§ 113A-103. Definitions.
§113A‑103. Definitions.
As used in this Article:
(1) "AdvisoryCouncil" means the Coastal Resources Advisory Council created by G.S. 113A‑105.
(1a) "Boat"means a vessel or watercraft of any type or size specifically designed to beself‑propelled, whether by engine, sail, oar, or paddle or other means,which is used to travel from place to place by water.
(2) "Coastalarea" means the counties that (in whole or in part) are adjacent to,adjoining, intersected by or bounded by the Atlantic Ocean (extending offshoreto the limits of State jurisdiction, as may be identified by rule of theCommission for purposes of this Article, but in no event less than threegeographical miles offshore) or any coastal sound. The Governor, in accordancewith the standards set forth in this subdivision and in subdivision (3) of thissection, shall designate the counties that constitute the "coastalarea," as defined by this section, and his designation shall be final andconclusive. On or before May 1, 1974, the Governor shall file copies of a listof said coastal‑area counties with the chairmen of the boards ofcommissioners of each county in the coastal area, with the mayors of eachincorporated city within the coastal area (as so defined) having a populationof 2,000 or more and of each incorporated city having a population of less than2,000 whose corporate boundaries are contiguous with the Atlantic Ocean, andwith the Secretary of State. The said coastal‑area counties and citiesshall thereafter transmit nominations to the Governor of members of the CoastalResources Commission as provided in G.S. 113A‑104(d).
(3) "Coastalsound" means Albemarle, Bogue, Core, Croatan, Currituck, Pamlico andRoanoke Sounds. For purposes of this Article, the inland limits of a sound on atributary river shall be defined as the limits of seawater encroachment on saidtributary river under normal conditions. "Normal conditions" shall beunderstood to include regularly occurring conditions of low stream flow andhigh tide, but shall not include unusual conditions such as those associatedwith hurricane and other storm tides. Unless otherwise determined by theCommission, the limits of seawater encroachment shall be considered to be theconfluence of a sound's tributary river with the river or creek entering itnearest to the farthest inland movement of oceanic salt water under normalconditions. For purposes of this Article, the aforementioned points ofconfluence with tributary rivers shall include the following:
a. On the Chowan River,its confluence with the Meherrin River;
b. On the RoanokeRiver, its confluence with the northeast branch of the Cashie River;
c. On the Tar River,its confluence with Tranters Creek;
d. On the Neuse River,its confluence with Swift Creek;
e. On the Trent River,its confluence with Ready Branch.
Provided,however, that no county shall be considered to be within the coastal areawhich: (i) is adjacent to, adjoining or bounded by any of the above points ofconfluence and lies entirely west of said point of confluence; or (ii) is notbounded by the Atlantic Ocean and lies entirely west of the westernmost of theabove points of confluence.
(4) "Commission"means the Coastal Resources Commission created by G.S. 113A‑104.
(4a) "Department"means the Department of Environment and Natural Resources.
(5) a. "Development"means any activity in a duly designated area of environmental concern (exceptas provided in paragraph b of this subdivision) involving, requiring, orconsisting of the construction or enlargement of a structure; excavation;dredging; filling; dumping; removal of clay, silt, sand, gravel or minerals;bulkheading, driving of pilings; clearing or alteration of land as an adjunctof construction; alteration or removal of sand dunes; alteration of the shore,bank, or bottom of the Atlantic Ocean or any sound, bay, river, creek, stream,lake, or canal; or placement of a floating structure in an area ofenvironmental concern identified in G.S. 113A‑113(b)(2) or (b)(5).
b. The followingactivities including the normal and incidental operations associated therewithshall not be deemed to be development under this section:
1. Work by a highway orroad agency for the maintenance of an existing road, if the work is carried outon land within the boundaries of the existing right‑of‑way;
2. Work by any railroadcompany or by any utility and other persons engaged in the distribution andtransmission of petroleum products, water, telephone or telegraph messages, orelectricity for the purpose of inspecting, repairing, maintaining, or upgradingany existing substations, sewers, mains, pipes, cables, utility tunnels, lines,towers, poles, tracks, and the like on any of its existing railroad or utilityproperty or rights‑of‑way, or the extension of any of the abovedistribution‑related facilities to serve development approved pursuant toG.S. 113A‑121 or 113A‑122;
3. Work by any utilityand other persons for the purpose of construction of facilities for thedevelopment, generation, and transmission of energy to the extent that such activitiesare regulated by other law or by present or future rules of the State UtilitiesCommission regulating the siting of such facilities (including environmentalaspects of such siting), and work on facilities used directly in connectionwith the above facilities;
4. The use of any landfor the purposes of planting, growing, or harvesting plants, crops, trees, orother agricultural or forestry products, including normal private roadconstruction, raising livestock or poultry, or for other agricultural purposesexcept where excavation or filling affecting estuarine waters (as defined inG.S. 113‑229) or navigable waters is involved;
5. Maintenance orrepairs (excluding replacement) necessary to repair damage to structures causedby the elements or to prevent damage to imminently threatened structures by thecreation of protective sand dunes.
6. The construction ofany accessory building customarily incident to an existing structure if thework does not involve filling, excavation, or the alteration of any sand duneor beach;
7. Completion of anydevelopment, not otherwise in violation of law, for which a valid building orzoning permit was issued prior to ratification of this Article and whichdevelopment was initiated prior to the ratification of this Article;
8. Completion ofinstallation of any utilities or roads or related facilities not otherwise inviolation of law, within a subdivision that was duly approved and recordedprior to the ratification of this Article and which installation was initiatedprior to the ratification of this Article;
9. Construction orinstallation of any development, not otherwise in violation of law, for whichan application for a building or zoning permit was pending prior to theratification of this Article and for which a loan commitment (evidenced by anotarized document signed by both parties) had been made prior to theratification of this Article; provided, said building or zoning application isgranted by July 1, 1974;
10. It is the intentionof the General Assembly that if the provisions of any of the foregoingsubparagraphs 1 to 10 of this paragraph are held invalid as a grant of anexclusive or separate emolument or privilege or as a denial of the equalprotection of the laws, within the meaning of Article I, Secs. 19 and 32 of theNorth Carolina Constitution, the remainder of this Article shall be giveneffect without the invalid provision or provisions.
c. The Commission shalldefine by rule (and may revise from time to time) certain classes of minormaintenance and improvements which shall be exempted from the permitrequirements of this Article, in addition to the exclusions set forth inparagraph b of this subdivision. In developing such rules the Commission shallconsider, with regard to the class or classes of units to be exempted:
1. The size of theimproved or scope of the maintenance work;
2. The location of theimprovement or work in proximity to dunes, waters, marshlands, areas of highseismic activity, areas of unstable soils or geologic formations, and areasenumerated in G.S. 113A‑113(b)(3); and
3. Whether or notdredging or filling is involved in the maintenance or improvement.
(5a) "Floatingstructure" means any structure, not a boat, supported by a means offloatation, designed to be used without a permanent foundation, which is usedor intended for human habitation or commerce. A structure shall be considered afloating structure when it is inhabited or used for commercial purposes formore than thirty days in any one location. A boat may be considered a floatingstructure when its means of propulsion has been removed or renderedinoperative.
(6) "Keyfacilities" include the site location and the location of majorimprovement and major access features of key facilities, and mean:
a. Public facilities,as determined by the Commission, on nonfederal lands which tend to inducedevelopment and urbanization of more than local impact, including but notlimited to:
1. Any major airportdesigned to serve as a terminal for regularly scheduled air passenger service orone of State concern;
2. Major interchangesbetween the interstate highway system and frontage‑access streets orhighways; major interchanges between other limited‑access highways andfrontage‑access streets or highways;
3. Major frontage‑accessstreets and highways, both of State concern; and
4. Major recreationallands and facilities;
b. Major facilities onnonfederal lands for the development, generation, and transmission of energy.
(7) "Lead regionalorganizations" means the regional planning agencies created by andrepresentative of the local governments of a multi‑county region, anddesignated as lead regional organizations by the Governor.
(8) "Localgovernment" means the governing body of any county or city which containswithin its boundaries any lands or waters subject to this Article.
(9) "Person"means any individual, citizen, partnership, corporation, association,organization, business trust, estate, trust, public or municipal corporation,or agency of the State or local government unit, or any other legal entityhowever designated.
(10) Repealed by SessionLaws 1987, c. 827, s. 133.
(11) "Secretary"means the Secretary of Environment and Natural Resources, except whereotherwise specified in this Article. (1973, c. 1284, s. 1; 1975,c. 452, s. 5; 1981, c. 913, s. 1; c. 932, s. 2.1; 1987, c. 827, s. 133; 1989,c. 727, s. 126; 1991 (Reg. Sess., 1992), c. 839, ss. 1, 4; 1995, c. 509, s. 58;1997‑443, s. 11A.119(a).)