Bill Summary for H 218 (2021-2022)
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AN ACT TO CLARIFY STORMWATER RUNOFF REQUIREMENTS APPLICABLE TO PREEXISTING DEVELOPMENT IN WATER SUPPLY WATERSHEDS.Intro. by Zenger.
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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.