North Carolina Administrative Code
Title 15A - Environmental Quality
Chapter 07 - Coastal Management
Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS
Section .0700 - PROCEDURES FOR CONSIDERING VARIANCE PETITIONS
Section 07J .0702 - STAFF REVIEW OF VARIANCE PETITIONS

(a) The Division of Coastal Management, as staff to the Commission, shall review petitions to determine whether they are complete according to the requirements set forth in Rule .0701. Incomplete petitions and a description of the deficiencies shall be returned to the petitioner. Complete variance petitions shall be scheduled within two Commission meetings.

(b) The staff and the petitioner shall determine the facts that are relevant to the Commission's consideration of the variance petition. For all facts upon which staff and the petitioner agree, a document entitled Stipulated Facts shall be prepared and signed by both parties.

(c) After the facts agreed upon by the petitioner and staff, the staff shall prepare a written recommendation which shall be submitted to the Commission before the petition is considered. The staff recommendation shall include:

(d) If the staff determines that agreement cannot be reached on sufficient facts on which to base a variance decision, the petition shall be considered by means of an administrative hearing to determine the relevant facts.