Administrative – CAMA Permit – Notice to Neighbor – Untimely Request for Hearing

Even though petitioner’s neighbors did not give him direct notice of their application to build a single-family home, the neighbors posted a placard on the project site, and the Coastal Area Management Act Local Permit Official (LPO) was satisfied that the neighbors made a good-faith effort to provide the notice required by 15A N.C.A.C. 07J.0204(b)(5)(B). Based on the LPO’s determination, the neighbors’ application was complete as of 25 January 2021, and petitioner’s 3 August 2021 request for a third-party contested case hearing was submitted well outside the 20-day period for doing so, as set out in G.S. § 113A-121.1(b).

We affirm the superior court’s order affirming the denial of petitioner’s request for a contested case hearing.

Fonvielle v. North Carolina Coastal Resources Commission (Lawyers Weekly No. 011-053-23, 13 pp.) (Julee Flood, J.) Appealed from New Hanover County Superior Court (Thomas Lock, J.) Susan Groves Renton and Grady Richardson for petitioner; Mary Lucasse for respondent; Elizabeth Timmermans, Zachary McCamey and John Huske Anderson for intervenor-respondents. N.C. App.