Senate committee substitute to the 3rd edition makes the following changes.
Part I.
Makes technical changes to GS 160D-702.
Amends the appropriation to the Department of Commerce so that it is for the 2026-27 (was, 2025-26) fiscal year.
Changes the effective date of Section 1 of the act to July 1, 2026 (was, 2025).
Part II.
Removes the previous changes to GS 143-214.7 and instead amends GS 143-214.7 as follows. Adds a definition of built-upon area, which is as defined in GS 143-214.7D. Amends the definition of development by removing the provision stating that when additional development occurs at a site that has existing development, the built upon area of the existing development must not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be applied retroactively to existing development, unless otherwise required by federal law. Prohibits stormwater runoff rules and program from requiring private property owners to install new or increased stormwater controls for existing built-upon areas (was, for preexisting development). Provides that when development or redevelopment happens at a site that has existing built-upon area: (1) the existing built-upon area must not be included in the density calculations for additional stormwater control requirements, irrespective of whether the existing built-upon area is to be demolished, relocated, replaced, or remains in place during development activity; (2) the existing built-upon area at the site is not subject to additional stormwater control requirements under this statute, regardless of whether the existing built-upon area is demolished, relocated, replaced, or remains in place during the development activity; (3) for purposes of determining the size of the area for which stormwater control measures are required for a development or redevelopment, built-upon area that existed before the development or redevelopment must be applied on a square-foot-for-square-foot basis to reduce the built-upon area for which stormwater control measures are required; and (4) stormwater control requirements cannot be applied retroactively to existing built-upon area, unless otherwise required by federal law. Allows a property owner to choose to treat the stormwater from the net increase in built-upon area above the existing built-upon area at the development or redevelopment (was, area above the preexisting development) in order to exceed allowable density under the applicable water supply watershed rules. Allows a local government to offer incentives that waive building, zoning, connection, or other regulations or fees, provide additional tax and financial benefits, or institute other incentives for development or redevelopment that implements additional stormwater control measures beyond those required by the statute and rules adopted under the statute.
Requires local governments that implement a stormwater management program to amend its stormwater ordinance to conform to GS 143-214.7(b3), as amended by this act, within 12 months of the effective date of this section. Voids any local stormwater ordinance that is inconsistent with GS 143-214.7(b3), as amended by this act, on and after that date. Allows a local government to adopt, amend, or repeal ordinance provisions implementing GS 143-214.7(b8) at any time after the effective date of this section.
Changes the act’s short title.

Statutes affected:
Filed: 160D-702, 143-214.7
Edition 1: 160D-702, 143-214.7
Edition 2: 160D-702
Edition 3: 160D-702, 143-214.7
Edition 4: 160D-702, 143-214.7