Enacts new GS 113A-113.1, designating Jockey's Ridge (the tallest active sand dune along the Atlantic Coast of the US) as a unique coastal geological formation area of environmental concern. Describes the boundaries of Jockey Ridge's area of environmental concern. Specifies the following three use standards that development within the area of environmental concern must follow: (1) requires a permit for development requiring the removal of greater than ten cubic yards of sand per year; (2) any sand that is removed must be deposited at locations within the Jockey's Ridge State Park designated by the Division of Coastal Management in consultation with the Division of Parks and Recreation; and (3) development activities cannot significantly alter or retard the free movement of sand except when necessary for the purpose of maintaining or constructing a road, residential or commercial structure, accessway, lawn or garden, or parking area, unless allowed by the Management Plan of Jockey's Ridge State Park.
Enacts GS 146-29.3, requiring the Department of Administration (DOA), before granting an easement upon State property for the disposal or dumping of spoil materials lawfully dug or dredged from navigable waters, to hold a public hearing where the proposed disposition is located and submit the proposed disposition for consultation with the Joint Legislative Commission on Governmental Operations. Applies to requests for proposed dispositions submitted for DOA approval on or after August 1, 2024.
Enacts GS 143-214.7D, excluding six categories of surfaces from the term built-upon area, (defined as impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil) or impervious or partially impervious surface in the context of implementing State or local government stormwater programs. Specifies that a slatted deck, the water area of a swimming pool, described stone surfaces and trails, landscaping material, and described artificial turf are exempt. Allows property owners and developers to opt out of any of the specified exemptions. Bars local governments from enforcing ordinances, plans, or stormwater programs that establish a definition of "built-upon area" or impervious surface that is inconsistent, notwithstanding specified statutory authorities. Authorizes the Commission to adopt implementing rules. Repeals GS 143-215.7(b2), which previously set forth the definition for "built-upon area", but did not include specified artificial turfs in the term's exemptions, and allowed property owners and developers to opt-out of the described exemptions. Directs local governments operating stormwater programs to update their programs consistent with new GS 143-214.7D.
Statutes affected: Filed: 143-214.7
Edition 1: 143-214.7