SECTION .0400 - coastal energy policies

 

15A NCAC 07M .0401      DECLARATION OF GENERAL POLICY

(a)  It is hereby declared that the general welfare and

public interest require that reliable sources of energy be made available to

the citizens of North Carolina.  It is further declared that the development of

energy facilities and energy resources within the state and in offshore waters

can serve important regional and national interests.  However, unwise

development of energy facilities or energy resources can conflict with the

recognized and equally important public interest that rests in conserving and

protecting the valuable land and water resources of the state and nation,

particularly coastal lands and waters.  Therefore, in order to balance the

public benefits of necessary energy development with the need to:

(1)           protect valuable coastal resources; and

(2)           preserve access to and utilization of

public trust resources, the planning of future uses affecting both land and

public trust resources,

the exercise of regulatory authority, and determinations of

consistency with the North Carolina Coastal Management Program shall assure

that the development of energy facilities and energy resources shall avoid

significant adverse impact upon vital coastal resources or uses, public trust

areas and public access rights.

(b)  Exploration for the development of offshore and Outer

Continental Shelf (OCS) energy resources has the potential to affect coastal

resources.  The Federal Coastal Zone Management Act of 1972, as amended,

requires that leasing actions of the federal government be consistent to the

maximum extent practicable with the enforceable policies of the federally

approved North Carolina Coastal Management Program, and that exploration,

development and production activities associated with such leases comply with

those enforceable policies.  Enforceable policies applicable to OCS activities

include all the provisions of this Subchapter as well as any other applicable

federally approved components of the North Carolina Coastal Management

Program.  All permit applications, plans and assessments related to exploration

or development of OCS resources and other relevant energy facilities shall

contain sufficient information to allow analysis of the consistency of all proposed

activities with these Rules.

 

History Note:        Authority G.S. 113A-102(b); 113A-107;

113A-124;

Eff. March 1, 1979;

Amended Eff. November 3, 1997 pursuant to E.O. 121, James

B. Hunt Jr., 1997;

Temporary Amendment Eff. July 8, 1999; December 22, 1998;

Amended Eff. February 1, 2011; August 1, 2000.