As a result of passage of House Bill 819 and it subsequently becoming law (SL2012-202), the Coastal Resources Commission is required to adopt temporary rules allowing for the replacement of single-family or duplex residential structures that cannot meet the setback criteria of 15A NCAC 7H .0306(a)(2). SL2012-202 specifically targets single-family or duplex residential structures greater than 5,000 square feet, which are currently required to be set back from the first line of stable, natural vegetation 120 feet or 60 times the shoreline erosion rate, whichever is greater. In order to qualify for the exemption, the structure being replaced cannot exceed its original footprint or square footage, must meet a minimum setback of 60 feet or 30 times the erosion rate, whichever is greater, and must be located as far landward on the lot as feasible. The provision would only apply to single-family or duplex residential structures constructed prior to August 11, 2009.
A public hearing for this rule will be held Oct. 17 at 5 p.m., at the NC Division of Coastal Management Office, 400 Commerce Ave., Morehead City, NC. Written comments may be submitted to DCM Director Braxton Davis at Braxton.Davis@ncdenr.gov, or 400 Commerce Ave. Morehead City, NC 28557.