2024
(a)
Certification of Plans and Amendments: This Rule outlines the certification
procedures and conditions for locally adopted land use plans or comprehensive
plans, hereinafter referred to as "the plan," or plan amendments. The
procedures shall be as follows:
(1) The
Division District Planner shall submit a written report to the CRC, or
qualified employee of the Department pursuant to
G.S.
113A-124(c)(9), on the
locally adopted plan or amendment and either recommend certification or
identify how the plan or amendment does not meet the procedures and conditions
for certification as set forth in Subparagraph (a)(3) of this Rule.
(2) The public shall have an opportunity to
submit written objections or comments on the locally adopted plan or amendment
prior to certification pursuant to
G.S.
113A-110(e). Written
objections or comments shall be received by the Division no more than 30
calendar days after local adoption of the plan or amendment. Written objections
shall be limited to the criteria for certification as defined in Subparagraph
(a)(3) of this Rule, and shall identify the specific plan elements that are
opposed. Written objections or comments shall be sent by the Division to the
local government submitting the plan or amendment. Written objections or
comments shall be considered in the certification of the local plan or
amendment.
(3) The CRC or qualified
employee of the Department, pursuant to
G.S.
113A-124(c)(9), shall
certify plans and amendments following the procedures and conditions specified
in this Rule, and that the plans and amendments meet the following conditions:
(A) are consistent with the Coastal Area
Management Act
G.S.
113A-110;
(B) are consistent with the rules of the
CRC;
(C) do not violate State or
federal law; and
(D) contain
policies that address each management topic as set forth in Rule .0702(d)(2) of
this Subchapter.
(4) If
the plan or amendment does not meet certification requirements, the applicant
shall be informed by the Division of Coastal Management within 45 calendar days
regarding how the plan or amendment does not meet the procedures and conditions
for certification.
(b)
Copies of the Plan. Within 90 calendar days of certification of the plan or an
amendment, the local government shall provide one printed and one digital copy
of the plan to the Division. Amendments shall be incorporated in all copies of
the plan. The dates of local adoption, certification, and amendments shall be
published on the cover.
(c) Use of
the Plan. Once certified, the plan shall be utilized in the review of the CAMA
permits in accordance with
G.S.
113A-111. Local governments shall have the
option to exercise their enforcement responsibility by choosing from the
following:
(1) Local administration: The local
government reviews the CAMA permits for consistency with the plan;
(2) Joint administration: The local
government identifies policies, including the future land use map and
implementation actions that will be used by the Division for the CAMA permit
consistency reviews or;
(3)
Division administration: The Division reviews the CAMA permits for consistency
with the plan policies, including the future land use map and implementation
actions.
(d) Plan
updates and Amendments. Local governments shall determine the scope, timing,
and frequency of plan updates and amendments.
Authority
G.S.
113A-107(a);
113A-110;
113-111;
113A-124;
Eff.
August 1, 2002;
Amended Eff. April 1, 2008; September 1,
2006;
Readopted Eff. February 1, 2016;
Amended Eff.
February 1, 2019.
