North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S19 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 19
	3	+	S D
	4	+	SENATE BILL DRS15017-NM-3
	5	+
5	6
6	7
7	8		Short Title: Various Environmental Amendments. (Public)
8	9		Sponsors: Senator Hanig (Primary Sponsor).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~January 30, 2025~~
11		-	~~S19-v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15017 -NM-3
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO DESIGNATE JOCKEY 'S RIDGE AS AN AREA OF ENVIRONMENTAL 2
14	15		CONCERN; TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO HOLD A 3
15	16		PUBLIC HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION 4
16	17		ON GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN 5
17	18		EASEMENTS ON STATE PROPERTY; AND TO CLARIFY THE APPLICABILITY OF 6
18	19		STATUTORY BUILT-UPON AREA REQUIREMENTS FOR STATE AND LOCAL 7
19	20		GOVERNMENT STORMWATER PROGRAMS AND SPECIFY THAT CERTAIN 8
20	21		ARTIFICIAL TURF IS NOT BUILT-UPON AREA. 9
21	22		The General Assembly of North Carolina enacts: 10
22	23		11
23	24		DESIGNATE JOCKEY 'S RIDGE AS AN AREA OF ENVIRONMENTAL CONCERN 12
24	25		SECTION 1. Article 7 of Chapter 113A of the General Statutes is amended by 13
25	26		adding a new section to read: 14
26	27		"§ 113A-113.1. Designation of Jockey's Ridge as an area of environmental concern. 15
27	28		(a) Description. – Jockey's Ridge is the tallest active sand dune (medano) along the 16
28	29		Atlantic Coast of the United States. Located within the town of Nags Head in Dare County, 17
29	30		between U.S. 158 and Roanoke Sound, Jockey's Ridge represents the southern extremity of a 18
30	31		back barrier dune system which extends north along Currituck Spit into Virginia. Given the status 19
31	32		of Jockey's Ridge as a State Park, State Nature Preserve, complex natural area, and an area 20
32	33		containing a unique geological formation as identified by the State Geologist, the General 21
33	34		Assembly designates Jockey's Ridge as a unique coastal geological formation area of 22
34	35		environmental concern, as authorized by G.S. 113A-113(b)(4)g. 23
35	36		(b) Boundaries. – The boundaries of the Jockey's Ridge area of environmental concern 24
36	37		shall be as depicted on a map approved by the Coastal Resources Commission on December 4, 25
37	38		1987. The Coastal Resources Commission may approve subsequent maps as needed to effectuate 26
38	39		the protection of the Jockey's Ridge area of environmental concern consistent with subsection (c) 27
39	40		of this section. The area of environmental concern includes the entire rights-of-way of U.S. 158 28
40	41		Bypass, SR 1221 (Sound Side Road), Virginia Dare Trail, and Conch Street where these roads 29
41	42		bound this area. The Division of Coastal Management shall provide public access to a map 30
42	43		depicting the boundaries of the Jockey's Ridge area of environmental concern by maintaining a 31
43	44		copy at the Division's office and on the Division's public website. 32
44	45		(c) Use Standards. – Development within the Jockey's Ridge area of environmental 33
45		-	concern shall be consistent with the following minimum use standards: 34 General Assembly Of North Carolina Session 2025
46		-	Page 2 Senate Bill 19-First Edition
	46	+	concern shall be consistent with the following minimum use standards: 34
	47	+	FILED SENATE
	48	+	Jan 29, 2025
	49	+	S.B. 19
	50	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRS15017-NM-3
47	52		(1) Development that requires the removal of greater than 10 cubic yards of sand 1
48	53		per year within the area of environmental concern boundary shall require a 2
49	54		permit pursuant to this Article or rules adopted thereunder. 3
50	55		(2) All sand that is removed from within the area of environmental concern 4
51	56		boundary in accordance with subdivision (1) of this subsection shall be 5
52	57		deposited at locations within the Jockey's Ridge State Park designated by the 6
53	58		Division of Coastal Management in consultation with the Division of Parks 7
54	59		and Recreation. 8
55	60		(3) Development activities shall not significantly alter or retard the free 9
56	61		movement of sand except when necessary for the purpose of maintaining or 10
57	62		constructing a road, residential or commercial structure, accessway, lawn or 11
58	63		garden, or parking area, unless allowed by the Management Plan of Jockey's 12
59	64		Ridge State Park as developed pursuant to G.S. 143B-135.52." 13
60	65		14
61	66		REQUIRE THE DEPARTMENT OF ADMINISTRATION TO HOLD A PUBLIC 15
62	67		HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION ON 16
63	68		GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN EASEMENTS 17
64	69		ON STATE PROPERTY 18
65	70		SECTION 2.(a) Article 7 of Chapter 146 of the General Statutes is amended by 19
66	71		adding a new section to read: 20
67	72		"§ 146-29.3. Disposition of easements for spoil disposal and dumping rights. 21
68	73		Notwithstanding G.S. 146-11, if a proposed disposition is an easement for disposal of spoil 22
69	74		materials lawfully dug or dredged from navigable waters, or dumping rights for spoil materials 23
70	75		lawfully dug or dredged from navigable waters, the Department of Administration may not grant 24
71	76		the easement or dumping rights until it completes both of the following requirements: 25
72	77		(1) Hold a public hearing in the county where the proposed disposition is located. 26
73	78		(2) Following the public hearing, submit the proposed disposition for consultation 27
74	79		with the Joint Legislative Commission on Governmental Operations in 28
75	80		accordance with G.S. 120-76.1(b)." 29
76	81		SECTION 2.(b) This section becomes effective August 1, 2025, and applies to 30
77	82		requests for proposed dispositions submitted to the Department of Administration for approval 31
78	83		on or after that date. 32
79	84		33
80	85		CLARIFY THE APPLICABILITY OF STATUTORY BUILT -UPON AREA 34
81	86		REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT STORMWATER 35
82	87		PROGRAMS AND SPECIFY THAT CERTAIN ARTIFICIAL TURF IS NOT 36
83	88		BUILT-UPON AREA 37
84	89		SECTION 3.(a) G.S. 143-214.7(b2) reads as rewritten: 38
85	90		"(b2) For purposes of implementing stormwater programs, "built-upon area" means 39
86	91		impervious surface and partially impervious surface to the extent that the partially impervious 40
87	92		surface does not allow water to infiltrate through the surface and into the subsoil. "Built-upon 41
88	93		area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57 42
89	94		stone, as designated by the American Society for Testing and Materials, laid at least four inches 43
90	95		thick over a geotextile fabric; a trail as defined in G.S. 113A-85 that is either unpaved or paved 44
91	96		as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters 45
92	97		per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, 46
93	98		mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on 47
94	99		portions of driveways and parking areas that will not be compacted by the weight of a vehicle, 48
95	100		such as the area between sections of pavement that support the weight of a vehicle. The owner 49
96	101		or developer of a property may opt out of any of the exemptions from "built-upon area" set out 50 General Assembly Of North Carolina Session 2025
97		-	~~Senate Bill 19-First Edition~~ Page 3
	102	+	DRS15017-NM-3 Page 3
98	103		in this subsection. For State stormwater programs and local stormwater programs approved 1
99	104		pursuant to subsection (d) of this section, all of the following shall apply: 2
100	105		(1) The volume, velocity, and discharge rates of water associated with the 3
101	106		one-year, 24-hour storm and the difference in stormwater runoff from the 4
102	107		predevelopment and postdevelopment conditions for the one-year, 24-hour 5
103	108		storm shall be calculated using any acceptable engineering hydrologic and 6
104	109		hydraulic methods. 7
105	110		(2) Development may occur within the area that would otherwise be required to 8
106	111		be placed within a vegetative buffer required by the Commission pursuant to 9
107	112		G.S. 143-214.1 and this section provided the stormwater runoff from the 10
108	113		entire impervious area of the development is collected, treated, and discharged 11
109	114		so that it passes through a segment of the vegetative buffer and is managed so 12
110	115		that it otherwise complies with all applicable State and federal stormwater 13
111	116		management requirements. For the purpose of this subdivision, the entire 14
112	117		impervious area of the development shall not include any portion of a project 15
113	118		that is within a North Carolina Department of Transportation or municipal 16
114	119		right-of-way. 17
115	120		(3) The requirements that apply to development activities within one-half mile of 18
116	121		and draining to Class SA waters or within one-half mile of Class SA waters 19
117	122		and draining to unnamed freshwater tributaries shall not apply to development 20
118	123		activities and associated stormwater discharges that do not occur within 21
119	124		one-half mile of and draining to Class SA waters or are not within one-half 22
120	125		mile of Class SA waters and draining to unnamed freshwater tributaries." 23
121	126		SECTION 3.(b) Article 21 of Chapter 143 of the General Statutes is amended by 24
122	127		adding a new section to read: 25
123	128		"§ 143-214.7D. Limitations on built-upon area requirements. 26
124	129		(a) As used in this section, the term "built-upon area" means impervious surface and 27
125	130		partially impervious surface to the extent that the partially impervious surface does not allow 28
126	131		water to infiltrate through the surface and into the subsoil. 29
127	132		(b) For the purposes of implementing State or local government stormwater programs, 30
128	133		none of the following surfaces shall be considered "built-upon area" or an impervious or partially 31
129	134		impervious surface: 32
130	135		(1) A slatted deck. 33
131	136		(2) The water area of a swimming pool. 34
132	137		(3) A surface of number 57 stone, as designated by the American Society for 35
133	138		Testing and Materials, laid at least 4 inches thick over a geotextile fabric. 36
134	139		(4) A trail as defined in G.S. 113A-85 that is either unpaved or paved as long as 37
135	140		the pavement is porous with a hydraulic conductivity greater than 0.001 38
136	141		centimeters per second (1.41 inches per hour). 39
137	142		(5) Landscaping material, including, but not limited to, gravel, mulch, sand, and 40
138	143		vegetation, placed on areas that receive pedestrian or bicycle traffic or on 41
139	144		portions of driveways and parking areas that will not be compacted by the 42
140	145		weight of a vehicle, such as the area between sections of pavement that support 43
141	146		the weight of a vehicle. 44
142	147		(6) Artificial turf, manufactured to allow water to drain through the backing of 45
143	148		the turf, and installed according to the manufacturer's specifications over a 46
144	149		pervious surface. 47
145	150		(c) The owner or developer of a property may opt out of any of the exemptions from 48
146	151		"built-upon area" set out in subsection (b) of this section. 49
147	152		(d) Except as specifically required by federal law, a local government may not enact, 50
148	153		implement, or enforce a local government ordinance, comprehensive plan, or stormwater 51 General Assembly Of North Carolina Session 2025
149		-	Page 4 ~~Senate Bill 19-First Edition~~
	154	+	Page 4 DRS15017-NM-3
150	155		program that establishes a definition of "built-upon area" or impervious surface that does not 1
151	156		comply with subsection (b) of this section. This limitation shall apply regardless of any authority 2
152	157		granted by G.S. 143-214.5, G.S. 143-214.7, or Chapter 153A, 160A, or 160D of the General 3
153	158		Statutes. 4
154	159		(e) The Commission may adopt rules to implement this section." 5
155	160		SECTION 3.(c) Each unit of local government that operates a stormwater program 6
156	161		shall update its program to be consistent with G.S. 143-214.7D, as enacted by subsection (b) of 7
157	162		this section. 8
158	163		9
159	164		EFFECTIVE DATE 10
160	165		SECTION 4. Except as otherwise provided, this act is effective when it becomes 11
161	166		law. 12