the effect of human Development (12)
Development” is construction, excavation, dredging, removal of minerals,
alteration of the shore or bottom of the ocean floor, or placement of floating
structure
Kalo & Schiavinato, 09 - Graham Kenan Professor of Law at University of North Carolina School
of Law at Chapel Hill & Coastal Law Policy and Community Development Specialist at North Carolina
Sea Grant College Program and Co-Director of North Carolina Coastal Resources Law, Planning and
Policy Center
[Joseph J. & Lisa, “Wind Over North Carolina Waters: The State's Preparedness To Address Offshore And
Coastal Water-Based Wind Energy Projects,” North Carolina Law Review, 87 N.C.L. Rev. 1819,
Lexis]//SG
Under CAMA, the CRC has authority to designate areas of environmental concern ("AEC"). n141 State
estuarine and ocean waters are designated public trust AECs. n142 With limited exceptions, any
"development" in an AEC requires a CAMA permit. n143 "Development" is defined as:¶ ¶ Any
activity in a duly designated area of environmental concern (except as provided in paragraph b of this
subdivision) involving, requiring, or consisting of the construction or enlargement of a
structure; excavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or
minerals; bulkheading, driving of pilings; clearing or alteration of land as an adjunct of
construction; alteration or removal of sand dunes; alteration of the shore, bank or bottom
of the Atlantic Ocean or any sound, bay, river, creek, stream, lake or canal; or [*1847]
placement of a floating structure in an area of environmental concern identified in G.S. 113A-113(b)
(2) or (b)(5). n144¶ ¶ Normally, any significant "development" in estuarine or ocean waters, such as a wind
energy project, requires a CRC-issued CAMA major development permit. n145 However, certain
activities are excluded by CAMA from being considered "development" and are not
subject to CAMA permit requirements. n146 Wind turbine facilities are potentially such an
activity.¶ Section 113A-118(5)(b)(3) of the General Statutes of North Carolina excludes from the
CAMA definition of "development" "work by any utility and other persons for the purpose of
construction of facilities for the development, generation, and transmission of energy to the
extent that such activities are regulated by other law or by present or future rules of the State Utilities
Commission." n147 Wind energy facilities located in coastal or ocean waters have three major
components: (1) wind turbine generators, (2) transmission lines crossing submerged lands, and
(3) onshore receiving facilities. The first two relate directly to activities in CAMA AECs and raise the
potential of a conflict between the authority of the Utilities Commission and the CRC.
alteration of the shore or bottom of the ocean floor, or placement of floating
structure
Kalo & Schiavinato, 09 - Graham Kenan Professor of Law at University of North Carolina School
of Law at Chapel Hill & Coastal Law Policy and Community Development Specialist at North Carolina
Sea Grant College Program and Co-Director of North Carolina Coastal Resources Law, Planning and
Policy Center
[Joseph J. & Lisa, “Wind Over North Carolina Waters: The State's Preparedness To Address Offshore And
Coastal Water-Based Wind Energy Projects,” North Carolina Law Review, 87 N.C.L. Rev. 1819,
Lexis]//SG
Under CAMA, the CRC has authority to designate areas of environmental concern ("AEC"). n141 State
estuarine and ocean waters are designated public trust AECs. n142 With limited exceptions, any
"development" in an AEC requires a CAMA permit. n143 "Development" is defined as:¶ ¶ Any
activity in a duly designated area of environmental concern (except as provided in paragraph b of this
subdivision) involving, requiring, or consisting of the construction or enlargement of a
structure; excavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or
minerals; bulkheading, driving of pilings; clearing or alteration of land as an adjunct of
construction; alteration or removal of sand dunes; alteration of the shore, bank or bottom
of the Atlantic Ocean or any sound, bay, river, creek, stream, lake or canal; or [*1847]
placement of a floating structure in an area of environmental concern identified in G.S. 113A-113(b)
(2) or (b)(5). n144¶ ¶ Normally, any significant "development" in estuarine or ocean waters, such as a wind
energy project, requires a CRC-issued CAMA major development permit. n145 However, certain
activities are excluded by CAMA from being considered "development" and are not
subject to CAMA permit requirements. n146 Wind turbine facilities are potentially such an
activity.¶ Section 113A-118(5)(b)(3) of the General Statutes of North Carolina excludes from the
CAMA definition of "development" "work by any utility and other persons for the purpose of
construction of facilities for the development, generation, and transmission of energy to the
extent that such activities are regulated by other law or by present or future rules of the State Utilities
Commission." n147 Wind energy facilities located in coastal or ocean waters have three major
components: (1) wind turbine generators, (2) transmission lines crossing submerged lands, and
(3) onshore receiving facilities. The first two relate directly to activities in CAMA AECs and raise the
potential of a conflict between the authority of the Utilities Commission and the CRC.