Private Bridges Over Public Trust Waters

Private Bridges Over Public Trust Waters and/or Coastal Wetlands: 

Private Bridges Over Public Trust Waters and/or Coastal Wetlands Presented to I&S Committee March 23, 2002 I&S 02-03

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15A NCAC 07H .0208 USE STANDARDS (a) General Use Standards (1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent may include: utility easements; docks; wharfs; boat ramps; dredging; bridges and bridge approaches; revetments, bulkheads; culverts; groins; navigational aids; mooring pilings; navigational channels; simple access channels and drainage ditches.

CAMA General Use Standards that Apply to Private Bridges: 

CAMA General Use Standards that Apply to Private Bridges Project must not violate State water quality standards Project must not cause a significant adverse impact to fisheries or wildlife resources Project must not cause a significant adverse impact to cultural or historic resources Project must not cause an unacceptable impact to navigation or the public’s right to utilize the water body Project must be consistent with the local CAMA Land Use Plan Project must be consistent with local zoning ordinances

CAMA Minor Development Permit: 

CAMA Minor Development Permit A Minor Development Permit is available only when a project does not require any other State or Federal authorization (ie. permit to fill wetlands, sedimentation & erosion control plan approval, stormwater management plan approval, Rivers and Harbors Act approval)

Federal Definition of Navigable Waters: 

Federal Definition of Navigable Waters "Navigable waters" of the U.S. are those subject to the ebb and flow of the tide shoreward to the mean high water mark and/or presently used, or have been used in the past, or are susceptible for use to transport interstate or foreign commerce. The term includes coastal and inland waters, lakes, rivers and streams that are navigable, and the territorial seas.

CAMA Major Permit: 

CAMA Major Permit You will need a major development permit if your project involves development in an Area of Environmental Concern and any of the following: Another state or federal permit, license or authorization, such as for dredging and filling, wetlands fill, stormwater management, sedimentation control, wastewater discharge, etc.; Excavation or drilling for natural resources on land or under water; Construction of one or more buildings that cover more than 60,000 square feet on a single parcel of land; Alteration of more than 20 acres of land or water.

CAMA General Use Standards that Apply to Private Bridges: 

CAMA General Use Standards that Apply to Private Bridges Project must not violate State water quality standards Project must not cause a significant adverse impact to fisheries or wildlife resources Project must not cause a significant adverse impact to cultural or historic resources Project must not cause an unacceptable impact to navigation or the public’s right to utilize the water body Project must be consistent with the local CAMA Land Use Plan Project must be consistent with local zoning ordinances

CAMA Major Permit Application Review Agencies: 

CAMA Major Permit Application Review Agencies Division of Coastal Management Division of Water Quality Wetlands Section Stormwater Section Division of Marine Fisheries Division of Land Resources Wildlife Resources Commission Division of Cultural Resources Department of Transportation Division of Community Assistance Division of Water Resources State Property Office U.S. Army Corps of Engineers U.S. Fish and Wildlife Service National Marine Fisheries Service Environmental Protection Agency Local Government’s

CAMA Permits Issued for Private Bridges, 1996-2001: 

CAMA Permits Issued for Private Bridges, 1996-2001 12 permits issued for 17 individual bridge structures Average length 100 feet Average width 15 feet Average coverage (shading) 1,500 sf NOTE: No wetlands or open water areas filled under any of these permits

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QUESTIONS?