Bill Summary for H 218 (2021-2022)

Summary date: 

Apr 27 2021

Bill Information:

View NCGA Bill Details2021
House Bill 218 (Public) Filed Wednesday, March 3, 2021
AN ACT TO CLARIFY STORMWATER RUNOFF REQUIREMENTS APPLICABLE TO PREEXISTING DEVELOPMENT IN WATER SUPPLY WATERSHEDS.
Intro. by Zenger.

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Bill 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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