Federal and State Coastal Zone Management Laws Introduction to Coastal Management

Coastal Concerns in the 1960s  Maintain areas for recreation  Protection for estuaries  Ocean development and land use policy

Recreation  Recreation is land intensive  Expansion of public lands is contrary to recreation industry interests  The few National Seashores amount to a fraction of the total US coastal shoreline

Estuary Protection  Desire to conserve, protect and develop national coastal wetlands  Legislation sought to set aside a system of “national estuarine areas”  National Estuary Study  National Estuarine Pollution Study  Advocated federal-state management of US coastal zone

Ocean Development and Land Use Policy  Concern over coastal development arose in the 1960s  Some legislators favored federal shoreline policy with Department of Interior as lead  Some favored Department of Commerce  Federal program of coastal management was abandoned in favor of state control

S 3507 The Coastal Zone Management Act of 1972  Does not compel the states to do anything  Does not have power to handle the immense task of coastal zone management  Leaves responsibility for management to the states  Provides states with Federal grants if their programs are approved

Coastal Zone Management Provisions  Establish areas of critical environmental concern  Coastal states identify their coastal boundaries  States prepare detailed land use plans for development in the coastal zone  Designate a centralized agency in each state to oversee program  Establish permitting process

North Carolina Senate Bill 972 An act relating to management of the coastal area of North Carolina or the Coastal Area Management Act of 1974

Why establish a coastal area management program?  Coastal land and waters are valuable assets for NC  Estuaries in NC are very productive biologically  NC coastal area is high in recreational and aesthetic value BUT….

The coastal area is: :  subject to degradation because of conflicting societal needs for  Industrial development  Population development  Recreational pursuits

CAMA  Established a cooperative program of coastal area management between local and state government  local role is planning  state role is  establish “areas of environmental concern”  set standards and review local government plans

CAMA Goals  To insure that the development or preservation of the land and water resources of the coastal area proceeds in a manner consistent with the capability of the land and water for development, use, or preservation based on ecological considerations

CAMA Goals  To provide a management system capable of preserving and managing the natural ecological conditions of the estuarine system, the barrier dune system, and the beaches, so as to safeguard and perpetuate their natural productivity and their biological, economic and aesthetic values

Major CAMA Elements  Establishes Coastal Resources Commission  Requests Land Use Plans (LUPs) from local governments  Creates “areas of environmental concern”  Specifies a permitting system to regulate policies

CAMA Elements  CAMA establishes two boards:  Coastal Resources Commission (CRC)  15 members  Local governments nominate individuals  Appointments made by the governor  4 year terms  Coastal Resources Advisory Committee (CRAC)  No more than 47 members  Typically experts in coastal issues

Coastal Resources Commission  Composed of individuals with experience in:  Commercial fishing Wildlife or sports fishing  Marine ecologyCoastal agriculture  coastal forestryCoastal land development  coastal engineeringMarine-related business  ConservationFinancing  Local government3 at-large members

CAMA Elements  In North Carolina, the “coastal area” includes:  20 counties  Offshore zone for at least 3 miles  Coastal sounds

CAMA Elements  “Areas of environmental concern” (AECs)  Estuarine system  Ocean hazard system  Public water supplies  Natural and cultural resource areas

Estuarine Systems  Estuarine waters  Coastal wetlands  Public trust waters  Estuarine shorelines

CAMA Estuarine Hazard Zone

Ocean Hazard System  Ocean erodible area  Distance 60 times erosion rate  Major storm erosion distance  High hazard flood area  V-zone on Federal Insurance maps  Inlet hazard area  Estimated zone of inlet migration

CAMA Ocean Hazard Zones

Public Water Supplies  Small surface water supply watersheds  Fresh Pond, Nags Head/Kill Devil Hills  Toomer’s Creek  Public water supply well fields  Hatteras Island wellfield

Natural and Cultural Resource Areas  Nominations accepted for:  Coastal areas that sustain remnant species  Coastal complex natural areas  Unique coastal geologic formations  Jockeys Ridge in Dare County  Significant coastal archaeological resources  Permuda Island in Onslow County  Significant coastal historic architectural resources

CAMA Permit Requirements  Major development permit  Requires authorization from one of several state agencies  Exceeds 20 acres in extent  Contemplates drilling or excavating natural resources  Includes structures that exceed 60,000 sq. ft.  Minor development permit  Not a “major” permit  General permit

CAMA Permitting Process  Applicant files for permit  Public notice of intent is published  Comments are received  Decision granting or denying permit is made  If denied, an individual may see a variance  If this is denied, an individual may seek a quasi-judicial resolution

CAMA General Permits  Estuarine bulkheads  Piers, docks and boat houses  Estuarine boat ramps  Estuarine wooden groins  Channel dredging  Utility line installation

CAMA General Permits (cont)  Emergency dredge and fill  Beach bulldozing  Temporary structures within estuarine and ocean AECs  Minor modifications to existing pier  Construction of marsh enhancement breakwaters