15A NCAC 07K .0103. MAINTENANCE AND REPAIR

(a)  Maintenance and repairs are specifically excluded from the definition of development under the conditions and in the circumstances set out in G.S. 113A‑103(5)(b)(5).  Individuals required to take such measures within an AEC shall contact the local CAMA representative for consultation and advice before beginning work.

Property may be considered to be imminently threatened for the purpose of the exclusion for maintenance and repairs when it meets the criteria for an imminently threatened structure as set out in 15A NCAC 7H .0308(a), which provides that a structure will be considered to be imminently threatened by erosion when the foundation, septic system or right of way in the case of roads is less than 20 feet from the erosion scarp. Buildings and roads located more than 20 feet from the erosion scarp or in areas where there is no obvious erosion scarp may also be found to be imminently threatened when site conditions, such as a flat beach profile or accelerated erosion, tend to increase the risk of imminent damage to the structure.

(b)  Beach bulldozing, defined as the process of moving natural beach material from any point seaward of the first line of stable vegetation, for the purpose of preventing damage to imminently threatened structures, by the creation of protective sand dunes shall qualify for an exclusion under G.S. 113A‑103(5)(b)(5) subject to the following limitations:

(1)           The area on which this activity is being performed must maintain a slope of adequate grade so as not to endanger the public or the public's use of the beach and should follow the natural slope as closely as possible.  The movement of material utilizing a bulldozer, front‑end loader, back hoe, scraper or any type of earth moving or construction equipment shall not exceed one foot in depth measured from the preactivity surface elevation;

(2)           The activity must not exceed the lateral bounds of the applicant's property unless he has permission of adjoining landowners;

(3)           Movement of material from seaward of the low water line will not be permitted under this exemption;

(4)           The activity must not significantly increase erosion on neighboring properties and must not have a significant adverse effect on important natural or cultural resources;

(5)           The activity may be undertaken to protect threatened on‑site waste disposal systems as well as the threatened structure's foundations.

(c)  Individuals proposing other such activities must consult with the local permit officer to determine whether the proposed activity qualifies for the exclusion under G.S. 113A‑103(5)(b)(5).

 

History Note:        Authority G.S. 113A‑103(5)(b)(5); 113A‑118(a);

Eff. November 1, 1984;

Amended Eff. March 1, 1985;

RRC Objection Eff. January 18, 1996 due to ambiguity;

Amended Eff. March 1, 1996.