H.B. 579
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 5, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10203-RIf-8
Short Title: Amend Certain DEQ/EPA Agreements/Proceedings. (Public)
Sponsors: Representative Brody.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO AMEND SEDIMENTATION CONTROL PERMITTING REQUIREMENTS, TO
3 ESTABLISH NEW REQUIREMENTS FOR MEMORANDUMS OF AGREEMENT
4 BETWEEN THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE
5 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, TO REQUIRE
6 GENERAL ASSEMBLY APPROVAL FOR RULEMAKING TO INCORPORATE BY
7 REFERENCE FEDERAL ENVIRONMENTAL REGULATIONS, TO REVISE
8 APPOINTMENTS TO THE SEDIMENTATION CONTROL COMMISSION, TO
9 ESTABLISH THE ENVIRONMENTAL POLICY COUNCIL, AND TO MAKE OTHER
10 CHANGES TO THE ADMINISTRATION OF ENVIRONMENTAL PROGRAMS IN
11 NORTH CAROLINA.
12 The General Assembly of North Carolina enacts:
13
14 ELIMINATE PERMITTING REDUNDANCIES WHEN NCG01 REQUIRED
15 SECTION 1.(a) G.S. 113A-57 is rewritten to read:
16 "§ 113A-57. Mandatory standards for land-disturbing activity.
17 No land-disturbing activity subject to this Article shall be undertaken except in accordance
18 with the following mandatory requirements:
19 (1) No land-disturbing activity during periods of construction or improvement to
20 land shall be permitted in proximity to a lake or natural watercourse unless a
21 buffer zone is provided along the margin of the watercourse of sufficient width
22 to confine visible siltation within the twenty-five percent (25%) of the buffer
23 zone nearest the land-disturbing activity. Waters that have been classified as
24 trout waters by the Environmental Management Commission shall have an
25 undisturbed buffer zone 25 feet wide or of sufficient width to confine visible
26 siltation within the twenty-five percent (25%) of the buffer zone nearest the
27 land-disturbing activity, whichever is greater. Provided, however, that the
28 Sedimentation Control Commission may approve plans which include
29 land-disturbing activity along trout waters when the duration of said
30 disturbance would be temporary and the extent of said disturbance would be
31 minimal. This subdivision shall not apply to a land-disturbing activity in
32 connection with the construction of facilities to be located on, over, or under
33 a lake or natural watercourse.
34 (2) The angle for graded slopes and fills shall be no greater than the angle that can
35 be retained by vegetative cover or other adequate erosion-control devices or
36 structures. In any event, slopes left exposed will, within 21 calendar days of
*DRH10203-RIf-8*
 General Assembly Of North Carolina Session 2023
1 completion of any phase of grading, be planted or otherwise provided with
2 temporary or permanent ground cover, devices, or structures sufficient to
3 restrain erosion.
4 (3) Whenever land-disturbing activity that will disturb more than one acre is
5 undertaken on a tract, the person conducting the land-disturbing activity shall
6 install erosion and sedimentation control devices and practices that are
7 sufficient to retain the sediment generated by the land-disturbing activity
8 within the boundaries of the tract during construction upon and development
9 of the tract, and shall plant or otherwise provide a permanent ground cover
10 sufficient to restrain erosion after completion of construction or development
11 within a time period to be specified by rule of the Commission. Requirements
12 for ground cover necessary to terminate coverage under an erosion and
13 sedimentation control plan, whether those requirements are established by
14 State law or a local government that administers a delegated erosion and
15 sedimentation control program, shall not exceed the requirements for final
16 vegetative or non-vegetative stabilization set forth in Part 2.2.14c. of the
17 National Pollutant Discharge Elimination System (NPDES) Construction
18 General Permit (CGP) for Stormwater Discharges from Construction
19 Activities issued by the United States Environmental Protection Agency as
20 noticed at 87 Federal Register 3522.
21 (4) No person shall initiate any land-disturbing activity that will disturb more than
22 one acre on a tract unless, 30 or more days prior to initiating the activity, an
23 erosion and sedimentation control plan for the activity is filed with the agency
24 having jurisdiction and approved by the agency. An erosion and sedimentation
25 control plan may be filed less than 30 days prior to initiation of a
26 land-disturbing activity if the plan is submitted under an approved express
27 permit program, and the land-disturbing activity may be initiated and
28 conducted in accordance with the plan once the plan has been approved. The
29 agency having jurisdiction shall forward to the Director of the Division of
30 Water Resources a copy of each erosion and sedimentation control plan for a
31 land-disturbing activity that involves the utilization of ditches for the purpose
32 of de-watering or lowering the water table of the tract.
33 (5) The land-disturbing activity shall be conducted in accordance with the
34 approved erosion and sedimentation control plan.
35 (6) For persons initiating land-disturbing activity that are required to obtain
36 coverage under NPDES General Permit No. NCG01000 (NCG01), the
37 requirements of subdivision (4) of this section shall be satisfied through
38 application for and receipt of the NCG01. To avoid duplication of effort on
39 the part of persons initiating such activity, unnecessary delays in project
40 development, and inefficient use of Department personnel as a result of
41 redundant review of such information, no additional or different requirements
42 shall be imposed for the submission or approval of an erosion and
43 sedimentation control plan beyond that required for the NCG01 permit,
44 whether such permit is issued by the Department or by a local government
45 pursuant to G.S. 113A-60(a3)."
46 SECTION 1.(b) The Commission shall adopt temporary rules to implement the
47 requirements for ground cover established by G.S. 113A-57(3), as amended by Section 1(a) of
48 this act. Temporary rules adopted in accordance with this subsection shall remain in effect until
49 permanent rules that replace the temporary rules become effective.
50 SECTION 1.(c) This section is effective when it becomes law and applies to
51 applications for permits for land-disturbing activities submitted on or after that date.
Page 2 DRH10203-RIf-8
 General Assembly Of North Carolina Session 2023
1 SECTION 2.(a) G.S. 113A-54 reads as rewritten:
2 "§ 113A-54. Powers and duties of the Commission.
3 (a) The Commission shall, in cooperation with the Secretary of Transportation and other
4 appropriate State and federal agencies, develop, promulgate, publicize, and administer a
5 comprehensive State erosion and sedimentation control program.
6 (b) The Commission shall develop and adopt and shall revise as necessary from time to
7 time, rules and regulations for the control of erosion and sedimentation resulting from
8 land-disturbing activities. The Commission shall adopt or revise its rules and regulations in
9 accordance with Chapter 150B of the General Statutes.
10 (c) The rules and regulations adopted pursuant to G.S. 113A-54(b) for carrying out the
11 erosion and sedimentation control program shall:shall include all of the following:
12 (1) Be based upon relevant physical and developmental information concerning
13 the watershed and drainage basins of the State, including, but not limited to,
14 data relating to land use, soils, hydrology, geology, grading, ground cover,
15 size of land area being disturbed, proximate water bodies and their
16 characteristics, transportation, and public facilities and services;services.
17 (2) Include such survey of lands and waters as may be deemed appropriate by the
18 Commission or required by any applicable laws to identify those areas,
19 including multijurisdictional and watershed areas, with critical erosion and
20 sedimentation problems; andproblems.
21 (3) Contain conservation standards for various types of soils and land uses, which
22 standards shall include criteria and alternative techniques and methods for the
23 control of erosion and sedimentation resulting from land-disturbing activities.
24 (4) Standards, policies, and procedures for permitting of grading to be adopted by
25 any local government operating an approved erosion and sedimentation
26 control program within its jurisdiction. A separate permit shall not be required
27 for grading, however, where the grading is to be conducted as part of
28 land-disturbing activity that is required to obtain coverage under NPDES
29 General Permit No. NCG01000 (NCG01) or have an approved erosion and
30 sedimentation control plan pursuant to the requirements of this Article. Where
31 a grading permit is required as part of land-disturbing activity that is not
32 required to obtain coverage under the NCG01 or have an approved erosion
33 and sedimentation control plan pursuant to the requirements of this Article, no
34 fee shall be charged in association with the grading permit.
35 (d) In implementing the erosion and sedimentation control program, the Commission
36 shall:
37 (1) Assist and encourage local governments in developing erosion and
38 sedimentation control programs and, as a part of this assistance, the
39 Commission shall develop a model local erosion and sedimentation control
40 ordinance. The Commission shall approve, approve as modified, or
41 disapprove local programs submitted to it pursuant to G.S. 113A-60.
42 (2) Assist and encourage other State agencies in developing erosion and
43 sedimentation control programs to be administered in their jurisdictions. The
44 Commission shall approve, approve as modified, or disapprove programs
45 submitted pursuant to G.S. 113A-56 and from time to time shall review these
46 programs for compliance with rules adopted by the Commission and for
47 adequate enforcement.
48 (3) Develop recommended methods of control of sedimentation and prepare and
49 make available for distribution publications and other materials dealing with
50 sedimentation control techniques appropriate for use by persons engaged in
51 land-disturbing activities, general educational materials on erosion and
DRH10203-RIf-8 Page 3
 General Assembly Of North Carolina Session 2023
1 sedimentation control, and instructional materials for persons involved in the
2 enforcement of this Article and erosion and sedimentation control rules,
3 ordinances, regulations, and plans.
4 (4) Require submission of erosion and sedimentation control plans by those
5 responsible for initiating land-disturbing activities for approval prior to
6 commencement of the activities.
7 (e) To assist it in developing the erosion and sedimentation control program required by
8 this Article, the Commission is authorized to appoint an advisory committee consisting of
9 technical experts in the fields of water resources, soil science, engineering, and landscape
10 architecture.
11 (f) Repealed by Session Laws 1987, c. 827, s. 10, effective August 13, 1987.
12 (g) The Commission is authorized to make the final decision on a request for the
13 remission of a civil penalty under G.S. 113A-64.2."
14 SECTION 2.(b) The Commission shall adopt temporary rules to implement the
15 requirements of G.S. 113A-54(c)(4), as enacted by subsection (a) of this section, no later than 60
16 days after this act becomes law. Temporary rules adopted in accordance with this subsection shall
17 remain in effect until permanent rules that replace the temporary rules become effective.
18 SECTION 2.(c) Any local government operating an approved erosion and
19 sedimentation control program within its jurisdiction on the date this act becomes law shall, no
20 later than October 1, 2023, submit to the Commission for its approval standards, policies, and
21 procedures for permitting of grading to be adopted by the local government and incorporated into
22 its erosion and sedimentation control program for its jurisdiction in compliance with rules
23 adopted by the Commission pursuant to G.S. 113A-54(c)(4), as enacted by subsection (b) of this
24 section. All grading permit standards, policies, and procedures of such local governments in
25 effect when this act becomes law shall remain in effect until December 31, 2023, but thereafter
26 shall be void and unenforceable, until such time as the Commission has approved new or revised
27 standards, policies, and procedures for permitting of grading to be adopted by the local
28 government and incorporated into the erosion and sedimentation control program for its
29 jurisdiction in compliance with rules adopted by the Commission pursuant to
30 G.S. 113A-54(c)(4), as enacted by Section 2(b) of this act. Where a local government has issued
31 a grading permit for a multiyear project, however, that permit shall nonetheless remain in effect
32 until the termination of the project, and no modifications to such a permit that would result in
33 additional cost to the permittee shall be allowed. The submittal required herein may be done in
34 conjunction with the submittal required pursuant to Section 3(b) of this act.
35
36 REQUIRED REVISIONS TO LOCAL SEDIMENTATION CONTROL
37 PROGRAMS/STRINGENCY LIMITATIONS/AUTHORIZATION TO ISSUE NCG01
38 SECTION 3.(a) G.S. 113A-60 reads as rewritten:
39 "§ 113A-60. Local erosion and sedimentation control programs.
40 (a) A local government may submit to the Commission for its approval an erosion and
41 sedimentation control program for its jurisdiction and may adopt ordinances and regulations
42 necessary to establish and enforce erosion and sedimentation control programs. An ordinance
43 adopted by a local government may establish a fee for the review of an erosion and sedimentation
44 control plan and related activities. The fee shall be calculated on the basis of either the number
45 of acres disturbed or in the case of a single-family lot in a residential development or common
46 plan of development that is less than one acre set at no more than one hundred dollars ($100.00)
47 per lot developed. Local governments are authorized to create or designate agencies or
48 subdivisions of local government to administer and enforce the programs. Except as otherwise
49 provided in this Article, an ordinance adopted by a local government shall at least meet and may
50 exceed the minimum requirements of this Article and the rules adopted pursuant to this Article.
Page 4 DRH10203-RIf-8
 General Assembly Of North Carolina Session 2023
1 (a1) Two or more units of local government are authorized to establish a joint program
2 and to enter into any agreements that are necessary for the proper administration and enforcement
3 of the program. The resolutions establishing any joint program must be duly recorded in the
4 minutes of the governing body of each unit of local government participating in the program, and
5 a certified copy of each resolution must be filed with the Commission.
6 (a2) The requirements of an approved local sediment