15A N.C. Admin. Code 7J.0404
Current through Register Vol. 39, No. 9, November 1, 2024
Section 07J .0404 - DEVELOPMENT PERIOD EXTENSION(a) For CAMA minor permits authorizing beach bulldozing, the permit holder is entitled to request a one-time 30-day permit extension. No additional extensions shall be granted after the 30-day extension has expired. Notwithstanding this Paragraph, the permit holder is eligible to apply for another minor permit authorizing beach bulldozing following expiration of the 30-day permit extension.(b) All other CAMA permits may be extended where substantial development, either within or outside the AEC, has begun or is continuing. The permitting authority shall grant as many two-year extensions as necessary to complete the initial development, with the exception that multi-phased beach nourishment projects may be granted ten-year extensions to allow for continuing project implementation. Renewals for maintenance of previously approved dredging projects may be granted for periods not to exceed five years, For the purpose of this Rule, substantial development shall be deemed to have occurred on a project if the permit holder can show that development has progressed beyond basic site preparation, such as land clearing and grading, and construction has begun and is continuing on the primary structure or structures authorized under the permit. For elevated structures in Ocean Hazard Areas, substantial development begins with the placement of foundation pilings, and proof of the local building inspector's certification that the installed pilings have passed a floor and foundation inspection. For residential subdivisions, installation of subdivision roads consistent with an approved subdivision plat shall constitute substantial development.(c) To request an extension pursuant to Paragraphs (a) and (b) of this Rule, the permit holder shall submit a signed and dated request containing the following: (1) a statement of the completed and remaining work;(2) a statement that there has been no change of plans since the issuance of the original permit other than changes that would have the effect of reducing the scope of the project, or previously approved permit modifications;(3) notice of any change in ownership of the property to be developed and a request for transfer of the permit; and(4) a statement that the project is in compliance with all conditions of the current permit.(d) For extension requests where substantial development has not occurred in accordance with Paragraph (b) of this Rule, the Division of Coastal Management may circulate the request to the commenting State resource agencies along with a copy of the original permit application. Commenting State resource agencies will be given 30 days in which to comment on the extension request. Upon the expiration of the commenting period the Division of Coastal Management will notify the permit holder of its actions on the extension request.(e) Notwithstanding Paragraphs (b) and (d) of this Rule, an extension request may be denied on making findings as required in either G.S. 113A-120 or G.S. 113-229(e). Changes in circumstances or in development standards shall be considered and applied by the Division of Coastal Management in making a decision on an extension request.(f) The applicant for a major development extension request shall submit, with the request, a check or money order payable to the Department in the sum of one hundred dollars ($100.00).15A N.C. Admin. Code 07J .0404
Authority G.S. 113A-119; 113A-119.1; 113A-120; 113A-124(c)(8); 113-229(e);
Eff. March 15, 1978;
Amended Eff. August 1, 2002; August 1, 2000; April 1, 1995; March 1, 1991; March 1, 1985; November 1, 1984;
Readopted Eff. August 1, 2021;
Amended Eff. August 1, 2022.Authority G.S. 113A-119; 113A-119.1; 113A-124(c)(8);
Eff. 3/15/1978;
Amended Eff. 8/1/2002; August 1, 2000; April 1, 1995; March 1, 1991; March 1, 1985; November 1, 1984.Readopted by North Carolina Register Volume 36, Issue 05, September 1, 2021 effective 8/1/2021.Amended by North Carolina Register Volume 37, Issue 05, September 1, 2022 effective 8/1/2022.