GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-337
The General Assembly of North Carolina enacts:
Section 1. Article 7 of Chapter 113A of the General Statutes is amended by adding a new section to read:
"§ 113A-120.2. Permits for urban waterfront redevelopment in historically urban areas.
(a) Notwithstanding any other provision of law, any person may apply to the Commission for a permit for major development granting permission to use the person's land for a nonwater dependent use that is otherwise prohibited by rules, standards, or limitations prescribed by the Commission, or orders issued by the Commission, pursuant to this Article. The procedure to apply for the permit shall be as provided by G.S. 113A-119.
(b) Notwithstanding G.S. 113A-120(a), the Commission shall grant a permit for nonwater dependent development in public trust areas designated pursuant to G.S. 113A-113(b)(5) if the following criteria are met:
(1) The land is waterfront property located in a municipality.
(2) The land has a history of urban-level development as evidenced by any of the following:
a. The land is a historic place that is listed, or has been approved for listing by the North Carolina Historical Commission, in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966.
b. The land is a historical, archaeological, and other site owned, managed, or assisted by the State of North Carolina pursuant to Chapter 121 of the General Statutes.
c. The land has a central business district zoning classification, or any other classification that may be designated as acceptable by the Commission.
(3) The proposed development is sponsored in part or in whole by the local jurisdiction in which the development would be located for the purpose of significantly increasing public access consistent with the Coastal Area Management guidelines.
(4) The municipality in which the activity would occur has determined that the development will not have a significant adverse impact on the environment.
(5) The development as requested is consistent with a local urban waterfront development plan, local development regulations, public access plans, and other applicable local authority.
(c) Except as otherwise provided by this section, all other provisions of this Article apply to a permit applied for under this section, including the provisions of G.S. 113A-120(b1) and (b2)."
Section 2. G.S. 113A-120(b1) reads as rewritten:
"(b1) In addition to those factors set
out in subsection (a) of this section, and notwithstanding the provisions of
subsection (b) of this section, section or of G.S. 113A-120.2, the
responsible official or body may deny an application for a permit upon finding
that an applicant, or any parent or subsidiary corporation if the applicant is
a corporation:
(1) Is conducting or has conducted any activity causing significant environmental damage for which a major development permit is required under this Article without having previously obtained such permit or has received a notice of violation with respect to any activity governed by this Article and has not complied with the notice within the time specified in the notice;
(2) Has failed to pay a civil penalty assessed pursuant to this Article, a local ordinance adopted pursuant to this Article, or Article 17 of Chapter 113 of the General Statutes which is due and for which no appeal is pending;
(3) Has been convicted of a misdemeanor pursuant to G.S. 113A-126, G.S. 113-229(k), or any criminal provision of a local ordinance adopted pursuant to this Article; or
(4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to this Article or with other federal and State laws, regulations, and rules for the protection of the environment."
Section 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 16th day of July, 1997.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 11:15 a.m. this 25th day of July, 1997