North Carolina § 113A-107 - 1. Sea-level policy.

§ 113A-107. 1. Sea-level policy.

The General Assembly does not intend to mandate the development of sea-level policy or the definition of rates of sea-level change for regulatory purposes. No rule, policy, or planning guideline that defines a rate of sea-level change for regulatory purposes shall be adopted except as provided by this section. Nothing in this section shall be construed to prohibit a county, municipality, or other local government entity from defining rates of sea-level change for regulatory purposes. All policies, rules, regulations, or any other product of the Commission or the Division related to rates of sea-level change shall be subject to the requirements of Chapter 150B of the General Statutes. The Commission shall be the only State agency authorized to define rates of sea-level change for regulatory purposes. If the Commission defines rates of sea-level change for regulatory purposes, it shall do so in conjunction with the Division of Coastal Management of the Department. The Commission and Division may collaborate with other State agencies, boards, and commissions; other public entities; and other institutions when defining rates of sea-level change. History (2012-202, s. 2(a).) Editor's Note. - Session Laws 2014-120, s. 35(a)-(f), provides: "(a) The definitions set out in G.S. 113A-103 apply to this section. "(b) 15A NCAC 07H.0304 (AECs Within Ocean Hazard Areas). - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 35(d) of this act, the Commission and the Department shall implement 15A NCAC 07H.0304 (AECs Within Ocean Hazard Areas) as provided in Section 35(c) of this act. "(c) Implementation. - Notwithstanding Subparagraph (3) of 15A NCAC 07H.0304 (AECs Within Ocean Hazard Areas), the Commission shall not establish any new and shall repeal any existing inlet hazard area in any location with the following characteristics: "(1) The location is the former location of an inlet, but the inlet has been closed for at least 15 years. "(2) Due to shoreline migration, the location no longer includes the current location of the inlet. "(3) The location includes an inlet providing access to a State Port via a channel maintained by the United States Army Corps of Engineers. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend 15A NCAC 07H.0304 (AECs Within Ocean Hazard Areas) consistent with Section 35(c) of this act. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 35(c) of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(e) Sunset. - Section 35(c) of this act expires on the date that rules adopted pursuant to Section 35(d) of this act become effective. "(f) Nothing in this section is intended to prevent the Commission from (i) studying any current inlet hazard area or any other area considered by the Commission for designation as an inlet hazard area, (ii) designating new inlet hazard areas, or (iii) modifying existing inlet hazard areas consistent with Section 35(c) of this act."