§ 113A-117. Implementation and enforcement programs.
§ 113A‑117. Implementation and enforcement programs.
(a) The Secretary shall develop and present to the Commissionfor consideration and to all cities and counties and lead regionalorganizations within the coastal area for comment a set of criteria for localimplementation and enforcement programs. In the preparation of such criteria,the Secretary shall emphasize the necessity for the expeditious processing ofpermit applications. Said criteria may contain recommendations and guidelinesas to the procedures to be followed in developing local implementation andenforcement programs, the scope and coverage of said programs, minimumstandards to be prescribed in said programs, staffing of permit‑lettingagencies, permit‑letting procedures, and priorities of regional orstatewide concern. Within 20 months after July 1, 1974, the Commission shalladopt and transmit said criteria (with any revisions) to each coastal‑areacounty and city that has filed an applicable letter of intent, for itsguidance.
(b) The governing body of each city in the coastal area thatfiled an affirmative letter of intent shall adopt an implementation andenforcement plan with respect to its zoning area within 36 months after July 1,1974. The board of commissioners of each coastal‑area county that filedan affirmative letter of intent shall adopt an implementation plan with respectto portions of the county outside city zoning areas within 36 months after July1, 1974, provided, however, that a county implementation and enforcement plan mayalso cover city jurisdictions for those cities within the counties that havenot filed affirmative letters of intent pursuant to G.S. 113A‑116. Priorto adopting the implementation and enforcement program the local governing bodyshall hold a public hearing at which public and private parties shall have theopportunity to present comments and views. Notice of the hearing shall be givennot less than 15 days before the date of the hearing, and shall state the date,time and place of the hearing, the subject of the hearing, and the action whichis to be taken. The notice shall state that copies of the proposedimplementation and enforcement program are available for public inspection atthe county courthouse. Any such notice shall be published at least once in onenewspaper of general circulation in the county at least 15 days before the dateon which the public hearing is scheduled to begin.
(c) Each coastal‑area county and city shall transmit itsimplementation and enforcement program when adopted to the Commission forreview. The Commission shall afford interested persons an opportunity topresent objections and comments regarding the program, and shall review andconsider each local implementation and enforcement program submitted in lightof such objections and comments, the Commission's criteria and any generalstandards of review applicable throughout the coastal area as may be adopted bythe Commission. Within 45 days after receipt of a local implementation andenforcement program the Commission shall either approve the program or notifythe county or city of the specific changes that must be made in order for it tobe approved. Following such changes, the program may be resubmitted in the samemanner as the original program.
(d) If the Commission determines that any local government isfailing to administer or enforce an approved implementation and enforcementprogram, it shall notify the local government in writing and shall specify thedeficiencies of administration and enforcement. If the local government hasnot taken corrective action within 90 days of receipt of notification from theCommission, the Commission shall assume enforcement of the program until suchtime as the local government indicates its willingness and ability to resumeadministration and enforcement of the program. (1973, c. 1284, s. 1; 1975, c. 452, s. 3; 1977, c.771, s. 4; 1989, c. 727, s. 130.)