15A N.C. Admin. Code 7H.0508

Current through Register Vol. 38, No. 24, June 17, 2024

Section 07H .0508 - USE STANDARDS

Permits for development in designated fragile coastal natural or cultural resource areas will be approved upon finding that:

(1) The proposed design and location will cause no major or irreversible damage to the stated values of a particular resource. One or more of the following values must be considered depending upon the stated significance of the resource:

(a) Development shall preserve the values of the individual resource as it functions as a critical component of a natural system.

(b) Development shall not adversely affect the values of the resource as a unique scientific, associative, or educational resource.

(c) Development shall be consistent with the aesthetic values of a resource as identified by the local government and citizenry.

(2) No reasonable alternative sites are available outside the designated AEC.

(3) Reasonable mitigation measures have been considered and incorporated into the project plan. These measures shall include consultation with recognized authorities and with the CRC.

(4) The project will be of equal or greater public benefit than those benefits lost or damaged through development.

(5) Use standards will not address farming and forestry activities that are exempted in the definition of development (G.S. 113A-103(5)a.4).

15A N.C. Admin. Code 07H .0508

Authority G.S. 113A-107(a),(b); 113A-113(b)(4e) to (b)(4h); 113A-124;
Eff. September 9, 1977;
Amended Eff. February 1, 1982; June 1, 1979.

Authority G.S. 113A-107(a),(b); 113A-113(b)(4e) to (b)(4h); 113A-124;
Eff. 9/9/1977;
Amended Eff. 2/1/1982; June 1, 1979;
RRC objection September 17, 2022 and rule returned to agency on October 5, 2023;
Codifier determined that agency's findings of need did not meet criteria for emergency rule on December 20, 2023.

Emergency Adoption North Carolina Register Volume 38, Issue 15, February 1, 2024 effective 1/3/2024, exp. 4/1/2024 (Emergency).