GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 173

HOUSE BILL 231

 

AN ACT TO PROVIDE FOR THE ISSUANCE OF SPECIAL EMERGENCY PERMITS UNDER THE COASTAL AREA MANAGEMENT ACT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 113A-118 is amended by adding a new subsection to read:

"(f)      The Secretary of the Department of Natural Resources and Community Development may issue special emergency permits under this Article. These permits may only be issued in those extraordinary situations in which life or structural property is in imminent danger as a result of storms, sudden failure of man- made structures, or similar occurrence. These permits may carry any conditions necessary to protect the public interest, consistent with the emergency situation and the impact of the proposed development. If an application for an emergency permit includes work beyond that necessary to reduce imminent dangers to life or property, the emergency permit shall be limited to that development reasonably necessary to reduce the imminent danger; all further development shall be considered under ordinary permit procedures. This emergency permit authority of the Secretary shall extend to all development in areas of environmental concern, whether major or minor development, and the mandatory notice provisions of G.S. 113A-119(b) shall not apply to these emergency permits. To the extent feasible, these emergency permits shall be coordinated with any emergency permits required under G.S. 113-229(el)."

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 13th day of April, 1983.