North Carolina General Statutes 113A-125. Transitional provisions
Terms Used In North Carolina General Statutes 113A-125
- Coastal area: means the counties that (in whole or in part) are adjacent to, adjoining, intersected by or bounded by the Atlantic Ocean (extending offshore to the limits of State jurisdiction, as may be identified by rule of the Commission for purposes of this Article, but in no event less than three geographical miles offshore) or any coastal sound. See North Carolina General Statutes 113A-103
- Commission: means the Coastal Resources Commission created by N. See North Carolina General Statutes 113A-103
- Department: means the Department of Environmental Quality. See North Carolina General Statutes 113A-103
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Secretary: means the Secretary of Environmental Quality, except where otherwise specified in this Article. See North Carolina General Statutes 113A-103
- 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
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(a) Existing regulatory permits shall continue to be administered within the coastal area by the agencies presently responsible for their administration until a date (not later than 44 months after July 1, 1974), to be designated by the Secretary of Natural and Economic Resources as the permit changeover date. Said designation shall be effective from and after its filing with the Secretary of State.
(b) From and after the “permit changeover date,” all existing regulatory permits within the coastal area shall be administered in coordination and consultation with (but not subject to the veto of) the Commission. No such existing permit within the coastal area shall be issued, modified, renewed or terminated except after consultation with the Commission. The provisions of this subsection concerning consultation and coordination shall not be interpreted to authorize or require the extension of any deadline established by this Article or any other law for completion of any permit, licensing, certification or other regulatory proceedings.
(c) Within the meaning of this section, “existing regulatory permits” include dredge and fill permits issued pursuant to N.C. Gen. Stat. § 113-229; sand dune permits issued pursuant to N.C. Gen. Stat. § 104B-4; air pollution control and water pollution control permits, special orders or certificates issued pursuant to N.C. Gen. Stat. § 143-215.1 and 143-215.2, or any other permits, licenses, authorizations, approvals or certificates issued by the Board of Water and Air Resources pursuant to Chapter 143; capacity use area permits issued pursuant to N.C. Gen. Stat. § 143-215.15; final approval of dams pursuant to N.C. Gen. Stat. § 143-215.30; floodway permits issued pursuant to N.C. Gen. Stat. § 143-215.54; water diversion authorizations issued pursuant to N.C. Gen. Stat. § 143-354(c); oil refinery permits issued pursuant to N.C. Gen. Stat. § 143-215.99; mining operating permits issued pursuant to N.C. Gen. Stat. § 74-51; permissions for construction of wells issued pursuant to N.C. Gen. Stat. § 87-88; and rules concerning pesticide application within the coastal area issued pursuant to N.C. Gen. Stat. § 143-458; approvals by the Department of Health and Human Services of plans for water supply, drainage or sewerage, pursuant to N.C. Gen. Stat. § 130-161.1 and 130-161.2; standards and approvals for solid waste disposal sites and facilities, adopted by the Department of Health and Human Services pursuant to Chapter 130, Article 13B; permits relating to sanitation of shellfish, crustacea or scallops issued pursuant to Chapter 130, Articles 14A or 14B; permits, approvals, authorizations and rules issued by the Department of Health and Human Services pursuant to Articles 23 or 24 of Chapter 130 with reference to mosquito control programs or districts; any permits, licenses, authorizations, rules, approvals or certificates issued by the Department of Health and Human Services relating to septic tanks or water wells; oil or gas well rules and orders issued for the protection of environmental values or resources pursuant to N.C. Gen. Stat. § 113-391; a certificate of public convenience and necessity issued by the State Utilities Commission pursuant to Chapter 62 for any public utility plant or system, other than a carrier of persons or property; permits, licenses, leases, options, authorization or approvals relating to the use of State forestlands, State parks or other state-owned land issued by the State Department of Administration, the State Department of Natural and Economic Resources or any other State department, agency or institution; any approvals of erosion and sedimentation control plans that may be issued by the North Carolina Sedimentation Control Commission pursuant to N.C. Gen. Stat. § 113A-60 or 113A-61; and any permits, licenses, authorizations, rules, approvals or certificates issued by any State agency pursuant to any environmental protection legislation not specified in this subsection that may be enacted prior to the permit changeover date.
(d) The Commission shall conduct continuing studies addressed to developing a better coordinated and more unified system of environmental and land-use permits in the coastal area, and shall report its recommendations thereon from time to time to the General Assembly. (1973, c. 1284, s. 1; 1975, c. 452, ss. 4, 5; 1979, c. 299; 1981, c. 932, s. 2.1; 1987, c. 827, ss. 125, 142; 1997-443, s. 11A.122; 2002-165, s. 2.16.)