North Carolina § 113A-134 - 12. Multiyear beach management and restoration strategy and plan.

§ 113A-134. 12. Multiyear beach management and restoration strategy and plan.

The Department of Environmental Quality shall develop a multiyear beach management and restoration strategy and plan that does all of the following: Utilizes the data and expertise available in the Divisions of Water Resources, Coastal Management, and Energy, Mineral, and Land Resources. Identifies the erosion rate at each beach community and estimates the degree of vulnerability to storm and hurricane damage. Uses the best available geological and geographical information to determine the need for and probable effectiveness of beach nourishment. Provides for coordination with the U.S. Army Corps of Engineers, the North Carolina Department of Transportation, the North Carolina Division of Emergency Management, and other State and federal agencies concerned with beach management issues. Provides a status report on all U.S. Army Corps of Engineers' beach protection projects in the planning, construction, or operational stages. Makes maximum feasible use of suitable sand dredged from navigation channels for beach nourishment to avoid the loss of this resource and to reduce equipment mobilization costs. Promotes inlet sand bypassing where needed to replicate the natural flow of sand interrupted by inlets. Provides for geological and environmental assessments to locate suitable materials for beach nourishment. Considers the regional context of beach communities to determine the most cost-effective approach to beach nourishment. Provides for and requires adequate public beach access, including access for individuals with a disability. Recommends priorities for State funding for beach nourishment projects, based on the amount of erosion occurring, the potential damage to property and to the economy, the benefits for recreation and tourism, the adequacy of public access, the availability of local government matching funds, the status of project planning, the adequacy of project engineering, the cost-effectiveness of the project, and the environmental impacts. Includes recommendations on obtaining the maximum available federal financial assistance for beach nourishment. Is subject to a public hearing to receive citizen input. Each plan shall be as complete as resources and available information allow. History (2000-67, s. 13.9(c), (d); 2012-143, s. 1(f); 2015-241, s. 14.30(u); 2017-10, s. 4.9; 2018-142, s. 15.) Editor's Note. - Session Laws 2000-67, ss. 13.9(c) and (d), were codified as G.S. 113A-134.12 at the direction of the Revisor of Statutes. Session Laws 2012-143, s. 1(f), provides: "The Revisor of Statutes shall make the conforming statutory changes necessary to reflect the renaming of the Division of Land Resources as the Division of Energy, Mineral, and Land Resources as provided in subsection (e) of this section. The Codifier of Rules shall make the conforming rule changes necessary to reflect the renaming of the Division of Land Resources as the Division of Energy, Mineral, and Land Resources as provided in subsection (e) of this section." Session Laws 2017-10, s. 5.1, is a severability clause. The amendment by Session Laws 2017-10, s. 4.9, failed to take into account the amendment by Session Laws 2015-241, s. 14.30(u), which changed the name of the department. The words "Environmental Quality" have been set out in subsection (b) at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2012-143, s. 1(f), effective August 1, 2012, substituted "Divisions of Water Resources, Coastal Management, and Energy, Mineral, and Land Resources" for "Divisions of Water Resources, Coastal Management, and Land Resources" in subdivision (a)(1). Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" twice in the section. Session Laws 2017-10, s. 4.9, effective May 4, 2017, deleted the former last two sentences of subsection (b), which read: "The Department of Environmental Quality shall revise the plan every two years and shall submit the revised plan to the General Assembly no later than March 1 of each odd-numbered year. The Department may issue a supplement to the plan in even-numbered years if significant new information becomes available." Session Laws 2018-142, s. 15, effective December 15, 2018, in subdivision (a)(10), substituted "access for individuals with a disability" for "handicapped access" following "beach access, including"; and in subsection (b), deleted "Environmental Quality" following "information allow."