15A NCAC 07H .2205. SPECIFIC CONDITIONS

(a)  Freestanding moorings may be located up to a maximum of 400 feet from the mean high water line, or the normal water line, whichever is applicable.

(b)  Freestanding moorings along federally maintained channels must meet Corps of Engineers guidelines.

(c)  Freestanding moorings in no case shall extend more than 1/3 the width of a natural water body or man-made canal or basin.

(d)  Freestanding mooring buoys and piles shall be evaluated based upon the arc of the swing including the vessel to be moored.  Moorings and the attached vessel shall not interfere with the access to any riparian property, and shall have a minimum setback of 15 feet from the adjacent property lines extended into the water at the points that they intersect the shoreline.  The minimum setbacks provided in the rule may be waived by the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co-applicants.  Should the adjacent property be sold before construction commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating any development of freestanding moorings.  The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge.

(e)  The total number of docking/mooring facilities to be authorized via a CAMA General permit, a Certificate of Exemption or any combination of the two may not exceed four per property.

(f)  Freestanding moorings shall not significantly interfere with shellfish franchises or leases.  Applicants for authorization to construct freestanding moorings shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed installation would extend.

(g)  Freestanding moorings shall not be established in submerged cable/pipe crossing areas or in a manner which interferes with the operation of an access through any bridge.

(h)  Freestanding moorings shall be marked or colored in compliance with U.S. Coast Guard and N.C. Wildlife Resource Commission requirements and the required marking maintained for the life of the mooring(s).

(i)  Freestanding moorings must bear owner's name, vessel State registration numbers or U.S. Customs Documentation numbers.  Required identification must be legible for the life of the mooring(s).

(j)  The type of material used to anchor a proposed mooring buoy(s) must be non-polluting and of sufficient weight and design to safely anchor the buoy and vessel.

(k)  If use of any freestanding mooring authorized by this General permit is discontinued for a period of 12 months or more, it must be removed by the permittee.

(l)  Mooring buoys authorized by this General permit must be a minimum 12" in diameter or otherwise be designed to be easily recognized and not present a hazard to navigation.

(m)  Existing freestanding moorings (i.e. buoys/pilings) may be maintained in place for two years.  However, if the mooring(s) deteriorate or are damaged such that replacement is necessary during the two year period, the mooring(s) then must comply with those guidelines of the Division in place at that time.  In any event, existing moorings must comply with these Rules within two years.

(n)  This permit does not relieve the permit holder of the responsibility to ensure that all other State and Federal permit requiremetns are met prior to implementation of the project.

 

History Note:        Authority G.S. 113A‑107; 113A‑118.1;

Eff. February 1, 1996.