A BILL TO BE ENTITLED
AN ACT to authorize the coastal resources commission to adopt temporary and permanent rules to establish a general Permit for the construction of riprap sills for wetland enhancement and shoreline protection in estuarine and public trust waters.
The General Assembly of North Carolina enacts:
SECTION 1.  Pursuant to G.S. 113A‑118.1, the Coastal Resources Commission may adopt temporary and permanent rules to establish a general permit to allow the construction of offshore parallel sills made of stone or other suitable riprap materials for shoreline protection in conjunction with existing, created, or restored wetlands. The permit shall be applicable only where a shoreline is experiencing erosion in public trust areas and estuarine waters. The permit shall not apply to oceanfront shorelines or to waters and shorelines adjacent to the ocean hazard areas of environmental concern except that the permit may apply to those shorelines that exhibit characteristics of estuarine shorelines.  Characteristics of estuarine shorelines include the presence of wetland vegetation, lower wave energy, and lower erosion rates than are generally characteristic of ocean erodible areas.  Notwithstanding G.S. 150B‑21.1(a)(2) and 26 NCAC 2C.0102(11), the authorization to adopt temporary rules pursuant to this section shall continue in effect until 1 July 2004.
SECTION 2.  In adopting temporary rules pursuant to Section 1 of this act, the Coastal Resources Commission shall:
(1)	Consult with persons who may be interested in the subject matter of the temporary rule during the development of the text of the proposed temporary rule.
(2)	Notify persons on the mailing list that the Commission maintains pursuant to G.S. 150B‑21.2(d) of its intent to adopt a temporary rule.
(3)	Publish a notice of intent to adopt a temporary rule in the North Carolina Register. The notice shall set out the text of the proposed temporary rule and include the name of the person to whom questions and written comments on the proposed rule may be submitted. The Commission shall accept written comments on the proposed temporary rule for at least 30 days after the notice of intent to adopt the temporary rule as published in the North Carolina Register.
(4)	Hold at least one public hearing on the proposed temporary rule.
SECTION 3.  The fee for a general permit established by temporary rules pursuant to Section 1 of this act shall be one hundred dollars ($100.00). In adopting permanent rules pursuant to Section 1 of this act, the Coastal Resources Commission shall set a fee for the general permit as provided in G.S. 113A‑119.1.
SECTION 4.  This act is effective when it becomes law.