GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                     1

SENATE BILL 737*

 

 

Short Title:        Amend Isolated Wetland Regulation.		(Public)
Sponsors:	Senator B. Jackson (Primary Sponsor).
Referred to:	Agriculture/Environment/Natural Resources.

May 15, 2014

A BILL TO BE ENTITLED

AN ACT to amend the regulatory requirements for isolated wetlands, as recommended by the environmental review commission.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to Section 1(c) of this act, the Commission and the Department of Environment and Natural Resources shall implement 15A NCAC 02H .1305 (Review of Applications) as provided in Section 1(b) of this act.

SECTION 1.(b)  Notwithstanding 15A NCAC 02H .1305 (Review of Applications), both of the following shall apply to the implementation of 15A NCAC 02H .1305:

(1)        The amount of impacts of isolated wetlands under 15A NCAC 02H .1305(d)(2) shall be less than or equal to 1 acre of isolated wetlands east of I‑95 for the entire project and less than or equal to 1/3 acre of isolated wetlands west of I‑95 for the entire project.

(2)        The mitigation ratio under 15A NCAC 02H .1305(g)(6) shall be 1:1.

SECTION 1.(c)  The Environmental Management Commission shall adopt a rule to amend 15A NCAC 02H .1305 (Review of Applications) consistent with Section 1(b) of this act. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 1(b) of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B‑21.3(b2).

SECTION 2.  The Department of Environment and Natural Resources shall study the surface area thresholds for the regulation of mountain bog isolated wetlands, including whether mountain bog isolated wetlands should have surface area regulatory thresholds different from other types of isolated wetlands. The Department shall report its findings and recommendations to the Environmental Review Commission on or before November 1, 2014.

SECTION 3.  This act is effective when it becomes law. Section 1(b) of this act expires on the date that rules adopted pursuant to Section 1(c) of this act become effective.