GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	2 

HOUSE BILL 1561
Second Edition Engrossed 6/19/92

Short Title:  CAMA Clarifications.	(Public)
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Sponsors: Representatives Gottovi, Ethridge; Culp, DeVane, Flaherty, Luebke, Payne, Privette, and Stamey.
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Referred to:  Environment.
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June 3, 1992

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE DEVELOPMENT, DELEGATION, AND INJUNCTIVE RELIEF PROVISIONS OF THE COASTAL AREA MANAGEMENT ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 113A-103(5)a. reads as rewritten:
"a.	'Development' means any activity in a duly designated area of environmental concern (except as provided in paragraph b of this subdivision) involving, requiring, or consisting of the construction or enlargement of a structure; excavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or minerals; bulkheading, driving of pilings; clearing or alteration of land as an adjunct of construction; alteration or removal of sand dunes; alteration of the shore, bank, or bottom of the Atlantic Ocean or any sound, bay, river, creek, stream, lake, or canal; or placement of a floating structure in an area of environmental concern identified in G.S. 113A-113(b)(2) or (b)(5)."
Sec. 2.  G.S. 113A-124(c) reads as rewritten:
"(c)	The Commission shall have the following additional powers and duties under this Article:
(1)	To recommend to the Secretary the acceptance of donations, gifts, grants, contributions and appropriations from any public or private source to use in carrying out the provisions of this Article.
(2)	To recommend to the Secretary of Administration the acquisition by purchase, gift, condemnation, or otherwise, lands or any interest in any lands within the coastal area.
(3)	To hold such public hearings as the Commission deems appropriate.
(4)	To delegate the power to conduct a hearing, on behalf of the Commission, to any member of the Commission or to any qualified employee of the Department.  Any person to whom a delegation of power is made to conduct a hearing shall report his recommendations with the evidence and the record of the hearing to the Commission for decision or action.
(5)	Repealed by Session Laws 1987, c. 827, s. 141.
(6)	To delegate the power to determine whether a contested case hearing is appropriate in accordance with G.S. 113A-121.1(b).
(7)	To delegate the power to grant or deny requests for declaratory rulings under G.S. 150B-4 in accordance with standards adopted by the Commission.
(8)	To adopt rules to implement this Article."
Sec. 3.  G.S. 113A-126 reads as rewritten:
"§ 113A-126. Injunctive relief and penalties.
(a)	Upon violation of any of the provisions of this Article or of any rule or order adopted under the authority of this Article the Secretary may, either before or after the institution of proceedings for the collection of any penalty imposed by this Article for such violation, institute a civil action in the General Court of Justice in the name of the State upon the relation of the Secretary for injunctive relief to restrain the violation and for a preliminary and permanent mandatory injunction to restore the resources consistent with this Article and rules of the Commission.  If the court finds that a violation is threatened or has occurred, the court shall, at a minimum, order the relief necessary to prevent the threatened violation or to abate the violation consistent with this Article and rules of the Commission.  Neither the institution of the action nor any of the proceedings thereon shall relieve any party to such proceedings from any penalty prescribed by this Article for any violation of same.
(b)	Upon violation of any of the provisions of this Article relating to permits for minor developments issued by a local government, or of any rule or order adopted under the authority of this Article relating to such permits, the designated local official may, either before or after the institution of proceedings for the collection of any penalty imposed by this Article for such violation, institute a civil action in the General Court of Justice in the name of the affected local government upon the relation of the designated local official for injunctive relief to restrain the violation and for a preliminary and permanent mandatory injunction to restore the resources consistent with this Article and rules of the Commission.  If the court finds that a violation is threatened or has occurred, the court shall, at a minimum, order the relief necessary to prevent the threatened violation or to abate the violation consistent with this Article and rules of the Commission.  Neither the institution of the action nor any of the proceedings thereon shall relieve any party to such proceedings from any penalty prescribed by this Article for any violation of same.
(c)	Any person who shall be adjudged to have knowingly or willfully violated any provision of this Article, or any rule or order adopted pursuant to this Article, shall be guilty of a misdemeanor, and for each violation shall be liable for a penalty of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) or shall be imprisoned for not more than 60 days, or both. In addition, if any person continues to violate or further violates, any such provision, rule or order after written notice from the Secretary or (in the case of a permit for a minor development issued by a local government) written notice from the designated local official, the court may determine that each day during which the violation continues or is repeated constitutes a separate violation subject to the foregoing penalties.
(d)	(1)	A civil penalty of not more than two hundred fifty dollars ($250.00) for a minor development violation and two thousand five hundred dollars ($2,500) for a major development violation may be assessed by the Commission against any person who:
a.	Is required but fails to apply for or to secure a permit required by G.S. 113A-118, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit.
b.	Fails to file, submit, or make available, as the case may be, any documents, data or reports required by the Commission pursuant to this Article.
c.	Refuses access to the Commission or its duly designated representative, who has sufficiently identified himself by displaying official credentials, to any premises, not including any occupied dwelling house or curtilage, for the purpose of conducting any investigations provided for in this Article.
d.	Violates a rule of the Commission implementing this Article.
(2)	For each willful action or failure to act for which a penalty may be assessed under this subsection, the Commission may consider each day the action or inaction continues after notice is given of the violation as a separate violation; a separate penalty may be assessed for each such separate violation.
(3)	The Commission may assess the penalties provided for in this subsection. The Commission shall notify a person who is assessed a penalty by registered or certified mail. The notice shall state the reasons for the penalty. A person may contest a penalty by filing a petition for a contested case under G.S. 150B-23 within 20 days after receiving the notice of assessment. If a person fails to pay a penalty, the Commission shall refer the matter to the Attorney General for collection.  Such civil actions must be filed within three years of the date the final agency decision was served on the violator.
(4)	In determining the amount of the penalty the Commission shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage."
Sec. 4.  G.S. 113A-103 is amended by adding two new definitions to read:
"(12)	'Boat' means a vessel or watercraft of any type or size specifically designed to be self-propelled, whether by engine, sail, oar, or paddle or other means, which is used to travel from place to place by water.
(13)	'Floating structure' means any structure, not a boat, supported by a means of floatation, designed to be used without a permanent foundation, which is used or intended for human habitation or commerce.  A structure shall be considered a floating structure when it is inhabited or used for commercial purposes for more than thirty days in any one location.  A boat may be considered a floating structure when its means of propulsion has been removed or rendered inoperative."
Sec. 5.  All civil penalties and interest recovered by the Commission, together with the costs thereof, shall be paid into the General Fund of the State treasury, as nontax revenue.
Sec. 6.  This act is effective upon ratification.