Present law prohibits local or regional zoning and planning regulations regarding the area from which borrow material is obtained from applying to road work construction projects for construction work performed under a contract entered into with the state as long as the borrow pit from which the material is obtained (i) is temporary, and the use of the pit does not exceed the completion date of the state project, (ii) meets all storm water runoff requirements, (iii) meets the requirements of the federal Clean Water Act and the federal Water Pollution Control Act, (iv) has a reclamation plan approved by the municipality or county in which the project is located, and (v) is not located on a street or road currently operating below level of service "C," or is located on a street or road that would be reduced below level of service "C" by traffic generated by the borrow site operation. This bill adds that the restrictions on borrow pits as described above do not apply to temporary borrow pits used for a road work construction project performed in a FEMA-certified county under a contract for construction work entered into with the state that is part of a state or local Hurricane Helene recovery effort.

Statutes affected:
Introduced: 54-1-128