A BILL TO BE ENTITLED
AN ACT to authorize the permitting and construction of terminal groins at inlets under certain conditions.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 113A‑115.1 reads as rewritten:
"§ 113A‑115.1. Limitations on erosion control structures.
(a)	As used in this section:
(1)	"Erosion control structure" means a breakwater, bulkhead, groin, jetty, revetment, seawall, or any similar structure.
(1a)	"Estuarine shoreline" means all shorelines that are not ocean shorelines that border estuarine waters as defined in G.S. 113A‑113(b)(2).
(2)	"Ocean shoreline" means the Atlantic Ocean, the oceanfront beaches, and frontal dunes. The term "ocean shoreline" includes an ocean inlet and lands adjacent to an ocean inlet but does not include that portion of any inlet and lands adjacent to the inlet that exhibits characteristics of estuarine shorelines.
(3)	"Terminal groin" means a structure that is constructed on the side of an inlet at the terminus of an island generally perpendicular to the shoreline to limit or control sediment passage into the inlet channel.
(b)	No person shall construct a permanent erosion control structure in an ocean shoreline. The Commission shall not permit the construction of a temporary erosion control structure that consists of anything other than sandbags in an ocean shoreline. This section shall not apply to any of the following:
(1)	Any permanent erosion control structure that is approved pursuant to an exception set out in a rule adopted by the Commission prior to July 1, 2003.
(2)	Any permanent erosion control structure that was originally constructed prior to July 1, 1974 and that has since been in continuous use to protect an inlet that is maintained for navigation. 
(3)	Any terminal groin permitted pursuant to subsection (f) of this section.
(b1)	This section shall not be construed to limit the authority of the Commission to adopt rules to designate or protect areas of environmental concern, to govern the use of sandbags, or to govern the use of erosion control structures in estuarine shorelines.
(c)	The Commission may renew a permit for an erosion control structure issued pursuant to a variance granted by the Commission prior to July 1, 1995. The Commission may authorize the replacement of a permanent erosion control structure that was permitted by the Commission pursuant to a variance granted by the Commission prior to July 1, 1995 if the Commission finds that: (i) the structure will not be enlarged beyond the dimensions set out in the original permit; (ii) there is no practical alternative to replacing the structure that will provide the same or similar benefits; and (iii) the replacement structure will comply with all applicable laws and with all rules, other than the rule or rules with respect to which the Commission granted the variance, that are in effect at the time the structure is replaced.
(d)	Any existing rule that prohibits permanent erosion control structures shall not apply to terminal groins.
(e)	In addition to the permit application requirements of Part 4 of Article 7 of Chapter 113A of the General Statutes, an application for a permit for the construction of a terminal groin shall include all of the following:
(1)	An assessment and finding that nonstructural approaches to erosion control, including relocation of threatened structures, are found to be impractical.
(2)	An environmental impact statement that has been reviewed by an independent third party and satisfies the requirements of G.S. 113A‑4.
(3)	An engineering design bearing the seal of a registered professional engineer licensed to practice pursuant to Chapter 89C of the General Statutes that describes the construction and maintenance of the proposed terminal groin, as well as the accompanying beach fill project required to be undertaken pursuant to subsection (f) of this section. The engineering design shall identify those property owners and local governments on both sides of the inlet that may be affected by the construction of the proposed terminal groin.
(4)	Proof of notification of those property owners and local governments on both sides of the inlet identified in the engineering design prepared pursuant to subdivision (3) of this subsection as potentially affected by the construction of the proposed terminal groin.
(5)	An inlet management plan that includes estuarine and ocean shorelines immediately adjacent to, and under the influence of, the inlet that describes postconstruction activities that the permittee will undertake to monitor the effects of the terminal groin and related dredging and beach fill. The plan shall define thresholds for assessing negative impacts to coastal resources due to construction of the terminal groin and provide a plan for mitigating negative impacts, including modification or removal of the terminal groin if negative impacts cannot be mitigated. These mitigation efforts shall be the responsibility of the permittee.
(6)	Identification of the financial resources or funding sources necessary to construct the terminal groin and the accompanying beach fill and to conduct subsequent shoreline monitoring. 
(f)	A terminal groin shall only be permitted pursuant to this section under all of the following conditions:
(1)	The permit applicant has complied with the requirements of subsection (e) of this section.
(2)	The permit applicant has notified those property owners and local governments on both sides of the inlet identified in the engineering design prepared pursuant to subsection (e) of this section as potentially affected by the construction of the proposed terminal groin.
(3)	The construction of the terminal groin is accompanied by a concurrent beach fill project to prefill the groin.
(g)	Except as provided in this subsection, only one terminal groin may be placed on each ocean shoreline immediately adjacent to an inlet for a maximum total of two groins per inlet. One additional terminal groin may be placed on the ocean shoreline of an inlet when the ocean shoreline is immediately adjacent to a federally maintained navigation channel associated with a State port, the negative shoreline impacts from the navigation channel can be identified and verified by an independent third party, and the additional terminal groin will be able to mitigate negative shoreline impacts associated with the location and maintenance of the navigation channel."
SECTION 2.  The Department of Environment and Natural Resources shall amend the management program it adopted pursuant to the federal Coastal Zone Management Act, 16 U.S.C. § 1451, et seq., to ensure the management program is consistent with G.S. 113A‑115.1, as amended by Section 1 of this act, and shall seek approval of the amended management plan by the United States Secretary of Commerce or the Secretary's authorized designee no later than six months after the effective date of this act.
SECTION 3.  This act is effective when it becomes law.