North Carolina § 113A-124 - Additional powers and duties.

§ 113A-124. Additional powers and duties.

The Secretary shall have the following additional powers and duties under this Article: To conduct or cause to be conducted, investigations of proposed developments in areas of environmental concern in order to obtain sufficient evidence to enable a balanced judgment to be rendered concerning the issuance of permits to build such developments. To cooperate with the Secretary of the Department of Administration in drafting State guidelines for the coastal area. To keep a list of interested persons who wish to be notified of proposed developments and proposed rules designating areas of environmental concern and to so notify these persons of such proposed developments by regular mail. A reasonable registration fee to defray the cost of handling and mailing notices may be charged to any person who so registers with the Commission. To propose rules to implement this Article for consideration by the Commission. To delegate such of his powers as he may deem appropriate to one or more qualified employees of the Department or to any local government, provided that the provisions of any such delegation of power shall be set forth in departmental rules. To delegate the power to conduct a hearing, on his behalf, to any member of the Commission or to any qualified employee of the Department. Any person to whom a delegation of power is made to conduct a hearing shall report his recommendations with the record of the hearing to the Secretary for decision or action. In order to carry out the provisions of this Article the Secretaries of Administration and of Environmental Quality may employ such clerical, technical and professional personnel, and consultants with such qualifications as the Commission may prescribe, in accordance with the State personnel rules and budgetary laws, and are hereby authorized to pay such personnel from any funds made available to them through grants, appropriations, or any other sources. In addition, the said secretaries may contract with any local governmental unit or lead regional organization to carry out the planning provisions of this Article. The Commission shall have the following additional powers and duties under this Article: To recommend to the Secretary the acceptance of donations, gifts, grants, contributions and appropriations from any public or private source to use in carrying out the provisions of this Article. To recommend to the Secretary of Administration the acquisition by purchase, gift, condemnation, or otherwise, lands or any interest in any lands within the coastal area. To hold such public hearings as the Commission deems appropriate. To delegate the power to conduct a hearing, on behalf of the Commission, to any member of the Commission or to any qualified employee of the Department. Any person to whom a delegation of power is made to conduct a hearing shall report his recommendations with the evidence and the record of the hearing to the Commission for decision or action. Repealed by Session Laws 1987, c. 827, s. 141. To delegate the power to determine whether a contested case hearing is appropriate in accordance with G.S. 113A-121.1(b). To delegate the power to grant or deny requests for declaratory rulings under G.S. 150B-4 in accordance with standards adopted by the Commission. To adopt rules to implement this Article. To delegate the power to approve land-use plans in accordance with G.S. 113A-110(f) to any qualified employee of the Department. The Attorney General shall act as attorney for the Commission and shall initiate actions in the name of, and at the request of, the Commission, and shall represent the Commission in the hearing of any appeal from or other review of any order of the Commission. History (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c. 771, s. 4; 1981, c. 932, s. 2.1; 1987, c. 827, ss. 125, 141; 1989, c. 727, s. 135; 1991 (Reg. Sess., 1992), c. 839, s. 2; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(v); 2017-209, s. 5(a).) Direct the Coastal Resources Commission to Amend the Sediment Criteria Rule to Exempt Sediment from Cape Shoal Systems. - Session Laws 2017-10, s. 3.15(a)-(e), provides: "(a) Definitions. - "Sediment Criteria Rule" means 15A NCAC 07H.0312 (Technical Standards for Beach Fill Projects) for purposes of this section and its implementation. "(b) Sediment Criteria Rule. - Until the effective date of the revised permanent rule that the Coastal Resources Commission is required to adopt pursuant to subsection (d) of this section, the Commission and the Department of Environmental Quality shall implement the Sediment Criteria Rule, as provided in subsection (c) of this section. "(c) Implementation. - The Commission shall exempt from the permitting requirements of the Sediment Criteria Rule any sediment in the cape shoal systems used as a borrow site and any portion of an oceanfront beach that receives sediment from the cape shoal systems. For purposes of this section, 'cape shoal systems' includes the Frying Pan Shoals at Cape Fear, Lookout Shoals at Cape Lookout, and Diamond Shoals at Cape Hatteras. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend the Sediment Criteria Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission, pursuant to this section, shall be substantively identical to the provisions of subsection (c) of this section. 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. - This section expires when permanent rules adopted as required by subsection (d) of this section become effective." 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." Effect of Amendments. - Session Laws 2015-241, s. 14.30(v), effective July 1, 2015, substituted "Secretaries of Administration and of Environmental Quality" for "the secretaries of Administration and of Environment and Natural Resources"; and substituted "Environmental Quality" for "Environment and Natural Resources" in subdivision (e)(6). Session Laws 2017-209, s. 5(a), effective October 4, 2017, added subdivision (c)(9).