FILED SENATE
Mar 29, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 389
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS15172-MH-91
Short Title: DEQ/DNCR Omnibus.-AB (Public)
Sponsors: Senators B. Jackson, Sanderson, and Edwards (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES TO THE NATURAL, ENVIRONMENTAL, AND
3 CULTURAL RESOURCES LAWS OF THE STATE, AS RECOMMENDED BY THE
4 DEPARTMENTS OF ENVIRONMENTAL QUALITY AND NATURAL AND
5 CULTURAL RESOURCES.
6 The General Assembly of North Carolina enacts:
7
8 MODIFY CONDITIONS FOR STATE FUNDING OF BEACH ACCESS PROPERTY
9 SECTION 1. G.S. 113A-134.3(c) reads as rewritten:
10 "(c) Subject to any restrictions imposed by law, any funds appropriated or otherwise made
11 available to the Public Beach and Coastal Waterfront Access Program (Program) may be used to
12 meet matching requirements for federal or other funds. The Department shall make every effort
13 to obtain funds from sources other than the General Fund to implement this program. Funds may
14 be used to acquire or develop land for pedestrian access including parking and to make grants to
15 local governments to accomplish the purposes of this Part. All acquisitions or dispositions of
16 property made pursuant to this Part shall be in accordance with the provisions of Chapter 146 of
17 the General Statutes. All grants to local governments pursuant to this Part for land acquisitions
18 shall be made on the condition that following conditions:
19 (1) the The local government agrees to transfer title to any real property acquired
20 with the grant funds to the State if dedicate acquired lands in perpetuity for
21 public access and for the benefit of the general public. The dedication shall be
22 recorded in the office of the register of deeds in the county where the dedicated
23 lands are located.
24 (2) If Program grant funds are used to acquire a lease or easement, the lease or
25 easement agreement shall have a minimum term of 25 years.
26 (3) If the local government uses the property for a purpose other than beach or
27 coastal waters access.access or elects to sell or otherwise dispose of the
28 property, the local government shall reimburse the State an amount that is the
29 greater of (i) the amount of Program grant funds provided to purchase the
30 property or (ii) an amount equal to the same proportion of the current market
31 value of the property as the proportion of the original purchase price of the
32 property funded with Program grant funds."
33
34 MODERNIZE COASTAL AREA MANAGEMENT ACT NOTIFICATION
35 REQUIREMENTS
36 SECTION 2.(a) G.S. 113A-119(b) reads as rewritten:
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 General Assembly Of North Carolina Session 2021
1 "(b) Upon receipt of any application, a significant modification to an application for a
2 major permit, or an application to modify substantially a previously issued major permit, the
3 Secretary shall issue public notice of the proposed development (i) by mailing a copy of the
4 application or modification, or a brief description thereof together with a statement indicating
5 where a detailed copy of the proposed development may be inspected, to any citizen or group
6 which has filed a request to be notified of the proposed development, and to any interested State
7 agency; (ii) with the exception of minor permit applications, by posting or causing to be posted
8 a notice at the location of the proposed development stating that an application, a modification
9 of an application for a major permit, or an application to modify a previously issued major permit
10 for development has been made, where the application or modification may be inspected, and the
11 time period for comments; and (iii) (ii) with the exception of minor permit applications, by
12 publishing notice of the application or modification at least once in one newspaper of general
13 circulation in the county or counties wherein the development would be located at least 20 days
14 before final action on a major permit or before the beginning of the hearing on a permit under
15 G.S. 113A-122. The notice shall set out that any comments on the development should be
16 submitted to the Secretary by a specified date, not less than 15 days from the date of the
17 newspaper publication of the notice or 15 days after mailing of the mailed notice, whichever is
18 later."
19 SECTION 2.(b) G.S. 113A-124(a) reads as rewritten:
20 "(a) The Secretary shall have the following additional powers and duties under this
21 Article:
22 …
23 (3) To keep a list of interested persons who wish to be notified of proposed
24 developments and proposed rules designating areas of environmental concern
25 and to so notify these persons of such proposed developments by regular mail.
26 A reasonable registration fee to defray the cost of handling and mailing notices
27 may be charged to any person who so registers with the Commission.
28 …."
29 SECTION 2.(c) This section becomes effective July 1, 2021, and applies to permit
30 applications received on or after that date.
31
32 COASTAL AREA MANAGEMENT ACT PERMIT THIRD-PARTY APPEAL REVIEW
33 TIME LINE
34 SECTION 3.(a) G.S. 113A-121.1(b) reads as rewritten:
35 "(b) A person other than a permit applicant or the Secretary who is dissatisfied with a
36 decision to deny or grant a minor or major development permit may file a petition for a contested
37 case hearing only if the Commission determines that a hearing is appropriate. A request for a
38 determination of the appropriateness of a contested case hearing shall be made in writing and
39 received by the Commission within 20 days after the disputed permit decision is made. A
40 determination of the appropriateness of a contested case shall be made within 15 30 days after a
41 request for a determination is received and shall be based on whether the person seeking to
42 commence a contested case:
43 (1) Has alleged that the decision is contrary to a statute or rule;
44 (2) Is directly affected by the decision; and
45 (3) Has alleged facts or made legal arguments that demonstrate that the request
46 for the hearing is not frivolous.
47 If the Commission determines a contested case is appropriate, the petition for a contested
48 case shall be filed within 20 days after the Commission makes its determination. A determination
49 that a person may not commence a contested case is a final agency decision and is subject to
50 judicial review under Article 4 of Chapter 150B of the General Statutes. If, on judicial review,
51 the court determines that the Commission erred in determining that a contested case would not
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1 be appropriate, the court shall remand the matter for a contested case hearing under G.S. 150B-23
2 and final decision on the permit pursuant to G.S. 113A-122. Decisions in such cases shall be
3 rendered pursuant to those rules, regulations, and other applicable laws in effect at the time of
4 the commencement of the contested case."
5 SECTION 3.(b) This section becomes effective October 1, 2021, and applies to
6 requests for determination of appropriateness received by the Coastal Resources Commission on
7 or after that date.
8
9 STORMWATER PROGRAM AMENDMENTS
10 SECTION 4.(a) G.S. 143-214.7 reads as rewritten:
11 "§ 143-214.7. Stormwater runoff rules and programs.
12 …
13 (b3) Stormwater runoff rules and programs shall not require private property owners to
14 install new or increased stormwater controls for (i) preexisting development or (ii)
15 redevelopment activities that do not remove or decrease existing stormwater controls. The
16 addition of new administrative requirements to an existing permit or certification including, but
17 not limited to, annual compliance certification requirements shall not be considered to be a new
18 or increased stormwater control. When a preexisting development is redeveloped, either in whole
19 or in part, increased stormwater controls shall only be required for the amount of impervious
20 surface being created that exceeds the amount of impervious surface that existed before the
21 redevelopment. This subsection applies to all local governments regardless of the source of their
22 regulatory authority. Local governments shall include the requirements of this subsection in their
23 stormwater ordinances.
24 (b4) New stormwater permits and stormwater permits that are reissued due to transfer,
25 modification, or renewal shall require the permittee to submit an annual certification on the
26 project's conformance with permit conditions.
27 …
28 (c5) The Department may transfer a permit issued pursuant to this section without the
29 consent of the permit holder to or of a successor-owner of the property on which the permitted
30 activity is occurring or will occur as provided in this subsection:
31 (1) The Department may transfer a permit if require the submittal of an
32 application for a permit transfer when all of the following conditions are met:
33 a. The successor-owner of the property submits to the Department a
34 written request for the transfer of the permit.
35 b. The Department finds all of the following:
36 1.a. The permit holder is one of the following:
37 I.1. A natural person who is deceased.
38 II.2. A partnership, limited liability corporation, corporation, or any
39 other business association that has been dissolved.dissolved,
40 has completed the winding up of the business as required by
41 law or equity, and does not have a successor-in-interest to the
42 permit.
43 III.3. A person or entity who has been lawfully and finally divested
44 of title to the property on which the permitted activity is
45 occurring or will occur.occur through foreclosure, bankruptcy,
46 or other legal proceeding.
47 IV.4. A person or entity who has sold the property on which the
48 permitted activity is occurring or will occur.
49 b. The successor-owner is one of the following:
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1 2.1. The successor-owner holds A person or entity holding title to
2 the property on which the permitted activity is occurring or will
3 occur.
4 3.2. The successor-owner is the sole The claimant of the right to
5 engage in the permitted activity.
6 3. An association, as defined in G.S. 47C-1-103 or
7 G.S. 47F-1-103.
8 4. Any other natural person, group of persons, or entity deemed
9 appropriate by the Department to operate and maintain the
10 permit.
11 4.c. There will be no substantial change in the permitted activity.
12 (1a) The permit transfer application shall be submitted jointly by the permit holder
13 and the successor-owner except that the successor-owner may solely submit
14 the application in any of the following circumstances:
15 a. The permit holder is a natural person who is deceased or is a business
16 association that is described by sub-sub-subdivision (1)a.2. of this
17 subsection.
18 b. The successor-owner requests that the Department accept the
19 application without the signature of the permit holder.
20 (1b) When the permit transfer conditions set forth in subdivision (1) of this
21 subsection are met on or after July 1, 2021, the Department shall require that
22 a permit transfer application be submitted within 90 days.
23 (1c) When the permit transfer conditions set forth in subdivision (1) of this
24 subsection were met prior to July 1, 2021, the Department may request a
25 permit transfer application at any time after determining that the permit
26 transfer conditions have been met and may require this application be
27 submitted within 180 days of the request. Where a permit holder can
28 demonstrate to the Department that the activity on the property was in
29 substantial compliance with its permit in the period either 12 months
30 immediately before or after the conditions of subdivision (1) of this subsection
31 were met, then the requirements included in subdivision (1d) of this
32 subsection shall be the sole responsibility of the successor-owner.
33 (1d) If the activity on the property does not conform to the approved plans and
34 permit conditions, then the permit transfer application shall include one of the
35 following:
36 a. A written schedule of actions to bring permitted activities into
37 compliance with the approved plans and permit conditions within one
38 calendar year.
39 b. If there has been or will be a modification to the permitted activity, an
40 application for a permit modification. For low density permits, the
41 permit modification application may include a request for an updated
42 built-upon area limit pursuant to subsection (c6) of this section.
43 (2) The permit holder shall comply with all terms and conditions of the permit
44 until such time as the permit is transferred.
45 (3) The successor-owner shall comply with all terms and conditions of the permit
46 once the permit has been transferred.
47 (4) Notwithstanding changes to law made after the original issuance of the permit,
48 the Department may shall not impose new or different terms and conditions
49 in the permit design standards on the project without the prior express consent
50 of the successor-owner.
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1 (c6) With respect to low density permits issued prior to January 1, 2017, that have
2 exceeded a permitted built-upon area limit, the permittee may submit an application for a permit
3 modification that limits built-upon area to the current level. If this request is granted, then the
4 Department shall reissue the permit with an updated built-upon area limit as follows:
5 (1) If the built-upon area for the project is less than or equal to one hundred ten
6 percent (110%) of the maximum allowable built-upon area for the low density
7 permits, the Department shall issue an updated permit based on the current
8 amount of built-upon area. The permittee shall include compliance with the
9 updated built-upon area limit in the annual certification required by subsection
10 (b4) of this section.
11 (2) If the built-upon area exceeds one hundred ten percent (110%) of the
12 maximum allowable built-upon area for low density permits at the time of
13 permit issuance, then the Department shall require the permittee to mitigate
14 the impacts of the excess built-upon area to the greatest extent practicable by
15 the addition of one or more stormwater control measures on the property
16 before issuing an updated permit.
17 …."
18 SECTION 4.(b) Low density stormwater certifications and approvals issued prior to
19 September 1, 1995, are revoked as of January 1, 2022, and the built-upon area shall be considered
20 as existing development for purposes of G.S.