North Carolina § 113A-100 - Short title.

§ 113A-100. Short title.

This Article shall be known as the Coastal Area Management Act of 1974. History (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. 2.1.) Cross References. - For requirements necessitated by temporary implementation of federal Phase II Stormwater Management and the Stormwater Management Rule, see the notes under G.S. 143-214.7 . Temporary Rules Regarding Exceptions to Setback. - Session Laws 2000-142, s. 3, provides that, notwithstanding G.S. 150B-21.3(a) and 26 NCAC 2C.0102(11), the Coastal Resources Commission may adopt a temporary rule to establish criteria for exceptions to the regulatory requirement, effective August 1, 2000, of a 30-foot development setback along public trust and estuarine waters to allow construction of residences on previously platted undeveloped lots of 5,000 square feet or less that are located in intensively developed areas and that would otherwise be prohibited under rules adopted by the Commission pursuant to Article 7 of Chapter 113A of the General Statutes. The temporary rule shall become effective upon its adoption by the Commission and shall remain in effect until a permanent rule that replaces the temporary rule becomes effective. Session Laws 2001-418, ss. 1 to 3, authorize the Coastal Resources Commission to adopt temporary rules to establish additional exceptions to the 30-foot buffer requirement along public trust and estuarine waters in certain circumstances and to allow structural modifications to piers to prevent or minimize storm damage. Temporary Unvegetated Beach Areas Designated on Certain Oceanfront Areas of Hatteras Island. - Session Laws 2004-1, s. 1, expiring when a permanent rule making the designation becomes effective, provides that: "For purposes of implementing Article 7 of Chapter 113A of the General Statutes and rules adopted pursuant to that Article and notwithstanding any provision of that Article or those rules to the contrary, there are hereby designated as temporary unvegetated beach areas those oceanfront areas on Hatteras Island west of the new inlet breach in Dare County in which the vegetation line as shown on Dare County orthophotographs dated 4 February 2002 through 10 February 2002, was destroyed as a result of Hurricane Isabel on 18 September 2003, and the remnants of which were subsequently buried by the construction of an emergency berm. This designation shall continue until stable, natural vegetation is reestablished or until the area is permanently designated as an unvegetated beach area pursuant to 15A NCAC 07H.0304(4)(a)." Moratorium on Certain Temporary Erosion Control Measures and Feasibility Study Regarding Use of Terminal Groin as Erosion Control Device. - Session Laws 2009-479, s. 1(a)-(c), expiring September 1, 2010, provides: "(a) Definitions and Concepts. - The following definitions and concepts apply to Sections 1 of this act and its implementation: "(1) 'Temporary erosion control structure' means a sandbag structure placed above mean high water and parallel to the shore. "(2) A community is considered to be actively pursuing a beach nourishment or inlet relocation project under any of the following circumstances: "a. The community has a current and valid Coastal Area Management Act permit for the project. "b. The community has been identified by a U.S. Army Corps of Engineers' Beach Nourishment Reconnaissance Study, General Reevaluation Report, Coastal Storm Damage Reduction Study, or an ongoing feasibility study by the U.S. Army Corps of Engineers. "c. The community has received a favorable economic evaluation report on a federal project or is in the planning stages of a project that (i) has been designed by the U.S. Army Corps of Engineers or persons meeting applicable State occupational licensing requirements and (ii) has been initiated by a local government or community working toward the identification and adoption of a mechanism to provide the necessary local or State funds to construct the project. "(b) Moratorium Established. - Notwithstanding Article 7 of Chapter 113A of the General Statutes and rules adopted pursuant to Article 7, there is hereby established a moratorium on certain actions of the Coastal Resources Commission related to temporary erosion control structures. The Commission shall not order the removal of a temporary erosion control structure that has been permitted under Article 7 of Chapter 113A of the General Statutes in a community that is actively pursuing a beach nourishment project or an inlet relocation project on or before the effective date of this act. "(c) Exceptions. - The moratorium on certain actions by the Coastal Resources Commission related to temporary erosion control structures shall not prohibit the Commission from undertaking any of the following actions: "(1) Granting permit modifications to allow the replacement, within the originally permitted dimensions, of temporary erosion control structures that have been damaged or destroyed. "(2) Requiring the removal of temporary erosion control structures installed in violation of Article 7 of Chapter 113A of the General Statutes and rules adopted pursuant to Article 7. "(3) Requiring that a temporary erosion control structure that has been modified in violation of Article 7 of Chapter 113A of the General Statutes and rules adopted pursuant to Article 7 be brought back into compliance with permit conditions. "(4) Requiring the removal of a temporary erosion control structure that no longer protects an imminently threatened road and associated right-of-way or an imminently threatened building and associated septic system." Session Laws 2009-479, s. 2(a)-(d), provides: "(a) Study. - The Coastal Resources Commission, in consultation with the Division of Coastal Management, the Division of Land Resources, and the Coastal Resources Advisory Commission, shall conduct a study of the feasibility and advisability of the use of a terminal groin as an erosion control device at the end of a littoral cell or the side of an inlet to limit or control sediment passage into the inlet channel. For the purpose of this study, a littoral cell is defined as any section of coastline that has its own sediment sources and is isolated from adjacent coastal reaches in terms of sediment movement. "(b) Specific Considerations. - In conducting the study, the Commission shall specifically consider all of the following: "(1) Scientific data regarding the effectiveness of terminal groins constructed in North Carolina and other states in controlling erosion. Such data will include consideration of the effect of terminal groins on adjacent areas of the coastline. "(2) Scientific data regarding the impact of terminal groins on the environment and natural wildlife habitats. "(3) Information regarding the engineering techniques used to construct terminal groins, including technological advances and techniques that minimize the impact on adjacent shorelines. "(4) Information regarding the current and projected economic impact to the State, local governments, and the private sector from erosion caused by shifting inlets, including loss of property, public infrastructure, and tax base. "(5) Information regarding the public and private monetary costs of the construction and maintenance of terminal groins. "(6) Whether the potential use of terminal groins should be limited to navigable, dredged inlet channels. "(c) Public Input. - In conducting the study, the Commission shall hold at least three public hearings where interested parties and members of the general public will have the opportunity to present views and written material regarding the feasibility and advisability of the use of a terminal groin as an erosion control device at the end of a littoral cell or the side of an inlet to limit or control sediment passage into the inlet channel. "(d) Report. - No later than April 1, 2010, the Commission shall report its findings and recommendations to the Environmental Review Commission and the General Assembly." Safety of Shallow Draft Navigation Channels and Oregon Inlet Land Acquisition Task Force. - Session Laws 2013-138, ss. 1, 2, and 3.1 through 3.8, provide: "Section 1. For purposes of this act, the following definitions apply: "(1) 'Department' means the Department of Environment and Natural Resources. "(2) 'Corps' means the United States Army Corps of Engineers. "(3) 'Shallow draft navigation channel' means (i) a waterway connection with a maximum depth of 16 feet between the Atlantic Ocean and a bay or the Atlantic Intracoastal Waterway, (ii) a river entrance to the Atlantic Ocean through which tidal and other currents flow, or (iii) other interior coastal waterways. 'Shallow draft navigation channel'includes the Atlantic Intracoastal Waterway and its side channels, Beaufort Harbor, Bogue Inlet, Carolina Beach Inlet, the channel from Back Sound to Lookout Back, channels connected to federal navigation channels, Lockwoods Folly River, Manteo/Shallowbag Bay, including Oregon Inlet, Masonboro Inlet, New River, New Topsail Inlet, Rodanthe, Rollinson, Shallotte River, Silver Lake Harbor, and the waterway connecting Pamlico Sound and Beaufort Harbor. "Section 2. The Department shall take all of the following steps in order to ensure that the State's shallow draft navigation channels are safe and navigable: "(1) The Department shall utilize long-term agreements with Corps to maintain the dredging of the State's shallow draft navigation channels to depths authorized on the date this act becomes law. "(2) The Department shall assist local governments in their pursuit of general permit authorizations from the Corps to allow the local governments to dredge shallow draft navigation channels to depths and according to project designs authorized on the date this act becomes law. "(3) The Department shall assist local governments in their pursuit of individual permits under the State Coastal Area Management Act permits issued by the Corps to allow the dredging of shallow draft navigation channels to depths greater than authorized on the date this act becomes law and to allow the placement of dredged materials on beaches. "Section 3.1. There is hereby created the Oregon Inlet Land Acquisition Task Force for the purpose of determining, reviewing, and considering the State's options for acquiring the federal government's right, title, and interest in Oregon Inlet and the real property adjacent thereto, including submerged lands. A more particular description of the property to be acquired is provided in Section 3.8 of this act. Acquiring the property described in Section 3.8 of this act will allow the State to preserve Oregon Inlet and to develop long-term management solutions for preserving and enhancing the navigability of Oregon Inlet, which is both a critical transportation corridor and a critical source of commerce for the State's Outer Banks. The Task Force shall have duties including the following: "(1) Consulting with the State Property Office and agencies and departments of the federal government, including the United States Department of Fish and Wildlife, United States National Park Service, Congressional Budget Office, and members of the North Carolina congressional delegation to establish the monetary value of Oregon Inlet and the real property adjacent thereto. "(2) Determining whether and to what degree the federal government will sell to the State Oregon Inlet and the real property adjacent thereto or exchange the property for State-owned real property. If the federal government expresses a willingness to exchange the property for State-owned property, the Task Force shall determine the identity of the State-owned property and the monetary value of the property. "(3) Exploring any and all options for acquiring Oregon Inlet and the real property adjacent thereto, including condemnation of the coastal lands conveyed to the federal government in a deed dated August 7, 1958, and recorded September 3, 1958, in the Dare County Registry of Deeds. "(4) Considering any other issues deemed relevant by the Task Force that are related to the acquisition of Oregon Inlet and the real property adjacent thereto. "Section 3.2. The Task Force shall consist of the following 13 members: "(1) The Governor or the Governor's designee, who shall be chair. "(2) The Commissioner of Agriculture and Consumer Services or the Commissioner's designee. "(3) The Secretary of the Department of Administration or the Secretary's designee. "(4) The Secretary of the Department of Commerce or the Secretary's designee. "(5) The Secretary of the Department of Environment and Natural Resources or the Secretary's designee. "(6) The Secretary of the Department of Public Safety or the Secretary's designee. "(7) The Secretary of the Department of Transportation or the Secretary's designee. "(8) The Attorney General or the Attorney General's designee. "(9) Two members of the Senate appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate. "(10) Two members of the House of Representatives appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives. "(11) The chair of the Dare County Board of Commissioners or the chair's designee. "Section 3.3. The terms of the members appointed under Section 3.2 of this act shall commence on July 1, 2013. A vacancy on the Task Force shall be filled by the Governor, except that a vacancy in an appointment by the General Assembly shall be filled by the original appointing authority. "Section 3.4. The Task Force shall meet at the call of the Governor. All members of the Task Force are voting members. A majority of the members of the Task Force constitutes a quorum. "Section 3.5. Members of the Task Force shall receive no compensation for their service, but may receive per diem, travel, and subsistence allowances in accordance with G.S. 120-3.1 , 138-5, and 138-6, as appropriate. No State funds shall be appropriated to the Task Force or to any State agency or department for the Task Force. "Section 3.6. The Department of Commerce shall provide staff to the Task Force. All State agencies and departments shall provide assistance to the Task Force upon request. "Section 3.7. By May 1, 2014, the Task Force shall submit a report detailing its findings and recommendations to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the General Assembly. The Task Force shall terminate upon the filing of the report required by this section." Session Laws 2013-138, s. 3.8, provided a list of latitude and longitude points of the federally owned property to be acquired by the State. Oregon Inlet State Park and Outer Banks Transportation Corridor. - Session Laws 2014-100, s. 14.7(a)-(h), authorizes the initiation of negotiations by the Department of Administration with the appropriate federal authority for the acquisition of certain federally owned property for the creation of Oregon Inlet State Park. If the subject real property is acquired by the State, then, together with any other real property owned by the State within the subject area, the Department of Environment and Natural Resources is authorized to add Oregon Inlet State Park to the State Parks System. The provisions of Session Laws 2014-100, s. 14.7(a)-(h), further provides for the condemnation authority necessary to manage existing and future transportation corridors on the Outer Banks, and for the identification of federally owned property necessary to construct or manage existing and future transportation corridors on the Outer Banks. Beach Nourishment Studies. - Session Laws 2016-94, s. 14.22(a)-(d), provides: "(a) The Division of Coastal Management and the Department of Environmental Quality shall study and provide an executive summary of readily available data and existing studies on the physical and economic, storm mitigation, and public safety benefits of out-of-state coastal storm damage reduction and beach nourishment projects. Specific items benefitted by coastal storm damage reduction shall include, at a minimum, public infrastructure, public property, private property, small businesses, and tourism. The results of the study shall be reported no later than November 1, 2016, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. "(b) The County Tax Office of each covered county shall work together to identify all privately and publicly owned property island-wide in the county. A covered county includes the Counties of Brunswick, New Hanover, Pender, Onslow, Carteret, Hyde, Dare, and Currituck. Each County Tax Office shall determine whether the mailing/ownership address on the tax record of such property is (i) in the county where such property is located, (ii) in a noncovered county in North Carolina, or (iii) outside the State of North Carolina. Each County Tax Office shall send an electronic list of the property addresses and matched mailing/ownership addresses suitable for electronic sorting no later than November 1, 2016, to the Department of Environmental Quality and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. "(c) The Department of Commerce shall study and provide an executive summary of readily available economic data related to the 20 coastal counties of the State for the purpose of quantifying the contribution of the coastal economy to the economy of the State as a whole, considering, at a minimum, the benefits of travel and tourism, small businesses, job creation and opportunity, and tax revenues, including property, sales, and income taxes. The Department shall report the results of the study no later than November 1, 2016, to the Department of Environmental Quality and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. "(d) The Department of Environmental Quality shall include the studies required by each subsection of this section as appendices to the Beach and Inlet Management Plan required by Section 14.6(b)(4) of S.L. 2015-241." Editor's Note. - Session Laws 2012-202, s. 3, provides: "(a) Notwithstanding Article 7 of Chapter 113A of the General Statutes and rules adopted pursuant to that Article, the Coastal Resources Commission shall not deny a development permit for the replacement of a single-family or duplex residential dwelling with a total floor area greater than 5,000 square feet based on failure to meet the ocean hazard setback required under 15A NCAC 07H.0306(a)(2) if the structure meets all of the following criteria: "(1) The structure was originally constructed prior to August 11, 2009. "(2) The structure as replaced does not exceed the original footprint or square footage. "(3) The structure as replaced meets the minimum setback required under 15A NCAC 07H.0306(a)(2)(A). "(4) It is impossible for the structure to be rebuilt in a location that meets the ocean hazard setback criteria required under 15A NCAC 07H.0306(a)(2). "(5) The structure is rebuilt as far landward on the lot as feasible. "(b) No later than October 1, 2012, the Coastal Resources Commission shall adopt temporary rules consistent with the provisions of subsection (a) of this section. Notwithstanding G.S. 150B-19(4) , the rules adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (a) of this section. The temporary rules shall remain in effect until permanent rules that replace the temporary rules become effective." Session Laws 2012-202, s. 4, provides: "The Coastal Resources Commission shall study the feasibility of creating a new Area of Environmental Concern for the lands adjacent to the mouth of the Cape Fear River. In studying this region, which shall at least encompass the Town of Caswell Beach and the Village of Bald Head Island, the Commission shall consider the unique coastal morphologies and hydrographic conditions not found elsewhere along the coast. As part of this study, the Commission shall collaborate with the Town of Caswell Beach, the Village of Bald Head Island, and landowners within and immediately adjacent to these two municipalities to identify regulatory concerns and develop strategies for creating a more efficient regulatory framework. If the Commission deems action is necessary to preserve, protect, and balance the economic and natural resources of this region, the Commission shall work to eliminate overlapping Areas of Environmental Concern in these areas and instead incorporate appropriate development standards into one single Area of Environmental Concern unique to this location. The Commission shall report its findings, including any proposed actions the Commission deems appropriate, to the Secretary of Environment and Natural Resources, the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Environmental Review Commission on or before December 31, 2013." Session Laws 2012-202, s. 5, provides: "The Coastal Resources Commission shall study the feasibility of eliminating the Inlet Hazard Area of Environmental Concern and incorporating appropriate development standards adjacent to the State's developed inlets into the Ocean Erodible Area of Environmental Concern. If the Commission deems action is necessary to preserve, protect, and balance the economic and natural resources adjacent to inlets, the Commission shall consider the elimination of the inlet hazard boxes; the development of shoreline management strategies that take into account short- and long-term inlet shoreline oscillation and variation, including erosion rates and setback factors; the development of standards that account for the lateral movement of inlets and their impact on adjacent development and habitat; and consideration of how new and existing development standards, as well as existing and proposed development, are impacted by historical and ongoing beach and inlet management techniques, including dredging, beach fill, and engineered structures such as groins and jetties. As part of this study, the Commission shall collaborate with local governments and landowners affected by the Commission's Inlet Hazard Areas to identify regulatory concerns and develop strategies for creating a more efficient regulatory framework. The Commission shall report its findings, including any proposed actions the Commission deems appropriate, to the Secretary of Environment and Natural Resources, the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Environmental Review Commission on or before January 31, 2015." Session Laws 2014-100, s. 14.7(m), provides: "Notwithstanding the provisions of Chapter 146 of the General Statutes, Article 9A of Chapter 113A of the General Statutes, or any other provision of law, neither the Governor nor the Council of State shall be required to approve any conveyance, exchange, or condemnation made pursuant to this section. Notwithstanding any other provision of law, consultation with or reporting to the Joint Legislative Commission on Governmental Operations shall not be required prior to the conveyance, exchange, or condemnation, except as set forth in subsection (h) of this section." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-286, s. 4.19, provides: "The Department of Environment and Natural Resources [Department of Environmental Quality] shall evaluate the water quality of surface waters in the Coastal Counties and the impact of stormwater on this water quality. The Department shall study and determine the maximum allowable built-upon area for the low density state stormwater option as directly related to the length of grassed swale treatment length; therefore providing data for a property to achieve increased built-upon area above current limits by providing a longer length of grassed swale through which the stormwater must pass. If it is determined that increases in the percentage of built-upon area can be allowed in this way without detriment to the water quality, the Department shall submit recommendations to the General Assembly for the levels of increases in built-upon area that can be supported with corresponding increases in the length of grassed swale through which the stormwater shall pass. No later than April 1, 2016, the Department shall report the results of its study, including recommendations, to the Environmental Review Commission." Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-10, s. 3.16, provides: "The Division of Coastal Management of the Department of Environmental Quality, in consultation with the Coastal Resources Commission, shall study the change in erosion rates directly adjacent to existing and newly constructed terminal groins to determine whether long-term erosion rates, currently in effect in accordance with 15A NCAC 07H.0304 (AECS Within Ocean Hazard Areas), should be adjusted to reflect any mitigation of shoreline erosion resulting from the installation of the terminal groins. The Division shall report on the results of the study to the Environmental Review Commission on or before March 1, 2018." Session Laws 2017-10, s. 5.1, is a severability clause. Session Laws 2018-5, s. 13.7(a)-(h), provides: "(a) The General Assembly finds that the maintenance of the State's shallow draft navigation channels in a manner that keeps those channels navigable and safe and minimizes their closure or degradation is a vital public purpose and a proper governmental function and that declines in federal funding and dredging activity have significantly and adversely impacted the ability of the federal government to maintain these channels in a timely manner. The resulting deterioration in these channels damages the significant portion of the economy of the State's coastal regions that is dependent on the use of the navigation channels by watercraft. Therefore, it is the policy of the State to support and, when necessary to meet the public purposes set forth in this subsection, to supplement federal maintenance of these navigation channels. For purposes of this section, "shallow draft navigation channel" shall have the definition set forth in G.S. 143-215.73 F(e). "(b) Notwithstanding subsection (b) of G.S. 143-215.73 F, fifteen million dollars ($15,000,000) from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund shall be allocated to Dare County (Local Partner) to provide a forgivable loan to a private partner for the purchase of a shallow draft hopper dredge to be used under the direction of the Oregon Inlet Task Force in accordance with the work plan negotiated under subdivision (2) of subsection (e) of this section for maintenance of shallow draft navigation channels located throughout the State. For purposes of this section, Oregon Inlet Task Force refers to the advisory body initially appointed by the Dare County Commission at its January 22, 2013, meeting, as subsequently revised by the Commission. The Local Partner shall delegate by resolution any of its delegable duties under this section to the Task Force. The Task Force shall coordinate the use of the dredge funded by this section to ensure that dredging projects for all shallow draft navigation channels located in waters of the State are completed in an expeditious and timely manner. "(c) The selection of a private partner shall be subject only to the requirements set forth in this subsection and shall be exempt from Articles 3 and 8 of Chapter 143 of the General Statutes. By August 1, 2018, the Local Partner shall issue a Request for Proposals (RFP) with required guidelines and eligibility criteria to private entities for the forgivable loan funded by this section. An eligible entity responding to the RFP shall submit to the Local Partner an application within 30 days in the manner and accompanied by such information as the Local Partner may require. The Local Partner shall select a private partner no later than 60 days after the deadline for submission of responses to the RFP. "(d) The forgivable loan agreement between the Local Partner and the private entity receiving the loan (the Loan Parties) shall (i) be for a term of 10 years, renewable for additional 5 year terms at the agreement of the Loan Parties, and (ii) include, at a minimum, the following: "(1) The dredge for which funding is provided under this section shall be used primarily for maintenance of shallow draft navigation channels located in the State under the direction of the Task Force and based on the work plan as determined in the Memorandum of Agreement described in subdivision (e)(2) of this section. "(2) To ensure that public funds are used only to carry out public purposes, the private entity shall provide, as service repayment on the forgivable loan, dredging of the State's shallow draft navigation channels at a cost-savings between the usual and customary rate for dredging services of this type (as determined by the Local Partner in consultation with the United States Army Corps of Engineers and the Department of Environmental Quality) and a lower rate specified for the dredging in the loan agreement. The agreement shall account for cost-savings that total fifteen million dollars ($15,000,000) over the term of the agreement. The Local Partner shall annually forgive that portion of the loan and any interest accrued on the loan based on the provision of reduced cost dredging services. "(3) At the option of the Loan Parties, the agreement may provide for use of the dredge to undertake supplemental dredging projects within the State at the usual and customary rate charged for such projects if the Local Partner determines that the dredge has capacity to undertake additional work. The Loan Parties shall prioritize supplemental dredging projects for local governments over supplemental dredging projects for private entities. Supplemental dredging projects authorized by this subdivision shall not be credited toward repayment of the forgivable loan under subdivision (2) of this subsection. "(4) If the private entity does not provide cost-savings on dredging services at the State's shallow draft navigation channels in an amount equal to fifteen million dollars ($15,000,000) over the term of the Agreement, the owner of the dredge shall repay the Local Partner within 90 days of the termination date of the Agreement in an amount equal to the remaining service repayment obligation plus any interest accrued on the remaining obligation. The Local Partner shall forward the funds repaid under this subdivision to the Office of State Budget and Management to be credited to the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund. "(e) The Department of Environmental Quality, the Local Partner, and the private entity shall do all of the following: "(1) Plan and allocate responsibilities for any permits, authorizations, or certifications necessary for operation of the dredge for the purposes described in this section. The Local Partner and the private entity shall structure ownership and operation of the dredge in a manner that allows work to be conducted to the maximum extent possible under general permits or through amendments to existing individual permits in order to minimize the expense and delay associated with permitting of dredge operations. "(2) Upon request of the Local Partner, negotiate a Memorandum of Agreement or an amendment to the existing Memorandum of Agreement between the Department and the United States Army Corps of Engineers to incorporate in-kind contributions through the activities of the dredge acquired under this section into existing work plans for maintenance work on shallow draft navigation channels of the State. "(f) The Local Partner shall perform all of the administrative functions necessary to implement this section, including implementing the forgivable loan agreement, loan monitoring, establishing service repayment conditions, including necessary documentation for the determination of the cost of dredging services, enforcing the agreement, and all other functions necessary for the execution and enforcement of the agreement. "(g) The State shall incur no liability for and nothing in this section is intended to waive any sovereign immunity the State may have at common law for any damages or loss associated with the activities authorized by this section. Furthermore, nothing in this section is intended to waive or abrogate the Local Partner's immunity from civil liability in tort. "(h) The Local Partner shall annually report no later than October 1 on dredging activities undertaken during the prior fiscal year to the Department of Environmental Quality, the Fiscal Research Division, and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. The report shall also include detailed information about any default on the terms of the forgivable loan and resulting recoupment or repayment of the State's investment during the fiscal year. The reporting requirement imposed by this subsection shall expire upon the filing of the report covering the fiscal year in which the term of the forgivable loan agreement ends." Session Laws 2018-5, s. 13.9(a), as amended by Session Laws 2018-138, s. 2.9, and as amended by Session Laws 2019-75, s. 3, provides: "Of the funds appropriated in this act to the Department of Environmental Quality, Division of Water Resources, the sum of five million dollars ($5,000,000) shall be allocated in equal amounts to the Towns of North Topsail Beach, Surf City, and Topsail Beach for hurricane recovery projects in or benefitting the Towns and their adjoining coastline." Session Laws 2018-5, s. 13.9(b), as amended by Session Laws 2018-138, s. 2.9, and as amended by Session Laws 2019-75, s. 3, provides: "On or before October 1, 2019, the recipients of allocations under this section shall submit a report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division. The report shall contain at least all of the following: "(1) A list of participating local governments and engineering firms and other partners in projects funded under this section. "(2) A list of projects funded, including a summary of the costs and the scope of the project. "(3) Documentation of the impact on the resilience of beach nourishment projects." Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Legal Periodicals. - For article analyzing and evaluating this Article in the light of the Federal Coastal Zone Management Act of 1972, see 53 N.C.L. Rev. 275 (1974). For article, "The Coastal Area Management Act in the Courts: A Preliminary Analysis," see 53 N.C.L. Rev. 303 (1974). For article, "A Legislative History of the Coastal Area Management Act," see 53 N.C.L. Rev. 345 (1974). For comment, "Urban Planning and Land Use Regulation: The Need For Consistency," see 14 Wake Forest L. Rev. 81 (1978). For survey of 1978 administrative law, see 57 N.C.L. Rev. 831 (1979). For survey of 1978 constitutional law, see 57 N.C.L. Rev. 958 (1979). For comment, "Sunbathers Versus Property Owners: Public Access to North Carolina Beaches," see 64 N.C.L. Rev. 159 (1985). For article, "The Battle to Preserve North Carolina's Estuarine Marshes: The 1985 Legislation, Private Claims to Estuarine Marshes, Denial of Permits to Fill, and the Public Trust," see 64 N.C.L. Rev. 565 (1986). For article, "Coastal Management Law in North Carolina: 1974-1994," see 72 N.C.L. Rev. 1413 (1994). For comment, "Legal Analysis of the Constitutionality of the Water Supply Watershed Protection Act of 1989 and the Hyde Bill," see 29 Wake Forest L. Rev. 1279 (1994). For article, "The Changing Face of the Shoreline: Public and Private Rights to the Natural and Nourished Dry Sand Beaches of North Carolina," see 78 N.C.L. Rev. 1869 (2000). For article, "Now Open for Development?: The Present State of Regulation of Activities in North Carolina Wetlands," see 79 N.C.L. Rev. 1667 (2001). For article, "North Carolina Oceanfront Property and Public Waters and Beaches: The Rights of Littoral Owners in the Twenty-First Century," see 83 N.C. L. Rev. 1427 (2005). For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007). For article, "Wind Over North Carolina Waters: The State's Preparedness to Address Offshore and Coastal Water-Based Wind Energy Projects," see 87 N.C.L. Rev. 1819 (2009).