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Bill Summary · SB 1009

Summary of SB 1009 (Session 2025, North Carolina) — Repeal Hardened Structure Ban

Purpose and intent

  • The bill aims to repeal a prior ban related to hardened coastal structures and to update the state’s Beach and Inlet Management Plan.
  • It directs the North Carolina Collaboratory at UNC-Chapel Hill to update the Beach and Inlet Management Plan (BIMP) and appropriates funds for that work.
  • Overall intent appears to broaden or remove restrictions on erosion control structures, while ensuring a coordinated planning and management approach for coastal erosion and beach preservation.

Key provisions and changes

Repeal of existing prohibition

  • Repeals G.S. 113A-115.1 (exact content not included in the excerpt, but identified as the basis for a “hardened structure ban” in current law).

Regulation of erosion control structures (new framework)

  • Adds a new provision: G.S. 113A-115.2 – Regulation of erosion control structures.
  • The Commission (presumably the Coastal Resources Commission) shall not prohibit the placement or construction of temporary or permanent erosion control structures.
  • The Commission must adopt rules to regulate placement, construction, maintenance, and permitting of erosion control measures to avoid significant adverse impacts on private property or the public recreational beach.
  • In evaluating projects, the Commission must consider: 1) Potential benefits (beach protection, protective dunes, wildlife habitats, roads, homes, infrastructure). 2) Mitigation measures incorporated into project design to prevent adverse impacts.
  • Definitions: “Erosion control structure” includes breakwaters, bulkheads, groins, jetties, revetments, seawalls, or similar structures.
  • Process: The Commission will implement temporary and permanent rules to carry out this section.

Rulemaking timeline

  • Temporary rules to implement G.S. 113A-115.2 must be adopted by August 1, 2026.

Beach and Inlet Management Plan update (funding and scope)

  • The Department of Environmental Quality (DEQ) must amend the state’s management program under the Coastal Zone Management Act to be consistent with the repeal and new section.
  • The updated management plan must be approved by the federal authorities (U.S. Secretary of Commerce or designee) within six months after the act’s effective date.

Appropriation for Plan update

  • A nonrecurring appropriation of $850,000 for FY 2026-2027 is provided to the North Carolina Collaboratory (UNC-Chapel Hill).
  • Purpose: Update the Beach and Inlet Management Plan (Plan), including:
    • Cataloging current erosion concerns along oceanfront and estuarine shorelines.
    • Evaluating dredging needs of inlets and navigational channels.
    • Recommending a prioritized schedule for maintenance dredging with beneficial placement of beach-compatible material.
  • Collaboration: The Collaboratory must coordinate with the Division of Coastal Management (DEQ), the U.S. Army Corps of Engineers, and other coastal authorities.
  • Use of funds: May be used to hire consultants, faculty, staff, or students affiliated with higher education institutions.
  • Deliverable: The updated Plan must be issued no later than December 1, 2027.

Effective dates

  • Sections 1 (repeal) and 2 (new erosion control regulation) become effective September 1, 2026, and apply to erosion control structure applications submitted on or after that date.
  • Remaining provisions take effect when the act becomes law.

Who/what is affected

  • Coastal erosion control projects and applicants seeking permits for temporary or permanent erosion control structures (breakwaters, bulkheads, groins, jetties, revetments, seawalls, etc.).
  • The Coastal Resources Commission (or equivalent regulatory body) responsible for adopting rules and evaluating projects.
  • The North Carolina Beach and Inlet Management Plan and associated DEQ coastal management programs.
  • The North Carolina Collaboratory (UNC-Chapel Hill), which will administer the Plan update funding.
  • State agencies (DEQ, UNC system entities) and federal partners (Army Corps of Engineers) involved in coastal management and permitting.

Procedural and timeline highlights

  • Temporary rules implementing G.S. 113A-115.2 due by August 1, 2026.
  • Federal consistency amendments to the Coastal Zone Management Act program within six months of the act’s effective date.
  • Plan update deliverable due by December 1, 2027.
  • Effective date for most provisions is upon enactment; Sections 1 and 2 apply to applications submitted on or after September 1, 2026.

If you’d like, I can provide a side-by-side comparison of current law vs. SB 1009 language, or a plain-language FAQ for property owners and local governments.

Compiled from official sources — confirm details with the bill’s official record.

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