Section 113A-118 - [Effective upon occurrence of contingency - See Note] Permit required(a) After the date designated by the Secretary pursuant to G.S. 113A-125, every person before undertaking any development in any area of environmental concern shall obtain (in addition to any other required State or local permit) a permit pursuant to the provisions of this Part.(b) Under the expedited procedure provided for by G.S. 113A-121, the permit shall be obtained from the appropriate city or county for any minor development; provided, that if the city or county has not developed an approved implementation and enforcement program, the permit shall be obtained from the Secretary.(c) Permits shall be obtained from the Commission or its duly authorized agent.(d) Within the meaning of this Part: (1) A "major development" is any development which requires permission, licensing, approval, certification or authorization in any form from the Environmental Management Commission, the Department of Environmental Quality, the Department of Administration, the North Carolina Oil and Gas Commission, the North Carolina Pesticides Board, the North Carolina Sedimentation Control Board, or any federal agency or authority; or which occupies a land or water area in excess of 20 acres; or which contemplates drilling for or excavating natural resources on land or under water; or which occupies on a single parcel a structure or structures in excess of a ground area of 60,000 square feet.(2) A "minor development" is any development other than a "major development."(e) If, within the meaning of G.S. 113A-103(5)b3, the siting of any utility facility for the development, generation or transmission of energy is subject to regulation under this Article rather than by the State Utilities Commission or by other law, permits for such facilities shall be obtained from the Coastal Resources Commission rather than from the appropriate city or county.(f) The Secretary may issue special emergency permits under this Article. These permits may only be issued in those extraordinary situations in which life or structural property is in imminent danger as a result of storms, sudden failure of man-made structures, or similar occurrence. These permits may carry any conditions necessary to protect the public interest, consistent with the emergency situation and the impact of the proposed development. If an application for an emergency permit includes work beyond that necessary to reduce imminent dangers to life or property, the emergency permit shall be limited to that development reasonably necessary to reduce the imminent danger; all further development shall be considered under ordinary permit procedures. This emergency permit authority of the Secretary shall extend to all development in areas of environmental concern, whether major or minor development, and the mandatory notice provisions of G.S. 113A-119(b) shall not apply to these emergency permits. To the extent feasible, these emergency permits shall be coordinated with any emergency permits required under G.S. 113-229(e1). The fees associated with any permit issued pursuant to this subsection or rules adopted pursuant to this subsection shall be waived. (g) For fixed docks, floating docks, fixed piers, floating piers, or walkways damaged or destroyed by natural elements, fire, or normal deterioration, activity to rebuild the dock, pier, or walkway to its pre-damage condition shall be considered repair of the structure, and shall not require a permit under this Article or rules adopted thereunder, without regard to the percentage of framing and structural components required to be rebuilt. At the time a dock, pier, or walkway damaged or destroyed by natural elements, fire, or normal deterioration is repaired, the width and length of the dock, pier, or walkway structure may be enlarged by not more than 5 feet or five percent (5%), whichever is less, and the structure may be heightened, without need for a permit. The owner shall, however, be required to comply with all other applicable State and federal laws. The provisions of this subsection shall not apply to docks and piers (i) greater than 6 feet in width, (ii) greater than 800 square feet of platform area, or (iii) that are adjacent to a federal navigation channel. The Department shall make maps and other information available on its website to assist landowners in identifying whether their property is adjacent to a federal navigation channel. N.C. Gen. Stat. § 113A-118
Amended by 2024 N.C. Sess. Laws 53,s. 4C.11.(b), eff. on the later of the following dates and applies to applications for permits pending or filed on or after that date: (1) January 1, 2025. (2) The first day of the month following the date the Secretary of the Department of Environmental Quality certifies to the Revisor of Statutes that the National Oceanic and Atmospheric Administration has approved the change made to G.S. 113A-118, as enacted by subsection (b) of this section, as required by subsection (c) of this section. The Secretary shall provide this notice along with the effective date of this act on its website..Amended by 2015 N.C. Sess. Laws 241, s. 14.30-u, eff. 7/1/2015.Amended by 2014 N.C. Sess. Laws 4, s. 4-c, eff. 8/1/2015.Amended by 2007 N.C. Sess. Laws 485, s. 5, eff. 8/30/2007.( 1973 , c. 476, s. 128; c. 1282, ss. 23, 33; c. 1284, s. 1; 1975 , c. 452, s. 5; 1977 , c. 771, s. 4; 1979 , c. 253, s. 5; 1981 , c. 932, s. 2.1; 1983 , c. 173; c. 518, s. 3; 1987 , c. 827, s. 136; 1989 , c. 727, s. 131; 1997-443, s. 11A.119(a)..This section is set out more than once due to postponed, multiple, or conflicting amendments.