§ 113A-113. Areas of environmental concern; in general.
Part 3. Areas of Environmental Concern.
§ 113A‑113. Areas of environmental concern; ingeneral.
(a) The Coastal Resources Commission shall by rule designategeographic areas of the coastal area as areas of environmental concern andspecify the boundaries thereof, in the manner provided in this Part.
(b) The Commission may designate as areas of environmentalconcern any one or more of the following, singly or in combination:
(1) Coastal wetlands as defined in G.S. 113‑229(n)(3) andcontiguous areas necessary to protect those wetlands;
(2) Estuarine waters, that is, all the water of the AtlanticOcean within the boundary of North Carolina and all the waters of the bays,sounds, rivers, and tributaries thereto seaward of the dividing line betweencoastal fishing waters and inland fishing waters, as set forth in the mostrecent official published agreement adopted by the Wildlife ResourcesCommission and the Department of Environment and Natural Resources;
(3) Renewable resource areas where uncontrolled or incompatibledevelopment which results in the loss or reduction of continued long‑rangeproductivity could jeopardize future water, food or fiber requirements of morethan local concern, which may include:
a. Watersheds or aquifers that are present sources of publicwater supply, as identified by the Department or the Environmental ManagementCommission, or that are classified for water‑supply use pursuant to G.S.143‑214.1;
b. Capacity use areas that have been declared by theEnvironmental Management Commission pursuant to G.S. 143‑215.13(c) andareas wherein said Environmental Management Commission (pursuant to G.S. 143‑215.3(d)or 143‑215.3(a)(8)) has determined that a generalized condition of waterdepletion or water or air pollution exists;
c. Prime forestry land (sites capable of producing 85 cubicfeet per acre‑year, or more, of marketable timber), as identified by theDepartment.
(4) Fragile or historic areas, and other areas containingenvironmental or natural resources of more than local significance, whereuncontrolled or incompatible development could result in major or irreversibledamage to important historic, cultural, scientific or scenic values or naturalsystems, which may include:
a. Existing national or State parks or forests, wildernessareas, the State Nature and Historic Preserve, or public recreation areas;existing sites that have been acquired for any of the same, as identified bythe Secretary; and proposed sites for any of the same, as identified by theSecretary, provided that the proposed site has been formally designated foracquisition by the governmental agency having jurisdiction;
b. Present sections of the natural and scenic rivers system;
c. Stream segments that have been classified for scientific orresearch uses by the Environmental Management Commission, or that are proposedto be so classified in a proceeding that is pending before said EnvironmentalManagement Commission pursuant to G.S. 143‑214.1 at the time of thedesignation of the area of environmental concern;
d. Existing wildlife refuges, preserves or management areas,and proposed sites for the same, as identified by the Wildlife ResourcesCommission, provided that the proposed site has been formally designated foracquisition (as hereinafter defined) or for inclusion in a cooperativeagreement by the governmental agency having jurisdiction;
e. Complex natural areas surrounded by modified landscapes thatdo not drastically alter the landscape, such as virgin forest stands within acommercially managed forest, or bogs in an urban complex;
f. Areas that sustain remnant species or aberrations in thelandscape produced by natural forces, such as rare and endangered botanical oranimal species;
g. Areas containing unique geological formations, as identifiedby the State Geologist; and
h. Historic places that are listed, or have been approved forlisting by the North Carolina Historical Commission, in the National Registerof Historic Places pursuant to the National Historic Preservation Act of 1966;historical, archaeological, and other places and properties owned, managed orassisted by the State of North Carolina pursuant to Chapter 121; and propertiesor areas that are or may be designated by the Secretary of the Interior asregistered natural landmarks or as national historic landmarks;
(5) Areas such as waterways and lands under or flowed by tidalwaters or navigable waters, to which the public may have rights of access orpublic trust rights, and areas which the State of North Carolina may beauthorized to preserve, conserve, or protect under Article XIV, Sec. 5 of theNorth Carolina Constitution;
(6) Natural‑hazard areas where uncontrolled orincompatible development could unreasonably endanger life or property, andother areas especially vulnerable to erosion, flooding, or other adverseeffects of sand, wind and water, which may include:
a. Sand dunes along the Outer Banks;
b. Ocean and estuarine beaches and the shoreline of estuarineand public trust waters;
c. Floodways and floodplains;
d. Areas where geologic and soil conditions are such that thereis a substantial possibility of excessive erosion or seismic activity, asidentified by the State Geologist;
e. Areas with a significant potential for air inversions, asidentified by the Environmental Management Commission.
(7) Areas which are or may be impacted by key facilities.
(8) Outstanding Resource Waters as designated by theEnvironmental Management Commission and such contiguous land as the CoastalResources Commission reasonably deems necessary for the purpose of maintainingthe exceptional water quality and outstanding resource values identified in thedesignation.
(9) Primary Nursery Areas as designated by the Marine FisheriesCommission and such contiguous land as the Coastal Resources Commissionreasonably deems necessary to protect the resource values identified in thedesignation including, but not limited to, those values contributing to thecontinued productivity of estuarine and marine fisheries and thereby promotingthe public health, safety and welfare.
(c) In those instances where subsection (b) of this sectionrefers to locations identified by a specified agency, said agency is herebyauthorized to make the indicated identification from time to time and isdirected to transmit the identification to the Commission; provided, however,that no designation of an area of environmental concern based solely on anagency identification of a proposed location may remain effective for longerthan three years unless, in the case of paragraphs (4)a and d of subsection (b)of this section, the proposed site has been at least seventy‑five percent(75%) acquired. Within the meaning of this section, "formal designationfor acquisition" means designation in a formal resolution adopted by thegoverning body of the agency having jurisdiction (or by its chief executive, ifit has no governing body), together with a direction in said resolution thatthe initial step in the land acquisition process be taken (as by filing anapplication with the Department of Administration to acquire property pursuantto G.S. 146‑23).
(d) Additional grounds for designation of areas of environmentalconcern are prohibited unless enacted into law by an act of the GeneralAssembly. (1973, c. 476, s.128; c. 1262, ss. 23, 86; c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c. 771, s.4; 1981, c. 932, s. 2.1; 1983, c. 518, s. 1; 1989, c. 217, s. 1; c. 727, s.128; 1997‑443, s. 11A.119(a).)