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AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH <br />CAROLINA. <br />The General Assembly of North Carolina enacts: <br />PART I. AGRICULTURE, ENERGY, ENVIRONMENT, AND NATURAL RESOURCES <br />PROVISIONS <br />WATER SUPPLY WATERSHED PROTECTION CHANGES <br />SECTION 1. G.S. 143-214.5 reads as rewritten: <br />"§ 143-214.5. Water supply watershed protection. <br />… <br />(d3) A local government implementing a water supply watershed program shall allow an <br />applicant to exceed the allowable density under the applicable water supply watershed rules if all <br />of the following circumstances apply: <br />(1) The property was developed prior to the effective date of the local water <br />supply watershed program. <br />(2) The property has not been combined with additional lots after January 1, 2021. <br />(3) The property has not been a participant in a density averaging transaction <br />under subsection (d2) of this section. <br />(4) The current use of the property is nonresidential. <br />(5) In the sole discretion, and at the voluntary election, At the election of the <br />property owner, the stormwater from all of the existing and new any net <br />increase in built-upon area on the property above the preexisting development <br />is treated in accordance with all applicable local government, State, and <br />federal laws and regulations. <br />(6) The remaining vegetated buffers on the property are preserved in accordance <br />with the local water supply watershed protection program requirements. <br />…." <br />STORMWATER PROGRAM CHANGES <br />SECTION 2. G.S. 143-214.7 reads as rewritten: <br />"§ 143-214.7. Stormwater runoff rules and programs. <br />… <br />(b2) For purposes of implementing stormwater programs, "built-upon area" means <br />impervious surface and partially impervious surface to the extent that the partially impervious <br />surface does not allow water to infiltrate through the surface and into the subsoil. "Built-upon <br />area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57 <br />stone, as designated by the American Society for Testing and Materials, laid at least four inches <br />thick over a geotextile fabric; a trail as defined in G.S. 113A-85 that is either unpaved or paved <br />as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters <br />per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, <br />101