AN ACT TO CLARIFY STORMWATER RUNOFF REQUIREMENTS APPLICABLE TO PREEXISTING DEVELOPMENT IN WATER SUPPLY WATERSHEDS. SL 2021-164. Enacted Oct. 8, 2021. Effective Nov. 1, 2021.
Bill Summaries: H218 (2021)
Tracking:
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Bill H 218 (2021-2022)Summary date: Oct 11 2021 - View summary
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Bill H 218 (2021-2022)Summary date: Sep 22 2021 - View summary
Senate amendment #2 to the 2nd edition, as amended, makes the following changes.
Changes the effective date of Section 1 of the act from October 1, to November 1, 2021.
Deletes all of Section 2 of the act which amended GS 160D-403 by adding that a developer expanding the footprint of buildings approved in the original development agreement by up to 20% shall not constitute a site plan modification if the agreement has been completed within the last 15 years and there has been no change in the permitted use of the property. Also deletes the directive that local governments amend their ordinances and local programs to implement the requirements of the section.
Makes conforming changes to the act's long title.
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Bill H 218 (2021-2022)Summary date: Sep 8 2021 - View summary
Senate amendment to the 2nd edition makes the following changes.
Amends GS 143-214.5 by amending the criteria that must exist before a local government implementing a water supply watershed program must allow an applicant to exceed the allowable density under the applicable water supply watershed rules; now makes the requirement that the stormwater from all of the existing and new built-upon area on the property be treated in accordance with all applicable local government, State, and federal laws and regulations, be in the sole discretion and at the voluntary election of the property owner.
Amends GS 143-214.7(b3), which prohibits stormwater runoff rules and programs from requiring private property owners to install new or increased stormwater controls for (1) preexisting development or (2) redevelopment activities that do not remove or decrease existing stormwater controls. Adds that a property owner may voluntarily elect to treat all stormwater from preexisting development or redevelopment activities, as described in that subsection, for the purpose of exceeding allowable density under the applicable water supply watershed rules. Makes conforming organizational changes to the act.
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Bill H 218 (2021-2022)Summary date: Apr 27 2021 - View summary
House committee substitute to the 1st edition makes the following changes. Amends GS 143-214.5 by deleting proposed (d3) which prohibited the Environmental Management Commission (EMC) and local governments implementing a water supply watershed protection program from applying impervious surface restrictions to the redevelopment of property when the redevelopment includes installation of a system for the collection, treatment, and discharge of stormwater runoff from both existing and redeveloped areas in a way that complies with all applicable stormwater management requirements. Instead, enacts new (d3) requiring a local government implementing a water supply watershed program to allow an applicant to exceed the allowable density under the applicable water supply watershed rules if all of the following apply: (1) the property was developed before the effective date of the local waste supply watershed program; (2) the property has not been combined with additional lots after January 1, 2021; (3) the property has not participated in a density averaging transaction; (4) the current property use is non-residential; (5) the stormwater from all of the existing and non built-upon area on the property is treated in accordance with all applicable local government, State, and federal laws and regulations; and (6) the remaining vegetated buffers on the property are preserved in accordance with the requirements of the local water supply watershed protection program. Maintains the requirement that the EMC adopt rules and for local governments to amend their ordinances and local programs to implement this act's requirements.
Amends GS 160D-403 as follows. Provides that a developer expanding the footprint of buildings approved in the original development agreement by up to 20% is not considered a site plan (was, major) modification if the agreement has been completed within the last 15 years and there has been no change in the property's permitted use.
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Bill H 218 (2021-2022)Summary date: Mar 3 2021 - View summary
Amends GS 143-214.5 by prohibiting the Environmental Management Commission (EMC) and local governments implementing a water supply watershed protection program from applying impervious surface restrictions to the redevelopment of property when the redevelopment includes installation of a system for the collection, treatment, and discharge of stormwater runoff from both existing and redeveloped areas in a way that complies with all applicable stormwater management requirements. Requires the EMC to adopt rules and for local governments to amend their ordinances and local programs to implement this act's requirements. Applies to applications for permits and other approvals received on or after October 1, 2021.
Amends GS 160D-403 as follows. The statute prohibits deviations from an application or development approval after a development approval has been issued until written approval has been obtained, and sets out the process for reviewing and approving any major modification of the approval. Adds that a developer expanding the footprint of buildings approved in the original development agreement by up to 20% is not considered a major modification if the agreement has been completed within the last 15 years and there has been no change in the property's permitted use. Requires local governments to amend their ordinances and local programs to implement this section's requirements. Applies to applications for permits and other approvals received by the local governments on or after October 1, 2021.