GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 472
Short Title: Amend 401 Certification Process. (Public)
Sponsors: Senators Jarvis, McInnis, and Moffitt (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S472 -v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIOUS CHANGES TO THE PROCESS FOR 401 WATER QUALITY 2
CERTIFICATIONS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL 3
QUALITY. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) Definitions. – For purposes of this section and its implementation, 6
"Water Quality Certification Rules" means 15A NCAC 02H .0500 (Water Quality Certification 7
Rules). 8
SECTION 1.(b) Water Quality Certification Rules. – Until the effective date of the 9
revised permanent rule that the Environmental Management Commission is required to adopt 10
pursuant to subsection (d) of this section, the Commission shall implement the Water Quality 11
Certification Rules as provided in subsection (c) of this section. 12
SECTION 1.(c) Implementation. – Notwithstanding 15A NCAC 02H .0502(a)(10), 13
the Department shall not require payment of the fee at the time an application for a water quality 14
certification is submitted. Rather, the Department shall inform an applicant of the requisite fee 15
within five business days after receipt of the application. The application will not be deemed 16
complete for purposes of Department review until the applicant has paid the requisite fee. 17
SECTION 1.(d) Additional Rulemaking Authority. – The Commission shall adopt 18
rules to amend the Water Quality Certification Rules consistent with subsection (c) of this 19
section. Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this 20
section shall be substantively identical to the provisions of subsection (c) of this section. Rules 21
adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the 22
General Statutes. Rules adopted pursuant to this section shall become effective as provided in 23
G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in 24
G.S. 150B-21.3(b2). 25
SECTION 1.(e) Sunset. – This section expires when permanent rules adopted as 26
required by subsection (d) of this section become effective. 27
SECTION 2. The Department of Environmental Quality shall request that the United 28
States Army Corps of Engineers approve a modification to the Programmatic Agreement 29
executed between the agencies to reflect the review and decision time lines for water quality 30
certifications set forth in 15A NCAC 02H .0507. 31
SECTION 3. The Department of Environmental Quality shall adopt rules to establish 32
an expedited review process for water quality certifications required for projects that have 33
received a Nationwide Permit issued by the United States Army Corps of Engineers. The 34
expedited process shall require the Department to review and approve an application for a water 35 General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 472-First Edition
quality certification within five business days of receipt of the application. Failure to take action 1
within five calendar days shall result in a waiver of the certification requirement by the Director. 2
SECTION 4. This act is effective when it becomes law. 3