Session Law 2024-45 Section 16 directs the Coastal Resources Commission (CRC) to adopt rules to authorize the establishment of a measurement line for local governments undertaking dune building and beach planting projects, provided they have received a permit to construct a terminal groin pursuant to G.S. 113A-115.1. The measurement line, as that term is defined under 15A NCAC 07H .0305(9), would represent the existing location of the first line of stable and natural vegetation that is covered by the dune building and beach planting project. SL 2024-45 requires that the measurement line be established in coordination with the DCM through on-ground observation and survey or aerial imagery for all areas of oceanfront that undergo the dune building and beach planting project. The measurement line would be applicable for a period of no less than two years from the completion of the dune building and beach planting project. Under SL 2024-45 the rules adopted pursuant to this rulemaking authority are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes and shall become effective as though 10 or more written objections had been received as provided in G.S. 150B-21.3(b2).
While SL 2024-45 does not explicitly distinguish between temporary and permanent rulemaking authority, the Town of Ocean Isle Beach in Brunswick County has received a permit to construct a terminal groin pursuant to G.S. 113A-115.1 and is undertaking a dune building and beach planting project this winter in conjunction with a scheduled navigational dredging project with the U.S. Corps of Engineers, and with grant funding from DEQ.
Permanent rulemaking cannot be completed in time for the Town of Ocean Isle Beach to have this statutory relief available to them prior to undertaking their project; therefore, the CRC voted on August 28, 2024 to adopt both temporary and permanent rules so that the temporary rules can be in place in time for the town’s project.
Public Hearing
Date: September 25, 2024
Time: 11:00 a.m.
Location: NC Division of Coastal Management, 400 Commerce Ave., Morehead City, NC 28557
Comment Period Starts: September 11, 2024
Comment Period Ends: October 2, 2024
Notice and text can be found on NC Office of Administrative Hearing’s website: https://www.oah.nc.gov/rules-division/rules-division-official-notices-and-postings and on the NC Division of Coastal Management’s website: https://www.deq.nc.gov/accessdeq/rules-regulations/deq-proposed-rules/proposed-rules
Comments may also be mailed to: NC Division of Coastal Management, 400 Commerce Avenue Morehead City, NC 28557 or submit via email to DCMcomments@deq.nc.gov. Please put “Measurement Line” as the subject.