Bill Summary for H 279 (2013-2014)

Summary date: 

Mar 12 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 279 (Public) Filed Tuesday, March 12, 2013
A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO TRANSFER CERTAIN ENVIRONMENTAL PERMITS ASSOCIATED WITH PROPERTY DEVELOPMENT WHEN THE ORIGINAL PROPERTY OWNER IS UNWILLING OR UNABLE TO AGREE TO THE PERMIT TRANSFER.
Intro. by Millis, Hager, McElraft, Moffitt.

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Bill summary

Amends GS 143-214.7 by adding a new subsection, GS 143-214.7(c5), providing that the Department of Environment and Natural Resources must transfer a permit issued under GS 143-214.7 (concerning stormwater) to a new party when the current permit holder is unwilling or unable to agree to the transfer and when the following is found to be true: (1) the new permittee has sole legal right to develop the permitted project, (2) the new permittee intends to use the permit for the purposes for which it was issued, (3) there will be no change of the permitted project substantially impacting the permitted activity.

Amends GS 113A-54.1 by adding a new subsection, GS 113A-54.1(d1), requiring the Director of the Division of Energy, Mineral, and Land Resources to transfer an erosion and sedimentation control plan if (1) the proposed transferee is the owner of the land to be disturbed or has the owner's written consent to conduct the land-disturbing activity, (2) the proposed transferee intends to use the permit for the purposes for which it was issued, and (3) there will be no change of the project covered by the plan that would affect any requirement of the plan. Makes technical changes throughout the section and makes conforming changes.

Amends GS 113A-61 by adding a new subsection, GS 113A-61(b3), requiring a local government administering an erosion and sedimentation control program to transfer a plan approved by this section if (1) the proposed transferee is the owner of the land to be disturbed or has the owner's written consent to conduct the land-disturbing activity, (2) the proposed transferee intends to use the permit for the purposes for which it was issued, and (3) there will be no change of the project covered by the plan that would affect any requirement of the plan. Makes technical and conforming changes throughout the section.

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