North Carolina General Statutes 113A-120. Grant or denial of permits
(a) The responsible official or body shall deny an application for a permit upon finding:
(1) In the case of coastal wetlands, that the development would contravene an order that has been or could be issued pursuant to N.C. Gen. Stat. § 113-230
Terms Used In North Carolina General Statutes 113A-120
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Development: means any activity in a duly designated area of environmental concern (except as provided in paragraph b of this subdivision) involving, requiring, or consisting of the construction or enlargement of a structure; excavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or minerals; bulkheading, driving of pilings; clearing or alteration of land as an adjunct of construction; alteration or removal of sand dunes; alteration of the shore, bank, or bottom of the Atlantic Ocean or any sound, bay, river, creek, stream, lake, or canal; or placement of a floating structure in an area of environmental concern identified in N. See North Carolina General Statutes 113A-103
- Key facilities: include the site location and the location of major improvement and major access features of key facilities, and mean:
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) In the case of estuarine waters, that a permit for the development would be denied pursuant to N.C. Gen. Stat. § 113-229(e).
(3) In the case of a renewable resource area, that the development will result in loss or significant reduction of continued long-range productivity that would jeopardize one or more of the water, food or fiber requirements of more than local concern identified in subdivisions a through c of N.C. Gen. Stat. § 113A-113(b)(3).
(4) In the case of a fragile or historic area, or other area containing environmental or natural resources of more than local significance, that the development will result in major or irreversible damage to one or more of the historic, cultural, scientific, environmental or scenic values or natural systems identified in subdivisions a through h of N.C. Gen. Stat. § 113A-113(b)(4).
(5) In the case of areas covered by N.C. Gen. Stat. § 113A-113(b)(5), that the development will jeopardize the public rights or interests specified in said subdivision.
(6) In the case of natural hazard areas, that the development would occur in one or more of the areas identified in subdivisions a through e of N.C. Gen. Stat. § 113A-113(b)(6) in such a manner as to unreasonably endanger life or property.
(7) In the case of areas which are or may be impacted by key facilities, that the development is inconsistent with the State guidelines or the local land-use plans, or would contravene any of the provisions of subdivisions (1) to (6) of this subsection.
(8) In any case, that the development is inconsistent with the State guidelines or the local land-use plans.
(9) In any case, that considering engineering requirements and all economic costs there is a practicable alternative that would accomplish the overall project purposes with less adverse impact on the public resources.
(10) In any case, that the proposed development would contribute to cumulative effects that would be inconsistent with the guidelines set forth in subdivisions (1) through (9) of this subsection. Cumulative effects are impacts attributable to the collective effects of a number of projects and include the effects of additional projects similar to the requested permit in areas available for development in the vicinity.
(b) In the absence of such findings, a permit shall be granted. The permit may be conditioned upon the applicant’s amending his proposal to take whatever measures or agreeing to carry out whatever terms of operation or use of the development that are reasonably necessary to protect the public interest with respect to the factors enumerated in subsection (a) of this section.
(b1) In addition to those factors set out in subsection (a) of this section, and notwithstanding the provisions of subsection (b) of this section, the responsible official or body may deny an application for a permit upon finding that an applicant, or any parent or subsidiary corporation if the applicant is a corporation:
(1) Is conducting or has conducted any activity causing significant environmental damage for which a major development permit is required under this Article without having previously obtained such permit or has received a notice of violation with respect to any activity governed by this Article and has not complied with the notice within the time specified in the notice;
(2) Has failed to pay a civil penalty assessed pursuant to this Article, a local ordinance adopted pursuant to this Article, or Article 17 of Chapter 113 of the N.C. Gen. Stat. which is due and for which no appeal is pending;
(3) Has been convicted of a misdemeanor pursuant to N.C. Gen. Stat. § 113A-126, N.C. Gen. Stat. § 113-229(k), or any criminal provision of a local ordinance adopted pursuant to this Article; or
(4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to this Article or with other federal and state laws, regulations, and rules for the protection of the environment.
(b2) For purposes of subsection (b1) of this section, an applicant’s record may be considered for only the two years prior to the application date.
(c) Repealed by Session Laws 1989, c. 676, s. 7. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. 2.1; 1983, c. 518, ss. 4, 5; 1987, c. 827, s. 138; 1989, c. 51; c. 676, s. 7; 1997-337, s. 2; 1997-456, s. 55.2B; 1997-496, s. 2; 2000-172, s. 2.1.)