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UNC
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SCHOOL OF GOVERNMEN'
The Daily Bulletin: 2024-05-01
PUBLIC/HOUSE BILLS
H 426 (2023-2024) VARIOUS ENVIRONMENTAL AMENDMENTS. (NEW) Filed Mar 21 2023, AN ACT TO DIRECT THE COASTAL
RESOURCES COMMISSION TO IMPLEMENT A RULE DESIGN A TING JOCKE Y'S RIDGE STA
ТЕ
PARK AS AN A REA OF
ENVIRONMENTAL CONCERN UNTIL PERMANENT RULES ARE ADOPTED; TO REQUIRE THE DEPARTMENT OF
ADMINISTRATION TO HOLD A PUBLIC HEARING AND CONSULTWITH THE JOINT LEGISLATIVE COMMISSION ON
GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN EASEMENTS ON STATE PROPERTY; AND TO CLARIFY THE
APPLICABILITY OF STATUTORY BUILT-UPON AREA REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT STORMIVATER
PROGRAMS AND SPECIFY THA T CER TAIN ARTIFICIA L TURF IS NOT
В
UIL T- UPON AREA .
Senate committee substitute deletes the content of the 1st edition and replaces it with the following.
Directs the Coastal Resources Commission (Commission) to implement the Jockey's Ridge Area of Environmental Concern.
1 5A NCAC 7H. 0508. as approved for the initiation of permanent rulemaking by the Commission on April 25. 2024, as if the
proposed rule was effective, until the proposed rule becomes a permanent rule. Requires the Commission, by June 1. 2024, to
approve a map identifying the boundaries of the Jockey's Ridge area of environmental concern for purposes of implementing
these requirements. Requires the Commission to adopt proposed rule 1 5A NCAC 7H .0508 as a permanent rule as soon as
practicable, but no later than November 1. 2024; specifies that this is not to be construed as directing the Commission to adopt
the text of the proposed rule verbatim.
Enacts GS 146-29.3, requires the Department of Administration (DOA), before granting an easement upon State property for
the disposal or dumping of spoil materials lawfully dug or dredged from navigable waters, to hold a public hearing where the
proposed disposition is located and submit the proposed disposition for consultation with the Joint Legislative Commission on
Governmental Operations. Applies to requests for proposed dispositions submitted for DOA approval on or after August 1.
2024.
Enacts GS 143-2 14.7D, excluding six categories of surfaces from the term "built-upon area", defined as provided under current
law in GS 143-2 14.7(b2), or impervious or partially impervious surface in the context of implementing State or local
government stormwater programs. Specifies that a slatted deck, the water area of a swimming pool, described stone surfaces
and trails, landscaping material, and described artificial turf are exempt. Allows property owners and developers to opt out of
any of the specified exemptions. Bars local governments from enforcing ordinances, plans, or stormwater programs that
establish a definition of "built-upon area" or impervious surface that is inconsistent, notwithstanding specified statutory
authorities. Authorizes the Commission to adopt implementing rules. Repeals GS 143-2 15. 7(b2), which previously set forth the
definition for "built-upon area", but did not include specified artificial turfs in the tenn's exemptions, and allowed property
owners and developers to opt-out of the described exemptions. Directs local governments operating stormwater programs to
update their programs consistent with new GS 143-2 14.7D.
Intro, by Gillespie, Clampitt, D. Hall, Pless. GS 143, GS 146
Development, Land Use and Housing, Building and
Construction, Property and Housing, Environment,
Environment/Natural Resources, Government, Cultural
Resources and Museums, State Agencies, Department of
Administration, Local Government
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