§ 113A-120. Grant or denial of permits.
§113A‑120. Grant or denial of permits.
(a) The responsibleofficial or body shall deny an application for a permit upon finding:
(1) In the case ofcoastal wetlands, that the development would contravene an order that has beenor could be issued pursuant to G.S. 113‑230.
(2) In the case ofestuarine waters, that a permit for the development would be denied pursuant toG.S. 113‑229(e).
(3) In the case of arenewable resource area, that the development will result in loss orsignificant reduction of continued long‑range productivity that wouldjeopardize one or more of the water, food or fiber requirements of more thanlocal concern identified in subdivisions a through c of G.S. 113A‑113(b)(3).
(4) In the case of afragile or historic area, or other area containing environmental or naturalresources of more than local significance, that the development will result inmajor or irreversible damage to one or more of the historic, cultural,scientific, environmental or scenic values or natural systems identified insubdivisions a through h of G.S. 113A‑113(b)(4).
(5) In the case of areascovered by G.S. 113A‑113(b)(5), that the development will jeopardize thepublic rights or interests specified in said subdivision.
(6) In the case ofnatural hazard areas, that the development would occur in one or more of theareas identified in subdivisions a through e of G.S. 113A‑113(b)(6) insuch a manner as to unreasonably endanger life or property.
(7) In the case of areaswhich are or may be impacted by key facilities, that the development isinconsistent with the State guidelines or the local land‑use plans, orwould contravene any of the provisions of subdivisions (1) to (6) of thissubsection.
(8) In any case, thatthe development is inconsistent with the State guidelines or the local land‑useplans.
(9) In any case, thatconsidering engineering requirements and all economic costs there is apracticable alternative that would accomplish the overall project purposes withless adverse impact on the public resources.
(10) In any case, that theproposed development would contribute to cumulative effects that would beinconsistent with the guidelines set forth in subdivisions (1) through (9) ofthis subsection. Cumulative effects are impacts attributable to the collectiveeffects of a number of projects and include the effects of additional projectssimilar to the requested permit in areas available for development in thevicinity.
(b) In the absence ofsuch findings, a permit shall be granted. The permit may be conditioned upon theapplicant's amending his proposal to take whatever measures or agreeing tocarry out whatever terms of operation or use of the development that arereasonably necessary to protect the public interest with respect to the factorsenumerated in subsection (a) of this section.
(b1) In addition to thosefactors set out in subsection (a) of this section, and notwithstanding theprovisions of subsection (b) of this section, the responsible official or bodymay deny an application for a permit upon finding that an applicant, or anyparent or subsidiary corporation if the applicant is a corporation:
(1) Is conducting or hasconducted any activity causing significant environmental damage for which amajor development permit is required under this Article without havingpreviously obtained such permit or has received a notice of violation withrespect to any activity governed by this Article and has not complied with thenotice within the time specified in the notice;
(2) Has failed to pay acivil penalty assessed pursuant to this Article, a local ordinance adoptedpursuant to this Article, or Article 17 of Chapter 113 of the General Statuteswhich is due and for which no appeal is pending;
(3) Has been convictedof a misdemeanor pursuant to G.S. 113A‑126, G.S. 113‑229(k), or anycriminal provision of a local ordinance adopted pursuant to this Article; or
(4) Has failed tosubstantially comply with State rules or local ordinances and regulationsadopted pursuant to this Article or with other federal and state laws, regulations,and rules for the protection of the environment.
(b2) For purposes ofsubsection (b1) of this section, an applicant's record may be considered foronly the two years prior to the application date.
(c) Repealed by SessionLaws 1989, c. 676, s. 7. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c.932, s. 2.1; 1983, c. 518, ss. 4, 5; 1987, c. 827, s. 138; 1989, c. 51; c. 676,s. 7; 1997‑337, s. 2; 1997‑456, s. 55.2B; 1997‑496, s. 2;2000‑172, s. 2.1.)