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General Assembly of North Carolina Session 2015 1 marshlands in the Neuse River Basin or the Tar - Pamlico River Basin shall be delineated as 2 follows: 3 If the coastal wetlands or marshlands extend less than 50 feet from the high 4 normal water level or normal water level, as appropriate, and therefore 5 would not encompass a 50 -foot area beyond the appropriate water level, then 6 the protective riparian buffer shall include all of the coastal wetlands and 7 marshlands and enough of the upland footage to equal a total of 50 feet from 8 the appropriate normal high water level or the normal water level measured 9 horizontally on a line perpendicular to the surface water. 10 If the coastal wetlands or marshlands extend 50 feet or more from the 11 normal high water level or normal water level, as appropriate, then the 12 protective riparian buffer shall be the full width of the marshlands or coastal 13 wetlands up to the landward limit of the marshlands or coastal wetlands but 14 shall not extend beyond the landward limit of the marshlands or coastal 15 wetlands." 16 SECTION 3.3.(c) Article 21 of Chapter 143 of the General Statutes is amended by 17 adding a new section to read: 18 "§ 143 - 214.27 Riparian Buffer Conditions in Environmental Permits. 19 (a) Except as set forth in subsection (b) of this section, the Department may not impose 20 as a condition of any permit issued under this Article riparian buffer requirements that exceed 21 established standards for the river basin within which the activity or facility receiving the 22 permit is located. If no riparian buffer standards have been established for the river basin within 23 which the activity or facility receiving the permit is located, then the Department shall not 24 impose a buffer standard as a condition for a permit that exceeds the standard for the Neuse 25 River Basin set forth in 15A NCAC 02B .0233. 26 (11) The Department may impose as a condition of any permit issued under this Article a 27 more restrictive riparian buffer requirement than that established for the river basin within 28 which the activity or facility receiving the permit is located, or a riparian buffer requirement in 29 a river basin where no riparian buffer standards have been established as set forth in this 30 subsection. Prior to imposing the he riparian buffer permit condition, the Commission must make 31 a finding that the condition is necessary in order to meet the nutrient reduction goals for the 32 river basin within which the activity or facility receiving the permit is located, based on 33 basin - specific evidence compiled through a scientific study prepared by or on behalf of the 34 Department that provides a justification for the permit condition based on the topes aphy, soils, 35 or hydrology of the river basin, the environmental impacts of the activity or facility, and any 36 other information the Commission finds necessary to evaluate the need for the riparian buffer 37 _permit condition." 38 SECTION 3.3.(d) This section becomes effective August 1, 2015. 39 40 WILDLIFE SEARCH AND SEIZURE 41 SECTION 3.4.(a) G.S. 113- 136(k) reads as rewritten: 42 "(k) It is unlawful to refuse to exhibit upon request by any inspector, protector, or other 43 law enforcement officer any item required to be carried by any law or rule as to which 44 inspectors or protectors have enforcement jurisdiction. The items that must be exhibited include 45 boating safety or other equipment or any license, permit, tax receipt, certificate, or 46 identification. It is unlawful to refuse to allow inspectors, protectors, or other law enforcement 47 officers to inspect weapons, equipment, fish, or wildlifeif the officer reasonably believes 48 them to be possessed incident to an activity regulated by any law or rule as to which inspectors 49 and protectors have enforcement jtti4sdiotien. -jurisdiction and the officer has a reasonable 50 suspicion that a violation has been committed. Except as authorized by G.S. 113 -137, nothing 51 in this section gives an inspector, protector, or other law enforcement officer the authority to H760 [Edition 1 ] Page 9