S607 - Regulatory Reform Act of 2024. (SL 2024-45)

Overview: Section 16 of S.L. 2024-45 requires the Coastal Resources Commission (CRC) to, for the purpose of a dune building and beach planting project, authorize local governments that have received a permit to construct a terminal groin to establish a measurement line that represents the location of the first line of stable and natural vegetation that is covered by the dune building and beach planting project. The measurement line must be: (i) established in coordination with the Division of Coastal Management (DCM) of the Department of Environmental Quality (DEQ) using on-ground observation and survey or aerial imagery for all areas of oceanfront that undergo dune building and beach planting project; and (ii) applicable for a period of no less than two years from the completion of the dune building and beach planting project. The CRC must amend their rules for this purpose (but implement the policy, prior to an amended rule becoming effective, once the provision becomes law).

No later than August 1, 2024, DEQ must submit this change to the United States National Oceanic and Atmospheric Administration (NOAA) for approval. In addition, DEQ must report to the Environmental Review Commission on the status of their activities pursuant to this section quarterly, beginning September 1, 2024, until such time as the General Assembly repeals this reporting requirement.

The change to allow establishment of a measurement line for permitted terminal groin construction becomes effective on the later of the following dates:

• September 1, 2024.
• The first day of a month that is 60 days after the Secretary of Environmental Quality certifies to the Revisor of Statutes that NOAA has approved the changes.

This section expires when permanent rules adopted as required by the provision become effective.