GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
SESSION LAW 2002-68
HOUSE BILL 1544
AN ACT TO AMEND THE PROCESS BY WHICH A VARIANCE MAY BE GRANTED BY THE COASTAL RESOURCES COMMISSION UNDER THE COASTAL AREA MANAGEMENT ACT, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 113A-120.1 reads as rewritten:
(a) Any person may
petition the Commission for a variance granting permission to use his the
person's land in a manner otherwise prohibited by rules, standards, or
limitations rules or standards prescribed by the Commission, or
orders issued by the Commission, pursuant to this Article. When it finds
that To qualify for a variance, the petitioner must show all of the
following:
(i) (1) practical difficulties or
unnecessary Unnecessary hardships would result from strict
application of the guidelines, rules, standards, or orders. or
other restrictions applicable to the property,
(ii) (2) such
difficulties or The hardships result from conditions which that
are peculiar to the property, such as the location, size, or topography
of the property.to the property involved,
(iii)(3) The
hardships did not result from actions taken by the petitioner. such
conditions could not reasonably have been anticipated when the applicable
guidelines, rules, standards, or restrictions were adopted or amended, the
Commission may vary or modify the application of the restrictions to the
property so that
(4) The
requested variance is consistent with the spirit, purpose, and intent of
the rules, standards, or orders; will secure public safety and welfare; and
will preserve substantial justice. restrictions are preserved, public
safety and welfare secured, and substantial justice preserved. In granting a
variance, the
(b) The Commission
may impose reasonable and appropriate conditions and safeguards upon any
permit it issues. variance it grants.The Commission may conduct a
hearing within 45 days from the receipt of the petition and shall notify such
persons and agencies that may have an interest in the subject matter of the
time and place of the hearing."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 30th day of July, 2002.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 10:03 p.m. this 8th day of August, 2002