Bill Summary for H 426 (2023-2024)

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Summary date: 

May 9 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 426 (Public) Filed Tuesday, March 21, 2023
AN ACT TO DIRECT THE COASTAL RESOURCES COMMISSION TO IMPLEMENT A RULE DESIGNATING JOCKEY'S RIDGE STATE PARK AS AN AREA OF ENVIRONMENTAL CONCERN UNTIL PERMANENT RULES ARE ADOPTED; TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO HOLD A PUBLIC HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN EASEMENTS ON STATE PROPERTY; AND TO CLARIFY THE APPLICABILITY OF STATUTORY BUILT-UPON AREA REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT STORMWATER PROGRAMS AND SPECIFY THAT CERTAIN ARTIFICIAL TURF IS NOT BUILT-UPON AREA.
Intro. by Gillespie, Clampitt, D. Hall, Pless.

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Bill summary

Senate amendment to the second edition makes the following changes. 

Removes provisions directing the Coastal Resources Commission (Commission) to: (1) implement the Jockey's Ridge Area of Environmental Concern, 15A NCAC 7H. 0508, (2) to approve a map identifying the boundaries of the Jockey's Ridge area of environmental concern for purposes of implementing these requirements by June 1, 2024, and (3) to adopt proposed rule 15A NCAC 7H .0508 as a permanent rule as soon as practicable, but no later than November 1, 2024.

Adds new GS 113A-113.1, designating Jockey's Ridge (the tallest active sand dune along the Atlantic Coast of the US) as a unique coastal geological formation area of environmental concern. Describes the boundaries of Jockey Ridge's area of environmental concern. Specifies the following three use standards that development within the area of environmental concern must follow:  (1) requires a permit for development requiring the removal of greater than ten cubic yards of sand per year; (2) any sand that is removed must be deposited at locations within the Jockey's Ridge State Park designated by the Division of Coastal Management in consultation with the Division of Parks and Recreation; and (3) development activities cannot significantly alter or retard the free movement of sand except when necessary for the purpose of maintaining or constructing a road, residential or commercial structure, accessway, lawn or garden, or parking area, unless allowed by the Management Plan of Jockey's Ridge State Park. 

Makes conforming changes to act's title.