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.
House committee substitute to the 1st edition makes the following changes. Deletes the proposed changes in GS 143-214.7(c5), concerning stormwater, in GS 113A-54.1(d1), concerning erosion control plans, and in GS 113-61(b3), concerning local approval of erosion and sedimentation control plans and instead provides as follows. Allows the Department of Environment and Natural Resources (DENR) to transfer a permit issued under the statute without the consent of the permit holder to a successor owner of the property on which the permitted activity is occurring or will occur. Allows DENR to transfer a permit if (1) the successor owner submits a written transfer request and (2) DENR finds the permit holder is a natural person who is deceased, a corporation that has been dissolved, a person lawfully divested of title to the property, or a person who has sold the property. Requires the permit older to comply with all terms and conditions of the permit until it is transferred. Requires the successor-owner to comply with all terms and conditions of the permit once it is transferred. Prohibits DENR from imposing new or different terms and conditions in the permit with the express consent of the successor owner. Adds these same provisions to GS 143-215.1, concerning control of sources of water pollution.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.