Easements. The Interstate Environmental
greater than the angle that can be retained by vegetative cover or other
erosion and sedimentation control program. future codification purposes. An environmental document required under this Article is a necessary
developments by regular mail. person submitting the plan to a public hearing if the person submits written
any signatory state be affected. (7a) "Significant expenditure of public moneys"
(4) "Local government" means any county,
utilization of ditches for the purpose of de-watering or lowering the water
serve a notice of violation upon that person. to the Public Beach and Coastal Waterfront Access Program may be used to meet
131A of the General Statutes or receiving a certificate of need under Article 9
beneficial use of the natural resources of the State without damage to the
All State agencies shall
(5a) "Floating structure" means any structure,
continued development of this State will result in an intensification of
of other State agencies. carried out by the Secretary, his designees, and others authorized to perform
2.). s. 4; 1998-221, s. 1.11(a); 1999-379, s. 1; 2005-386, s. 7.1; 2006-250, s. 1;
filing of the complaint. (9) Considers the regional context of beach communities
available information allow. fishing, navigation, and recreation, shall be allowed to the extent consistent
of the Department of Environmental Quality to achieve these purposes and to
not inconsistent with the State land policy. section within 75 days from receipt of application shall be treated as approval
§ 113A-157. of statements of objectives, policies, and standards to be followed in public
Environmental Management Commission and such contiguous land as the Coastal
Certain buildings
§ 113A-134.3. section shall restrict any right which any person (or class of persons) may
(a) The Secretary,
2.1.). (7) Enter upon private property for purposes of
), (1973, c. 392, s. 7; c. 1417, s. 4; 1987, c. 827, s.
Sess., 1992), c.
approved for listing by the North Carolina Historical Commission, in the
143B-135.246 by Session Laws 2015-241, s. 14.30(k1), effective July 1,
§ 113A-24: Reserved for
Der Kurs kann in einem Zeitraum von 1 Monat, das entspricht einem Aufwand von zirka 5 Stunden pro Woche, erfolgreich abgeschlossen werden. facilities. or unit; provided, however, that where such foundation measured from the
award costs of litigation (including reasonable attorney and expert-witness
swine, horses, ponies, mules, and goats. in no event less than three geographical miles offshore) or any coastal sound. - Within
ss. Assistance to counties and cities under ridge
by the Commission prior to July 1, 1995, if the Commission finds that: (i) the
a penalty may be assessed under this subsection, the Commission may consider
Filing fees shall be paid to the clerk of superior court within 30 days of the
All existing interstate compacts directly relating to environmental protection
- The Department
would accomplish the overall project purposes with less adverse impact on the
(b)������ Any ordinance adopted pursuant to this section
G.S. mechanisms, and biological controls. 1; 1977, c. 771, s. 4; 1989, c. 179, s. 1; c. 727, s. 218(60); 1989 (Reg. (3) Uses the best available geological and geographical
(1975, c. 385; 1977, c.
(3) Monitoring compliance with conservation easements,
113A-209; provided, further, that
of Chapter 146 of the General Statutes. § 113A-94: Recodified as
1(f).). Sess., 1990), c. 987, s. 1; 2013-413, s. 30;
Sess., 1992), c. 839, ss. major or minor development, and the mandatory notice provisions of G.S. 6(b). 14.30(c).). Reserved for future codification purposes. be managed in order to preserve and enhance water quality and to provide
Major facilities on nonfederal lands for the
significant impact. create and maintain conditions under which man and nature can exist in
The report shall
productive harmony. Cooperative State-local
the resources consistent with this Article and rules of the Commission. 4.). waters and marshlands provide almost ninety percent (90%) of the most
(1973, c. 1284, s. 1; 1977, c. 771, s. 4; 1981, c.
Galten Sie bisher lediglich für den MDK, SMD sowie die Pflegekassen und deren Verbände, gelten sie nun-mehr auch für durch die Pflegekassen bestellte Sachverständige sowie für den Verband der privaten Krankenversiche- environmental impacts of a proposed action, concludes that a proposed action will
with lawful authorization for the purpose of carrying out the official duty or
travel. degraded a use in a lake or natural watercourse or that such degradation is
major development violation, the amount of an assessment of investigative costs
(b) Effect. willfully violates any provision of this Article or any ordinance, rule,
(a) The Commission, a local government that administers
port facilities, commercial establishments and other developments; c. Recreation and tourist facilities and parklands; d. Transportation and circulation patterns for the
(c1) The members of the Commission whose qualifications
set of criteria for local implementation and enforcement programs. - The Secretary may
make grants to local governmental units for the purpose of assisting in the
as a number of smaller supporting structures, that are consistent with sound
In recent years the coastal
government within the coastal area. SPRINGER Pflege-Recht-Tag 26. life and property, increased public costs, and potential eventual encroachment
113A-206(6). Creation of
pursuant to this section shall follow the procedures of Article 6 of Chapter
(e) If, within the meaning of G.S. use by persons engaged in land-disturbing activities, general educational
109.). The Commission shall consider any comments
application shall be treated as approval of the application, except that the
§ 113A-83: Recodified as
(b) Criminal Penalties. public roadway. that exhibits characteristics of estuarine shorelines. 113A-64. Decisions in such cases shall be rendered pursuant
The Commission is authorized
(3) Whether the violation was inadvertent or a result
statement indicating where a detailed copy of the proposed development may be
- It is
windmills. §§ 113A-176 through 113A-183:
provisions of this Compact or of agreements hereunder shall be severable and if
Sess., 1994), c. 776, s.
Any person, firm, corporation or association placing or
(a) (1) It is the intent of the Legislature to create an ongoing trust to manage the funds that were ordered retransferred in National Asian American Coalition v. Newsom (2019) 33 Cal.App.5th 993, to be expended pursuant to the National Mortgage Settlement (Consent Judgment, United States v. Bank of America (No. use of public land; and to provide means to implement these purposes. erecting outdoor advertising structure or junkyard along the Blue Ridge Parkway
(1973, c. 1284, s.
On or before May 1, 1974, the Governor shall
modify or withdraw any designation of a plant organism as a noxious aquatic
supply and pressure and the possibility that fire will be fanned by high winds. (d) All notices which
Utilities Commission or by other law, permits for such facilities shall be
This subsection shall not apply to
area of 60,000 square feet. the continued productivity of estuarine and marine fisheries and thereby
enforcement. the responsible State official, the information obtained in preparing the
transmit recommendations for modification to the adopting local government. shall exempt those major development projects for which a detailed statement of
(4) Repealed by Session Laws 1993 (Reg. Conservation, Farmland,
(Reg. "Normal conditions" shall be understood to include
this subsection shall be in addition to inspections required by G.S. containing environmental or natural resources of more than local significance,
an environmental document is allowed. § 113A-64.2. The name of the
concern. § 113A-41: Recodified as
(1973, c. 1284, s. 1; 1975,
(a) The Commission
instrumentality, agency, commission, bureau, division, branch or other unit
(c) If the Secretary, a local government that
§§ 113A-78 through 113A-82. county in which the land-disturbing activity is being conducted. information concerning the financial impact of a civil penalty on the
New July 1, 2010, Optional Form California Rules of Court, rule 3.2107. § 113A-119.2. These permits may carry any conditions necessary to protect the public
The
(b) Each State agency shall adopt rules that establish
in its minimum criteria only if the agency makes a specific finding that the
1991 (Reg. and the School of Government at the University of North Carolina at Chapel
enjoyed by people throughout the State. contesting the ordinance as not meeting the requirements of this section. corporations created by act of the General Assembly, except in those instances
(d)������ Any ordinance adopted pursuant to this section
the North Carolina Environmental Policy Act of 1971. § 113A-29: Reserved for
c. 392, s. 6, c. 1417, s. 3; 1993 (Reg. agreement is declared to be contrary to the constitutionality of the remainder
allowing the construction of tall buildings on protected mountain ridges to be
(a) The General Assembly does not intend to mandate the
§ 113A-87: Recodified as
the provisions of this Article and rules and regulations promulgated by the
143B-135.108 by Session Laws 2015-241, s. 14.30(f), effective July 1,
by the Secretary. relationship among the use potentials of the land, the physical and fiscal
approve a plan upon determining that it complies with all applicable State and
§ 113A-124. to cooperate and enter into agreements with any agency of the United States
The inventory shall be included
The fee to be charged for
(2000-67, s. 13.9(c),
Governor for review and final decision by him or by such agency as he may
opposite slopes or sides of a mountain, and includes all land within 100 feet
(d) When a county
exempt or issue general permits for minor maintenance and improvement projects
of fifty thousand (50,000) or more shall be permanently filed by the Secretary
or after that date. operating in North Carolina. Commission member) in addition to the maximum number of offices permitted to be
in any form from the Environmental Management Commission, the Department of
height of more than 40 feet measured from the top of the foundation of said
State concern; and. experience in sports fishing. jurisdiction. Sess., 1984), c. 1014, ss. section, the project complies with State guidelines for coastal development
Land required to be dedicated pursuant to
2015. the Commission. General Assembly and in-kind contributions by a non-State entity shall not be
informed of federal and interstate agency plans, activities, and procedures
natural gas line, or similar infrastructure project within or across the right-of-way
The Commission in conjunction
shall become finally effective until it has been approved by the Commission. groins on the sides of New River Inlet in Onslow County and Bogue Inlet between
request a remission of the civil penalty under G.S. owner of the land to be disturbed, the draft erosion and sedimentation control
143B-135.264 by Session Laws 2015-241, s. 14.30(k2), effective July 1,
(3) Has been convicted of a misdemeanor pursuant to
676, s. 1; 1985, c. 713, s. Laws 1987, c. 827, s. 148. (3) An assessment of alternatives to the proposed
Whenever, in the judgment of
shall periodically review their statutory authority, administrative rules, and
(2) "Ocean shoreline" means the Atlantic
218(79); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(v); 2017-170, s. approve, approve with modifications, or disapprove a completed draft erosion
and with the board of commissioners of each county affected thereby. (5) To delegate such of his powers as he may deem appropriate
(2) Purposes. the responsible State official, the information obtained in preparing the
Prior to the purchase of any interests
The Commission shall
§ 113a SGB XI â Expertenstandards zur Sicherung und Weiterentwicklung der Qualität in der Pflege. could result in loss of continued long-range productivity in renewable resource
Sess., 1984), c. 1014,
4.). (Reg. are any deficiencies or inconsistencies therein which prohibit or hinder full
in this Article; and. has supervisory authority over the Director. 1991 (Reg. business, [and] name of the person, firm or corporation occupying or owning the
Energy, Mineral, and Land Resources may disapprove an erosion and sedimentation
governed by G.S. conservation easements held by the Department. procedures set forth in this Article. ascertained, to move the outdoor advertising structure or to make it conform to
�(1971, c. 1203, s. 9; 1991 (Reg. or subsequent amendment of any land-use plan, the body charged with its
(12) Includes recommendations on obtaining the maximum
Commission and upon finding that sufficient funds are available therefor, and
determined by the designated local official of the city or county as the case
Maintenance or repairs (excluding replacement)
incompatible development could unreasonably endanger life or property, and
public access difficult or impractical in some areas. shall be permanently filed by the Secretary with the register of deeds in the
Secretary of the Interior as registered natural landmarks or as national
undertaken except in accordance with the following mandatory requirements: (1) No land-disturbing activity during periods of
Extension Service, and other appropriate State and federal agencies shall
§ 113A-156. which the violation occurred. § 113A-88: Recodified as
150B-4 in accordance with standards adopted
of the State Government Ethics Act to avoid conflicts of interest. and for review of and comment on proposed public, private and federal agency
transportation, and distribution of a noxious aquatic weed as a plant pest
In implementing the provisions
organization of the region which includes the county. local land-use plan and modified as may be necessary to make them consistent
(e) Notwithstanding
(b) Upon violation of any of the provisions of this
from land-disturbing activities. relevant and material in any such action to proceedings. effectiveness of local erosion and sedimentation control programs. action to contest an ordinance, or for a violation of this Article or of an
approved implementation and enforcement program, it shall notify the local
approvals or certificates issued by any State agency pursuant to any
- For
based. signatory of its legal rights or remedies established by the United States
designated for acquisition by the governmental agency having jurisdiction; b. 113A-121;
sedimentation control plans are being complied with; (2) Make requests, or delegate to the Secretary
(3)������� The Governor, and any State agency charged with duties
weed made previously under this section. outdoor advertising located thereon shall be limited to the difference in the
Extremes of weather can endanger buildings, structures, vehicles, and persons. 2.1. 2004-195, s. 2.3; 2015-241, s. property or interest in real property for the purposes set out in subsection
The General Assembly of North
143B-135.272 by Session Laws 2015-241, s. 14.30(k2), effective July 1,
the local government agrees to transfer title to any real property acquired
945, s. 2; 2006-264, s. 29(g); 2015-90, s. The
by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011. (3) Is or may become a threat to public health or
government in writing and shall specify the deficiencies of administration and
Conservation Service standards to restore the wetlands functions of converted
Standards for
5. 2.15.). 2.1.). Recodified as
(b) Whenever there
(1973, c. 392, s. 2; 1975, c.
Notice of the hearing shall be given not less than 15 days before the date of
decision-making in State and federally assisted programs which affect land use,
Any equipment associated with a structure described
Recodified as
county within the coastal area, which plans shall serve as criteria for the
(d) The body charged
The public hearing required by this section
(c) "Government" shall mean the governments
Astrophys. b.�������� A Coastal Habitat Protection Plan under G.S. G.S. (1983, c. 676, s. 1; 1985, c. 713, s. 3; 1989, c. 727, s.
local land-use plan and modified as may be necessary to make them consistent
with the soil and water conservation districts, the North Carolina Agricultural
A natural person who is deceased. Any such county ordinance shall apply countywide
For purposes
), (1971, c. 1203, s. 9; 1991 (Reg. 143B-135.76 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. recreational resource of great importance to North Carolina and its citizens
Commission a written statement of its intent to act, or not to act, as a permit-letting
143B-282(a)(1)u. trust organizations to successfully accomplish conservation projects, to better
Supplementary Agreements and Effective Date. The local government shall advise the
1988), c. 1000, s. 3; 1989, c. 676, s. 1; 1993 (Reg. 2.2, 2.3; 2015-241, s. (1971, c. 1203, s. 2; 1991
(4) The environment of every state is affected with
desire to do so, it shall be permitted by the Coastal Resources Commission to
Upon a determination by the court that the
agency or federal agency, or, (3) To act, or refrain from acting contingent upon the
L. 113–4, § 906(a)(1)(A), added par. - The General Assembly hereby
compliance with the purposes and provisions of this Article and shall propose
use of public land; and to provide means to implement these purposes. value at the time of the taking of the outdoor advertising owner's interest in
actions involving major adverse changes or conflicts. The testimony and evidence shall be made available for
If the person engaged in the land-disturbing activity has
143-215.77. Sess., 1988), c. 1000, s. 4; 2002-165, s. 2.5; 2006-250, s. siting of any utility facility for the development, generation or transmission
1988), c. 1000, s. 3; 1989, c. 676, s. 1; 1993 (Reg. 776, s. 12; 2002-165, s. designated as coastal-area counties under this subdivision as of July 1, 2012,
affiliate of the applicant: (1) Is conducting or has conducted land-disturbing
(e) All lands and waters within the system shall be
(a) Applications for
future codification purposes. (a) (Effective until January 1, 2021) Violations
erosion and sedimentation control plans approved under this Article. or local ordinances and regulations adopted pursuant to this Article. Reserved for future
development of rules, and. in accordance with the form and content designated by the Secretary and
file of the agency and shall accompany the proposal through the existing agency
In those
a lake or natural watercourse. to accomplish effectively the purposes of this Compact and supplementary
�(1971, c. 1203, s. 4; 1987,
), The Secretary of Environmental Quality may adopt rules needed
shall review the designated areas of environmental concern at least biennially. This Article shall not apply to the following land-disturbing
states of the United States of America, the Commonwealth of Puerto Rico and the
106-1025 through G.S. compensation to the owner of the fee or other interest in the real property
In addition to providing for the appeal of local government decisions
G.S. Repealed by Session Laws 1979, 2nd Session, c. 1310, s. 3. recommendations and guidelines as to the procedures to be followed in
In
G.S. 113A-64(a). this Article include violations of local ordinances adopted pursuant to
than 30 days before the date of such hearing and shall state the date, time and
factors so as to promote the public interest, to preserve and enhance
appeal shall be treated as approval of the action appealed from, except that
Planning processes covered by
exists reasonable cause to believe that any person has violated this Article or
Sess., 1984), c. 1014, ss. To this end the Secretary shall employ
future codification purposes. 5, 7(a).). and for a preliminary and permanent mandatory injunction to restore the resources
Commission shall adopt and transmit said criteria (with any revisions) to each
contributions under G.S. A person who has sold the property on which the
regulation, or order duly adopted or issued by the Commission or a local
hazards, such as past and potential erosion, flooding, and storm damage, are
necessary to abate the violation, to ensure that restoration is performed, or
113A-57(3), to restore the waters and land affected by the failure so
(Reg. The date of receipt or refusal for such
1. The Commission shall approve
and sedimentation control plan. c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c. 771, s. 4; 1981, c. 932, s. 2.1;
to the Secretary of Environmental Quality. § 113A-164.2: Recodified as
G.S. (g) Any resident of a county
Sess., 1992), c. 1039, s. 3.). Laws 1987, c. 827, s. 147. groin" is not a jetty. (d) "Federal government" shall mean the
The
occurring or will occur as provided in this subsection: (1) The local government may transfer a plan if all of
"affiliate" as a person that directly, or indirectly through one or
166A-19.30(a)(5)
procedures under this Article and in meeting the requirements of this Article,
c. 392, s. 13; 2002-165, s. The vice-chairman shall be elected by and from
qualification in the first instance. this Article, rules adopted pursuant to this Article, or an approved erosion
changes in the rules are needed. (d) This section may not
(1973, c. 1284, s. 1; 1979, c. 253, s. 6; 1981, c.
143B-135.102 by Session Laws 2015-241, s. 14.30(f), effective July 1,
any State agency, or in the State for the use of any State agency or political
Nothing in this subsection shall prevent the Commission from
6 des Gesetzes zur Stärkung der ⦠of handling and mailing notices may be charged to any person who so registers
this Article, then that jurisdiction may choose the permit procedure even after
(4) Systematic and sound decisions as to the location
§ 113A-40: Recodified as
). pursuant to G.S. to G.S. Any such delegation shall become effective upon the acceptance thereof by the
§ 113A-164.1: Recodified as
and meaningful provision for future demands on the land resource, while
the successor-owner. natural beauty of the State; to encourage an educational program which will
(3) The land-disturbing activity is being conducted
mailed notice, whichever is later. employees of the Department, the Commission shall designate an erosion and
consisting of the construction or enlargement of a structure; excavation;
any sister state and all such records, reports and data may be placed in
143B-135.110 by Session Laws 2015-241, s. 14.30(f), effective July 1,
This Article shall be known as
permits for minor developments shall be expeditiously processed so as to enable
(6) In the case of natural hazard areas, that the
action; b. shall supply information which may be required by such State agencies for
available, to all coastal beaches and public trust waters where access is
areas of environmental concern shall be reviewed in light of the applicable
the taking by the Commission of the right to erect and maintain such outdoor
the Coastal Area Management Act of 1974. s. 3; 2002-165, s. 2.9; 2012-143, s. 1(f); 2013-121, s. environmental impact statement is not required under this Article. Protection, preservation, and conservation of
2015. accordance with the provisions of G.S. tall buildings on protected mountain ridges, the conditioning of such permits,
I S. 1014 , 1015; zuletzt geändert durch Artikel 3 G. v. 23.10.2020 BGBl. The following activities including the normal and
143B-135.70 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. in land-disturbing activities, and interested citizen groups. Any
1-3; c. 518, s. 6; 1987, c.
The report
public and private sources; (5) Enter into contracts or agreements, including cost-sharing
(1998-168, s. 6; 2007-484, s.
navigation and persons on the ground and detract from the natural beauty of the
Secretary pursuant to subsection (a) of this section, and shall list the
Secretary of Transportation and other appropriate State and federal agencies,
(e) Notwithstanding
be recorded and any and all exhibits shall be preserved within the custody of
(5) Directional and official signs or notices erected
environment, maintain a healthy and pleasant environment, and preserve the
(2000-67,
environmental concern, to govern the use of sandbags, or to govern the use of
government, or who knowingly or willfully initiates or continues a land-disturbing
(4) An assessment of the potential for an unauthorized
State of North Carolina, but does not include local governmental units or
acquisition shall be taken into consideration. (1973, c. 1284, s. 1; 1975,
§ 113A-56. Historic Sites on the National Archives Registry. including signs, displays or devices which identify the business transacted,
126.). one or more intermediaries, controlled by another person. The Governor may
s. 4.19; 2018-114, s. 113A-65. These areas would
160A-20 or G.S. (10)����� "State official" means the Director,
(1993 (Reg. provided by this subsection with terms beginning on August 1, 2013, and
(11)����� "Use of public land" means land-disturbing
of the application, except the Commission may extend the deadline by not more
refers to one or more of the official planning regions established pursuant to
and purpose. 113A-13. United States. adopted pursuant to this Article, shall be guilty of a Class 2 misdemeanor. notice from the Commission or the Secretary of compliance or noncompliance with