15A NCAC 07B .0802. PRESENTATION TO COASTAL RESOURCES COMMISSION FOR CERTIFICATION

(a)  Re-Certification:  If the CRC adopts new CAMA Land Use Plan rules, plans shall be updated within six years of the effective date of the new rules.  If a scoping process is held, a summary shall be provided to the CRC along with the request for re-certification of the existing CAMA Land Use Plan. 

(b)  Committee Designated by CRC to Review Local Land Use Plans:

(1)           The appropriate DCM District Planner shall submit a written report to the committee designated by the CRC as to the type of plan being presented, highlight any unique characteristics of the plan, identify any land use conflicts with adjacent planning jurisdictions or other state/federal agencies, identify any inaccuracy or inconsistency of items in the plan, and recommend certification, conditional certification, or non-certification.

(2)           The local government shall submit its draft Land Use Plan to the committee designated by the CRC.

(3)           The public shall have an opportunity to submit written objections, comments, or statements of support prior to action by the committee designated by the CRC.  Written objections shall be received by DCM no less than 15 business days prior to the next scheduled CAMA Land Use Plan review meeting and shall be limited to the criteria for CRC certification as defined in Subparagraph (c)(3) of this Rule. Written objections shall identify the specific plan elements that are opposed.  A copy of any objections shall be sent by the DCM to the local government submitting the CAMA Land Use Plan.

(4)           The local government may withdraw the submitted CAMA Land Use Plan from CRC consideration at any time before review.

(c)  CRC Certification:

(1)           The CRC shall certify the CAMA Land Use Plan following the procedures and conditions specified in this Rule.

(2)           Provided the locally adopted land use plan has been received by the Executive Secretary no earlier than 45 days and no later than 30 days prior to the next CRC meeting, the CRC shall certify, conditionally certify or not certify the plan at that meeting or mutually agreed upon date.  If the CRC fails to take action as specified above the plan shall be certified.

(3)           The CRC shall certify plans which:

(A)          are consistent with the current federally approved North Carolina Coastal Management Program;

(B)          are consistent with the Rules of the CRC;

(C)          do not violate state or federal law;

(D)          contain policies that address each Management Topic.  If a local government cannot meet any CAMA Land Use Plan requirement contained within Paragraphs (d) and (e) of 15A NCAC 07B .0702 the plan shall include a description of the analysis that was undertaken, explain the reason(s) the requirement could not be met, and the local government's alternative plan of action to address the CAMA Land Use Plan requirements.  If such description(s) are not included in the plan, it shall not be certified; and

(E)           contain a local resolution of adoption that includes findings which demonstrate that policy statements and the Future Land Use Plan Map (FLUP) have been evaluated, and determine that no internal inconsistencies exist.

(d)  Non- Certification:  If the plan is not certified the CRC shall within 30 days inform the local government as to how the plan might be changed so certification can be granted.  Until the plan is certified, the pre-existing certified CAMA Land Use Plan shall remain in effect.

(e)  Conditional Certification:  If the plan is conditionally certified, the CRC shall within 30 days provide the local government with condition(s) that shall be met for certification.  Until the condition(s) is met on a conditionally certified plan, the pre-existing certified CAMA Land Use Plan shall remain in effect.  When the local government complies with all conditions for a conditionally certified plan, as determined by the Executive Secretary of the CRC, plan certification is automatic with no further action needed by the CRC. 

 

History Note:        Authority G.S. 113A-107(a); 113A-110; 113-111; 113A-124;

Eff. August 1, 2002;

Amended Eff. April 1, 2008; September 1, 2006.