December 19, 1994
The Honorable Marc Basnight President Pro Tempore State Legislative Building Raleigh, N.C. 27601-2808
RE: Advisory Opinion; Residency Requirements for Members of the Coastal Resources Commission; N.C.G.S. § 113A-104(e)
Dear Senator Basnight:
We reply to your request of December 8, 1994 for an opinion on the proper interpretation of the Coastal Area Management Act’s residency requirements for members of the Coastal Resources Commission as applied to a current member of the Commission who plans to move his permanent residence to another state. North Carolina General Statute §113A-104(e) sets out the residency requirements for appointments to the Coastal Resources Commission. That paragraph states as follows:
All nominees of the several boards of county commissioners and city governing bodies must reside within the coastal area, but need not reside in the county from which they were nominated. No more than one of those members appointed by the Governor from among said nominees may reside in a particular county. No more than two members of the entire Commission, at any time, may reside in a particular county. No more than two members of the entire Commission, at any time, may reside outside the coastal area.
In response to your first question, it is the opinion of this office that a properly appointed member of the Commission may continue to serve the remainder of his term after changing residence even though the change would cause the full Commission’s membership to be inconsistent with the residency qualifications set out in N.C.G.S. §113A-104(e). The residency requirements restrict the appointment power of the Governor and serve to balance the appointment of members to the Commission. The residency requirements do not attach to individual seats on the Commission. While the Governor must make appointments to the Commission consistent with the residency requirements of the statute, a subsequent change in an individual Commission member’s residence does not cause that member’s seat to become vacant.
As a result, the member would be entitled to serve the remainder of his term even though his change of residence would cause the Commission to have three members from outside the coastal area (or three members from a particular county within the coastal area). At the expiration of the member’s term, he could be reappointed so long as the Governor’s total package of appointments met the residency qualifications of the statute.
In response to your second question, it is the opinion of this office that a Commission member who ceases to be a resident of the State of North Carolina could not be reappointed to the Commission. The statutory provision on residency qualifications specifically restricts the number of members from a particular county and the number of members from outside the "coastal area" (which is defined in N.C.G.S. §113A-103(2) as the counties "adjacent to, adjoining, intersected by or bounded by the Atlantic Ocean"). The establishment of residency qualifications by reference to certain North Carolina counties implicitly restricts Commission appointments to North Carolina residents.
We hope this responds to your inquiry. Please call if you have further questions.
Daniel C. Oakley Senior Deputy Attorney General
Robin W. Smith
Assistant Attorney General