15A N.C. Admin. Code 7H.1204
Current through Register Vol. 39, No. 8, October 15, 2024
Section 07H .1204 - GENERAL CONDITIONS(a) Piers and docking facilities authorized by the general permit set forth in this Section shall be for the exclusive use of the land owner or occupant and shall not be leased, rented, or used for any commercial purpose. Piers and docking facilities shall provide docking space for no more than two boats. Docking facilities providing docking space for more than two boats shall be reviewed through the major permitting process due to their greater potential for adverse impacts and, therefore, are not authorized by this general permit, excluding the exceptions described in Rule .1205 of this Section.(b) Individuals shall allow representatives of the Department of Environmental Quality to make inspections at any time in order to ensure that the activity being performed under the authority of the general permit set forth in this Section is in accordance with the terms and conditions prescribed herein.(c) There shall be no interference with navigation or use of the waters by the public through the existence of piers and docking facilities.(d) The permit set forth in this Section shall not be applicable to proposed construction where the Department determines that the proposed activity will endanger adjoining properties or significantly affect historic, cultural, scenic, conservation or recreation values, identified in G.S. 113A-102 and G.S. 113A-113(b)(4).(e) The permit set forth in this Section does not eliminate the need to obtain any other required State, local, or federal authorization.(f) Development carried out under the permit set forth in this Section shall be consistent with all State, federal, local requirements, and local land use plans current at the time of authorization.15A N.C. Admin. Code 07H .1204
Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. May 1, 1990;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. August 1, 2014; July 1, 2009; August 1, 1998; July 1, 1994;
Readopted Eff. December 1, 2021.Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. 3/1/1984;
Amended Eff. 5/1/1990;
RRC Objection due to ambiguity Eff. 5/19/1994;
Amended Eff. 7/1/2009; August 1, 1998; July 1, 1994.Amended by North Carolina Register Volume 29, Issue 05 September 2, 2014 effective 8/1/2014.Readopted by North Carolina Register Volume 36, Issue 13, January 3, 2022 effective 12/1/2021.