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Periodic Review of Existing Rules

N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. An initial review will be completed during the next five years, and thereafter rules will be reviewed on a 10-year review cycle. 

The Department of Natural and Cultural Resources' rules are located by subchapters in Title 7 of the N.C. Administrative Code. The Department's rules will be reviewed on a schedule established by the Rules Review Commission. 

The Department is required to evaluate each of the existing rules and make an initial determination from one of these three classifications:

  • Necessary with substantive public interest – the agency has received public comment on the rule within the past two years or the rule affects the property interest of the regulated public, and the agency knows or suspects that any person may object to the rule.
  • Necessary without substantive public interest – the agency determines that the rule is needed, and the rule has not had public comment in the last two years. This category includes rules that identify information that is readily available to the public, such as an address or telephone number.
  • Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise not needed.

If you have questions regarding the rule making process, contact Shawn Middlebrooks, DNCR's Rulemaking Coordinator, by email or at (919) 807-7275.

If you would like to be notified of updates regarding changes to rules in DNCR, please mail a written request to Secretary of Cultural and Natural Resources Susan Kluttz, 4610 Mail Service Center, Raleigh, NC 27699-4610.

The public may provide comments for each rule, which will be sent electronically to the administrator at the agency responsible for collecting the comments for each subchapter.

To submit a comment regarding a rule, do the following:

  1. Find the rule in the tables found on the chapter-specific pages to the right.
  2. Access the web comment form below the table, and fill in the relevant fields.

A public comment is defined as a written comment objecting to the rule, in whole or in part, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public (G.S. 150B-21.3A(a)(5)). In order for a comment to be considered by the Rules Review Commission, the comment must address the content of the rule. See N.C. Gen. Stat. §150B-21.3A(c) for details.

A public comment has merit if it addresses the specific substance of the rule and relates to any of the standards for review by the [Rules Review] Commission set forth in G.S. 150B-21.9(a).

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