CFE agenda 051115 - Laserfiche WebLink

Browse Search

General Assembly of North Carolina Session 2015 1 SECTION 3.2.(c) No later than January 1, 2016, a State agency or local 2 government that implements a stormwater management program approved pursuant to 3 subsection (d) of G.S. 143 -214.7 shall submit its current stormwater management program or a 4 revised stormwater management program to the Environmental Management Commission. No 5 later than July 1, 2016, the Environmental Management Commission shall review and act on 6 each of the submitted stormwater management programs in accordance with subsection (d) of 7 G.S. 143- 214.7, as amended by this section. 8 SECTION 3.2.(d) The Environmental Review Commission, with the assistance of 9 the Department of Environment and Natural Resources, shall review the current status of State 10 statutes, session laws, rules, and guidance documents related to the management of stormwater 11 in the State. The Commission shall specifically examine whether State statutes, session laws, 12 rules, and guidance documents related to the management of stormwater in the State should be 13 recodified or reorganized in order to clarify State law for the management of stormwater. The 14 Commission shall submit legislative recommendations, if any, to the 2016 Regular Session of 15 the 2015 General Assembly. 16 17 RIPARIAN BUFFER REFORM 18 SECTION 3.3.(a) G.S. 143- 214.23 reads as rewritten: 19 "§ 143 - 214.23. Riparian Buffer Protection Program: Delegation of riparian buffer 20 protection requirements to local governments. 21 (a) Delegation Permitted. — The Commission may delegate responsibility for the 22 implementation and enforcement of the State's riparian buffer protection requirements to units 23 of local government that have the power to regulate land use. A delegation under this section 24 shall not affect the jurisdiction of the Commission over State agencies and units of local 25 government. Any unit of local government that has the power to regulate land use may request 26 that responsibility for the implementation and enforcement of the State's riparian buffer 27 protection requirements be delegated to the unit of local government. To this end, units of local 28 government may adopt ordinances and regulations necessary to establish and enforce the State's 29 riparian buffer protection requirements. 30 (b) Procedures. — Within 90 days after the Commission receives a complete application 31 requesting delegation of responsibility for the implementation and enforcement of the State's 32 riparian buffer protection requirement, the Commission shall review the application and notify 33 the unit of local government that submitted the application whether the application has been 34 approved, approved with modifications, or disapproved. The Commission shall not approve a 35 delegation unless the Commission finds that local implementation and enforcement of the 36 State's riparian buffer protection requirements will equal implementation and enforcement by 37 the State. 38 (b 1) Deviations from Minimum State Requirements. — The Commission may approve a 39 delegation application proposing a riparian buffer width that deviates from that required by the 40 State for the type of surface body of water and the river basin or basins in which the unit of 41 local government is located only in accordance with the procedures of this section: 42 Units of local government may request deviations in riparian buffer widths 43 from the Commission when submitting an application under subsection (b) 44 of this section. Deviations in buffer width enforced by units of local 45 government under an existing local ordinance may not be enforced after 46 February 1, 2016, unless the unit of local government has either received 47 approval for a deviation under the procedures set forth in this subsection or 48 has an application for deviation pending with the Commission. Under no 49 circumstances shall any existing local ordinance be enforced after June 1, 50 2016, unless the Commission has approved the deviation. For purposes of 51 this subdivision, an "existing local ordinance" is a local ordinance approved H760 [Edition 1 ] Page 5