CLARIFY WETLANDS PERMITTING

View NCGA Bill Details2013-2014 Session
House Bill 938 (Public) Filed Thursday, April 11, 2013
AN ACT TO PROVIDE THAT A WATER QUALITY PERMIT IS NOT REQUIRED FOR ACTIVITIES IN WETLANDS THAT ARE NOT WATERS OF THE UNITED STATES.
Intro. by Lewis.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (Jul 26 2013)

SOG comments (2):

Long title change.

House committee substitute changes the long title. The original long title is as follows:

A BILL TO BE ENTITLED AN ACT TO (1) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE DEPARTMENT OF TRANSPORTATION TO JOINTLY PETITION THE WILMINGTON DISTRICT OF THE UNITED STATES ARMY CORPS OF ENGINEERS TO ALLOW FOR GREATER FLEXIBILITY AND OPPORTUNITY TO PERFORM WETLANDS MITIGATION BEYOND THE IMMEDIATE WATERSHED WHERE DEVELOPMENT WILL OCCUR, (2) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE ENVIRONMENTAL MANAGEMENT COMMISSION TO REVIEW FEES CHARGED BY THE ECOSYSTEM ENHANCEMENT PROGRAM; AND (3) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY WHETHER THE STATE SHOULD ASSUME ADMINISTRATION OF THE SECTION 404 PERMITTING PROGRAM.

Short and Long Title Change.

Senate committee substitute changes the short and long titles.  The previous titles are found below:

 

IMPROVE WETLANDS MITIGATION PROGRAMS.

 

A BILL TO BE ENTITLED AN ACT TO (1) CLARIFY THE FUNCTIONAL VALUE OF ISOLATED WETLANDS AND INTERMITTENT STREAMS, (2) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE DEPARTMENT OF TRANSPORTATION TO JOINTLY PETITION THE WILMINGTON DISTRICT OF THE UNITED STATES ARMY CORPS OF ENGINEERS TO ALLOW FOR GREATER FLEXIBILITY AND OPPORTUNITY TO PERFORM WETLANDS MITIGATION BEYOND THE IMMEDIATE WATERSHED WHERE DEVELOPMENT WILL OCCUR, AND (3) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE ENVIRONMENTAL MANAGEMENT COMMISSION TO REVIEW FEES CHARGED BY THE ECOSYSTEM ENHANCEMENT PROGRAM.

H 938

Bill Summaries:

  • Summary date: Jul 25 2013 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends the short and long title.

    Deletes all of the provisions of the previous edition.

    Amends GS 143-212 to amend the definition of the term waters to provide that wetlands classified as waters are restricted to waters of the United States. Amends GS 143-215.1 to provide that a permit is not required for activities in wetlands that are not waters of the United States. Makes conforming changes.

     


  • Summary date: May 16 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Changes the long title.

    Amends GS 143-214.11, Ecosystem Enhancement Program: compensatory mitigation, providing that the emphasis of compensatory mitigation is on replacing functions and values within the same river basin (previously, emphasis was only placed on replacing functions). Amends the basis for compensatory mitigation payments, providing that the monetary payment will be based on the ecological function and values of specific types of wetlands and streams, including coastal wetlands, riparian wetlands, non-riparian wetlands, perennial streams, and intermittent streams. Establishes that waters of the state that are considered to be isolated wetlands will have 1/3 the functional value of wetlands that are contiguous with waters of the United States and intermittent streams will have 1/3 the functional value of perennial streams.

    Directs the Environmental Management Commission to adopt rules, no later than March 1, 2014, to amend its standardized schedule for compensatory mitigation payments consistent with GS 143-214.11, as amended above.

    Deletes Section 3.1 and 3.2 of the 1st edition, which directed the Department of Environment and Natural Resources (DENR) to study the administration of the Section 404 permitting program and set a deadline for DENR to report its findings.


  • Summary date: Apr 16 2013 - More information

    As title indicates. Specifies reporting requirements.


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