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CFE agenda 100917
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CFE agenda 100917
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10/9/2017
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CFE minutes 100917
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a variance, the developer can petition for a contested case hearing,ss and if still unsatisfied, can appeal for <br />judicial review.56 <br />E. Other State Permits <br />Development of a wind facility in state waters would trigger several additional permit requirements. One of <br />the benefits of getting a CAMA permit for coastal development is that it provides a coordinated process for <br />permitting projects in the coastal zone, although the CRC does not have veto power over other permits.57 <br />The major CAMA permit application serves as the application for several other state and federal permits, <br />including, but not limited to, dredge and fill permits under the NC Dredge and Fill Act,ss a permit under the <br />NC Archives and History Act,59 state water and air pollution control permits including a 401 water quality <br />certification, as well as the certificates required by the NC Utilities Commission.6o A 401 certification is <br />required if a project impacts wetlands or waters and triggers a federal 404 wetlands permit by the Army Corps <br />of Engineers. CAMA permits are reviewed by 10 state and 4 federal agencies through the State Clearinghouse <br />process.6i Additionally a wind developer in state water will need to obtain a submerged land lease from <br />the North Carolina Department of Administration.62 A lease will not be considered until all permits and <br />approvals are obtained. <br />II. Local Jurisdiction <br />At the local level, a wind facility in North Carolina would probably need to obtain some sort of local <br />approval, although in some cases this could be as minimal as a building permit. As discussed below, local land <br />use regulations may or may not be applicable depending on the county. Additionally, within the last year, <br />several counties in North Carolina have adopted local ordinances governing the siting of wind facilities. <br />A. Land Use Regulations <br />Zoning is the primary way that local governments regulate land use, setting out development regulations and <br />standards within pre- defined zones. In North Carolina, counties are not required to adopt zoning ordinances. <br />About three quarters of the 100 counties in the state have zoning ordinances — 60 that apply countywide and <br />18 that apply to only part of the county.63 Nineteen counties, however, do not have any zoning regulations.64 <br />It is worth noting that most of the viable wind resource areas, both coastal and mountains, occur in counties <br />with no or partial zoning.In cases where there is no zoning ordinance or the ordinance does not apply in the <br />proposed location, a wind facility would very likely only be required to obtain a local building permit. As <br />discussed above, state or federal permits may or may not be required, depending on the project, and those <br />permits may or may not require an environmental review or a public input process. It is quite conceivable <br />that a utility-scale wind project on land, either at the coast or in the mountains, could be built with no real <br />consideration of its land use impacts, no environmental review, no design standards or conditions, and no <br />meaningful opportunity for public input. <br />188 Appendix C <br />
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