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