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8 <br /> mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on <br /> portions of driveways and parking areas that will not be compacted by the weight of a vehicle, <br /> such as the area between sections of pavement that support the weight of a vehicle. The owner <br /> or developer of a property may opt out of any of the exemptions from "built-upon area" set out <br /> in this subsection. For State stormwater programs and local stormwater programs approved <br /> pursuant to subsection(d) of this section, all of the following shall apply: <br /> (2) Development may occur within the area that would otherwise be required to <br /> be placed within a vegetative buffer required by the Commission pursuant to <br /> G.S. 143-214.1 and G.S. 143 2 ^.' this section provided the stormwater <br /> runoff from the entire impervious area of the development is collected,treated, <br /> and discharged so that it passes through a segment of the vegetative buffer and <br /> is managed so that it otherwise complies with all applicable State and federal <br /> stormwater management requirements. For the purpose of this subdivision, <br /> the entire impervious area of the development shall not include any portion of <br /> a project that is within a North Carolina Department of Transportation or <br /> municipal right-of-way. <br /> (b3) Stormwater runoff rules and programs shall not require private property owners to <br /> install new or increased stormwater controls for (i) preexisting development or (ii) <br /> redevelopment activities that do not remove or decrease existing stormwater controls. When a <br /> preexisting development is redeveloped, either in whole or in part,increased stormwater controls <br /> shall only be required for the amount of impervious surface being created that exceeds the amount <br /> of impervious surface that existed before the redevelopment. Pfevided, hewevep,--a <br /> redevelopment, irrespective of whether the impervious surface that existed before the <br /> redevelopment is to be demolished or relocated during the development activity. A property <br /> owner may veltifitafily elect to treat the stormwater €imi--resulting from the net increase in <br /> built-upon area above the preexisting development ^ redevelopment .,etivities aoset4be her-eifl <br /> for the purpose of exceeding allowable density under the applicable water supply watershed rules <br /> as provided in G.S. 143-214.5(d3). This subsection applies to all local governments regardless <br /> of the source of their regulatory authority. Local governments shall include the requirements of <br /> this subsection in their stormwater ordinances. <br /> An applicant for a new stormwater permit, or the reissuance of a permit due to <br /> transfer, modification, or renewal, shall have the option to submit a permit application for <br /> processing to a unit of local government with permitting authority in whose jurisdiction the <br /> project to be permitted is located, or, where a unit of local government with permitting authority <br /> in whose jurisdiction the project to be permitted is located has established a joint program with <br /> one or more units of local government pursuant to subsection (c) of this section, other local <br /> governments in the joint program. <br /> (c) The Commission shall develop model stormwater management programs that may be <br /> implemented by State agencies and units of local government. Model stormwater management <br /> programs shall be developed to protect existing water uses and assure compliance with water <br /> quality standards and classifications. A State agency or unit of local government may submit to <br /> the Commission for its approval a stormwater control program or a stormwater permitting <br /> program for implementation within its jurisdiction. To this end, State agencies may adopt rules, <br /> and units of local government are authorized to adopt ordinances and regulations necessary to <br /> establish and enforce stormwater control programs.programs and stormwater permitting <br /> programs. Units of local government are authorized to create or designate agencies or <br /> subdivisions to administer and enforce the programs. Two or more units of local government are <br /> Page 2 Session Law 2023-137 House Bill 600 <br />