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--- version:Edition 1+++ version:Filed@@ -1,21 +1,21 @@GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2025-S 1-SENATE BILL 19+S D+SENATE BILL DRS15017-NM-3Short Title: Various Environmental Amendments. (Public)Sponsors: Senator Hanig (Primary Sponsor).-Referred to: Rules and Operations of the Senate-January 30, 2025-*S19-v-1*+Referred to:++*DRS15017-NM-3*A BILL TO BE ENTITLED 1-AN ACT TO DESIGNATE JOCKEY'S RIDGE AS AN AREA OF ENVIRONMENT AL 2-CONCERN; TO REQUIRE THE DEPARTMENT OF AD MINISTRATION TO HOLD A 3+AN ACT TO DESIGNATE JOCKEY 'S RIDGE AS AN AREA OF ENVIRONMENTAL 2+CONCERN; TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO HOLD A 3PUBLIC HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION 4-ON GOVERNMENTAL OPER ATIONS PRIOR TO GRANTING CERTAIN 5-EASEMENTS ON STATE P ROPERTY; AND TO CLARIFY THE APPLICABILITY OF 6-STATUTORY BUILT -UPON AREA REQUIREMENTS F OR STATE AND LOCAL 7-GOVERNMENT STORMWATE R PROGRAMS AND SPECI FY THAT CERTAIN 8+ON GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN 5+EASEMENTS ON STATE PROPERTY; AND TO CLARIFY THE APPLICABILITY OF 6+STATUTORY BUILT -UPON AREA REQUIREMENTS FOR STATE AND LOCAL 7+GOVERNMENT STORMWATER PROGRAMS AND SPECIFY THAT CERTAIN 8ARTIFICIAL TURF IS NOT BUILT-UPON AREA. 9The General Assembly of North Carolina enacts: 1011@@ -25,10 +25,10 @@"§ 113A-113.1. Designation of Jockey's Ridge as an area of environmental concern. 15(a) Description. – Jockey's Ridge is the tallest active sand dune (medano) along the 16Atlantic Coast of the United States. Located within the town of Nags Head in Dare County, 17-between U.S. 158 and Roanoke Sound, Jockey 's Ridge represe nts the southern extremity of a 18+between U.S. 158 and Roanoke Sound, Jockey 's Ridge represents the southern extremity of a 18back barrier dune system which extends north along Currituck Spit into Virginia. Given the status 19of Jockey 's Ridge as a State Park, State Nature Preserve, complex natural area, and an area 20-containing a unique geological for mation as identified by the State Geologist, the General 21+containing a unique geological formation as identified by the State Geologist, the General 21Assembly designates Jockey 's Ridge as a unique coastal geological formation area of 22environmental concern, as authorized by G.S. 113A-113(b)(4)g. 23(b) Boundaries. – The boundaries of the Jockey 's Ridge area of environmental concern 24@@ -37,13 +37,17 @@the protection of the Jockey's Ridge area of environmental concern consistent with subsection (c) 27of this section. The area of environmental concern includes the entire rights -of-way of U.S. 158 28Bypass, SR 1221 (Sound Side Road), Virginia Dare Trail, and Conch Street where these roads 29-bound this ar ea. The Division of Coastal Management shall provide public access to a map 30+bound this area. The Division of Coastal Management shall provide public access to a map 30depicting the boundaries of the Jockey 's Ridge area of environmental concern by maintaining a 31copy at the Division's office and on the Division's public website. 32-(c) Use Standards. – Development within the Jockey 's Ridge area of environmental 33+(c) Use Standards. – Development within the Jockey 's Ridge area of environmental 33concern shall be consistent with the following minimum use standards: 34+FILED SENATE+Jan 29, 2025+S.B. 19+PRINCIPAL CLERKGeneral Assembly Of North Carolina Session 2025-Page 2 Senate Bill 19-First Edition+Page 2 DRS15017-NM-3(1) Development that requires the removal of greater than 10 cubic yards of sand 1per year within the area of environmental concern boundary shall require a 2permit pursuant to this Article or rules adopted thereunder. 3@@ -53,7 +57,7 @@Division of Coastal Management in consultation with the Division of Parks 7and Recreation. 8(3) Development activities shall not significantly alter or retard the free 9-movement of sand except whe n necessary for the purpose of maintaining or 10+movement of sand except when necessary for the purpose of maintaining or 10constructing a road, residential or commercial structure, accessway, lawn or 11garden, or parking area, unless allowed by the Management Plan of Jockey 's 12Ridge State Park as developed pursuant to G.S. 143B-135.52." 13@@ -71,18 +75,18 @@the easement or dumping rights until it completes both of the following requirements: 25(1) Hold a public hearing in the county where the proposed disposition is located. 26(2) Following the public hearing, submit the proposed disposition for consultation 27-with the Joint Legislative Commission on Governmental Operatio ns in 28+with the Joint Legislative Commission on Governmental Operations in 28accordance with G.S. 120-76.1(b)." 29-SECTION 2.(b) This section becomes effective August 1, 2025, and applies to 30+SECTION 2.(b) This section becomes effective August 1, 202 5, and applies to 30requests for proposed dispositions submitted to the Department of Administration for approval 31on or after that date. 3233-CLARIFY THE APPLICAB ILITY OF STATUTORY BUILT -UPON AREA 34+CLARIFY THE APPLICABILITY OF STATUTORY BUILT -UPON AREA 34REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT STORMWATER 35PROGRAMS AND SPECIFY THAT CERTAIN ARTIFICIAL TURF IS NOT 36BUILT-UPON AREA 37SECTION 3.(a) G.S. 143-214.7(b2) reads as rewritten: 38-"(b2) For purposes of implementing stor mwater programs, "built -upon area" means 39+"(b2) For purposes of implementing stormwater programs, "built -upon area" means 39impervious surface and partially impervious surface to the extent that the partially impervious 40surface does not allow water to infiltrate through the surface and into the subsoil. "Built -upon 41area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57 42@@ -90,22 +94,22 @@thick over a geotextile fabric; a trail as defined in G.S. 113A-85 that is either unpaved or paved 44as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters 45per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, 46-mulch, sand, and vegetation, placed on areas t hat receive pedestrian or bicycle traffic or on 47+mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on 47portions of driveways and parking areas that will not be compacted by the weight of a vehicle, 48such as the area between sections of pavement that support the weight of a vehicle. The owner 49or developer of a property may opt out of any of the exemptions from "built -upon area" set out 50General Assembly Of North Carolina Session 2025-Senate Bill 19-First Edition Page 3+DRS15017-NM-3 Page 3in this subsection. For State stormwater programs and local stormwater programs approved 1pursuant to subsection (d) of this section, all of the following shall apply: 2(1) The volume, velocity, and discharge rates of water associated with the 3one-year, 24 -hour storm and the difference in stormwater runoff from the 4-predevelopment and postdevelopment conditions for the one -year, 24-hour 5-storm shall be calculated using any acceptab le engineering hydrologic and 6+predevelopment and postdevelopment conditions for the one -year, 24 -hour 5+storm shall be calculated using any acceptable engineering hydrologic and 6hydraulic methods. 7(2) Development may occur within the area that would otherwise be required to 8be placed within a vegetative buffer required by the Commission pursuant to 9-G.S. 143-214.1 and this section provided the stormwat er runoff from the 10+G.S. 143-214.1 and this section provided the stormwater runoff from the 10entire impervious area of the development is collected, treated, and discharged 11so that it passes through a segment of the vegetative buffer and is managed so 12that it otherwise complies with all applicable State and federal stormwater 13@@ -116,28 +120,28 @@(3) The requirements that apply to development activities within one-half mile of 18and draining to Class SA waters or within one -half mile of Class SA waters 19and draining to unnamed freshwater tributaries shall not apply to development 20-activities and associated stormwater dis charges that do not occur within 21+activities and associated stormwater discharges that do not occur within 21one-half mile of and draining to Class SA waters or are not within one -half 22mile of Class SA waters and draining to unnamed freshwater tributaries." 23-SECTION 3.(b) Article 21 of Chapter 143 of the General Statutes is amende d by 24+SECTION 3.(b) Article 21 of Chapter 143 of the General Statutes is amended by 24adding a new section to read: 25"§ 143-214.7D. Limitations on built-upon area requirements. 26(a) As used in this section, the term "built-upon area " means impervious surface and 27partially impervious surface to the extent that the partially impervious surface does not allow 28water to infiltrate through the surface and into the subsoil. 29-(b) For the purposes of implementing State or local government storm water programs, 30+(b) For the purposes of implementing State or local government stormwater programs, 30none of the following surfaces shall be considered "built-upon area" or an impervious or partially 31impervious surface: 32(1) A slatted deck. 33(2) The water area of a swimming pool. 34-(3) A surface of number 57 stone, as designated by the America n Society for 35+(3) A surface of number 57 stone, as designated by the American Society for 35Testing and Materials, laid at least 4 inches thick over a geotextile fabric. 36(4) A trail as defined in G.S. 113A-85 that is either unpaved or paved as long as 37the pavement is porous with a hydraulic conductivity greater than 0.001 38centimeters per second (1.41 inches per hour). 39(5) Landscaping material, including, but not limited to, gravel, mulch, sand, and 40vegetation, placed on areas that receive pedestrian or bicycle traffic or on 41-portions of driveways and parking areas that will not be com pacted by the 42+portions of driveways and parking areas that will not be compacted by the 42weight of a vehicle, such as the area between sections of pavement that support 43the weight of a vehicle. 44(6) Artificial turf, manufactured to allow water to drain through the backing of 45@@ -145,19 +149,19 @@pervious surface. 47(c) The owner or developer of a property may opt out of any of the exemptions from 48"built-upon area" set out in subsection (b) of this section. 49-(d) Except as specifically required by federal law, a local government m ay not enact, 50+(d) Except as specifically required by federal law, a local government may not enact, 50implement, or enforce a local government ordinance, comprehensive plan, or stormwater 51General Assembly Of North Carolina Session 2025-Page 4 Senate Bill 19-First Edition+Page 4 DRS15017-NM-3program that establishes a definition of "built-upon area" or impervious surface that does not 1comply with subsection (b) of this section. This limitation shall apply regardless of any authority 2granted by G.S. 143-214.5, G.S. 143-214.7, or Chapter 153A, 160A, or 160D of the General 3Statutes. 4(e) The Commission may adopt rules to implement this section." 5SECTION 3.(c) Each unit of local government that operates a stormwater program 6-shall update its program to be consistent with G.S. 143-214.7D, as enacted by subsection (b) of 7+shall update its program to be consistent with G.S. 143-214.7D, as enacted by subsection (b) of 7this section. 89EFFECTIVE DATE 10-SECTION 4. Except as otherwise provided, this act is effective when it becomes 11+SECTION 4. Except as otherwise provided, this act is effective when it becomes 11law. 12
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