REGULATORY REFORM ACT OF 2023.

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View NCGA Bill Details2023-2024 Session
Senate Bill 686 (Public) Filed Thursday, April 6, 2023
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.
Intro. by Sanderson, Johnson, Woodard.

Status: Ref to Agriculture, Energy, and Environment. If fav, re-ref to Rules and Operations of the Senate (Senate action) (Apr 10 2023)
S 686

Bill Summaries:

  • Summary date: Apr 13 2023 - View Summary

    Part I.

    Amends GS 14-159.6 by enacting subsection a to make it a Class 3 misdemeanor to willfully go on another person's land, waters, ponds, or a legally established waterfowl blind to hunt, fish, or trap without verbal or written permission from the landowner, lessee, or agent of the property. Requires written permission to have been dated within the last 12 months. Requires providing information establishing the necessary permission to a law enforcement officer upon request. Makes organizational changes to the statute's existing provisions. Makes conforming changes to the title of Article 22A to refer to "trespassing," not just "trespassing on posted property."

    Amends GS 113-276.3 to make a conviction of violations (was, third or subsequent violations) of GS 14-159.6(a1), which makes it a Class 2 misdemeanor to go on another's land, waters, ponds, or legally established waterfowl blind that has been posted to hunt, fish, or trap without permission, subject to a license suspension for two years.

    Amends GS 113-294 to increase the minimum fine for violations of GS 14-159.6(a1) from $500 to $1,000. Makes it a Class 2 misdemeanor to violate new GS 14-159.6(a) a second or subsequent time within a three-year period. No longer makes it a Class 2 misdemeanor, punishable by a fine of at least $500, to take, possess, or transport a deer, without permission, from land that has been posted. 

    Applies to offenses committed on or after October 1, 2023.

    Section 2

    Amends GS 143-214.7 to allow state or local stormwater programs to allow development within the area that would otherwise be required to be placed within a vegetative buffer if the stormwater runoff from the built-upon area of the vegetative buffer (was, from the entire impervious area of the development) is collected, treated, and discharged so that it passes through a segment of the vegetated buffer managed so it otherwise complies with applicable state and federal stormwater management requirements.

    Section 3

    Amends GS 143-214.7, concerning stormwater regulations for redevelopment, to allow a property owner to exceed the otherwise applicable density limits under the applicable water supply watershed rules by treating the increase in stormwater that results from the net increase in the built upon areas (was, the property owner may voluntarily decide to treat all stormwater from preexisting development or redevelopment activities for the purpose of exceeding allowable density under the applicable water supply watershed rules.

    Section 4

    Requires the Environmental Management Commission (EMC) to implement the Wetland Definition as follows. Restricts wetlands classified as waters of the State to waters of the United States as defined by 33 C.F.R. § 328.3 and 40 C.F.R. § 230.3. Provides that  wetlands do not include prior converted cropland as defined in the National Food Security Act Manual, Fifth Edition, issued by the US Department of Agriculture. Requires the EMC to adopt a rule to amend the Wetlands Definition Rule consistent with this provision. Expires when permanent rules become effective.

    Section 5

    Requires the EMC to implement the Stormwater Transportation Exemption Rule (meaning 15A NCAC 02H .1001, Post-Construction Stormwater Management: Purpose and Scope) as follows. Prohibits applying stormwater programs to linear transportation projects undertaken by an entity other than the NC Department of Transportation (NCDOT) that (1) are constructed to NCDOT standards and are in accordance with the NCDOT Stormwater Best Management Practices Toolbox, as specified, and (2) will be conveyed upon completion either to NCDOT or another public entity and will be regulated in accordance with that entity's NPDES MS4 stormwater permit. Specifies that whether or not the project is a part of a common plan of development has no bearing on this exemption. Requires the EMC to adopt a rule to amend the Stormwater Transportation Exemption Rule so it is consistent with this provision. Applies to all linear transportation projects undertaken by an entity other than NCDOT on or after August 1, 2023. Expires when the permanent rules become effective. 

    Section 6

    Requires the EMC to implement the Dwelling Wastewater Design Flow Rate Rule (meaning 15A NCAC 02T .0114, Wastewater Design Flow Rates) as it applies to dwelling units, as follows. Requires the flow rate used in determining the volume of sewage from dwelling units to be 70 gallons per day per bedroom. Sets the minimum volume of sewage from each dwelling unit at 70 gallons per day and each additional bedroom above two bedrooms increases the volume by 70 gallons per day. Requires the EMC to adopt a rule to amend the Dwelling Wastewater Design Flow Rate Rule so it is consistent with this provision. Applies to all dwelling units sewer system permits issued on or after August 1, 2023. Expires when the permanent rule becomes effective.

    Section 7

    Requires the the Marine Fisheries Commission (Commission) to adopt rules that provide for all of the following: (1) a prohibition on permitting of any fishing tournament targeting the species, targeted catch of the species, and the advertisement or sale of services of fishing guides targeting the species, with respect to any species of coastal or marine finfish which is overfished or experiencing overfishing, except in times and areas where harvest is allowed under rules of the Commission or proclamations of the Director of the Marine Fisheries Commission; (2) a prohibition on selling marine and coastal finfishes by recreational fishing tournaments if such sale would be deducted from commercial harvest quotas set or enforced by the Commission; (3) a prohibition on the use as bait for catching finfish of any species of coastal or marine finfish that is overfished or experiencing overfishing; and (4) the mandatory reporting of all coastal and marine finfish (a) harvested by holders of Coastal Recreational Fishing Licenses and Recreational Commercial Gear Licenses and (b) harvested but not sold by holders of Standard Commercial Fishing Licenses and Retired Standard Commercial Fishing Licenses. Requires the rules to be modeled on the rules for large game harvest reporting under rules of the Wildlife Resources Commission. Allows the adoption of temporary rules and requires adoption of permanent rules.