Periodic Review of Existing Rules

N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. An initial review will be completed during the next five years, and thereafter rules will be reviewed on a 10-year review cycle. The Division of Coastal Management's rules are located in Title 15A, Subchapter 7 of the NC Administrative Code. The division's rules will be reviewed on a schedule established by the Rules Review Commission. As rules become available for public comment, they will be available for review on the DEQ website

The division is required to evaluate each of the existing rules and make an initial determination from one of these three classifications:

  • Necessary with substantive public interest – the agency has received public comment on the rule within the past two years or the rule affects the property interest of the regulated public, and the agency knows or suspects that any person may object to the rule.
  • Necessary without substantive public interest – the agency determines that the rule is needed, and the rule has not had public comment in the last two years. This category includes rules that identify information that is readily available to the public, such as an address or telephone number.
  • Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise not needed.

Public comments on these initial classifications will be accepted for a 60-day period and shall be submitted to Braxton Davis, Director Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557. “Public comment” is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule.  Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a).