Bill Summary for H 492 (2011-2012)

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Summary date: 

Mar 28 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 492 (Public) Filed Monday, March 28, 2011
TO (1) PROVIDE THAT DEVELOPMENT IN THE UNINCORPORATED AREAS OF A COUNTY IS NOT SUBJECT TO THE STANDARDS REGARDING POSTCONSTRUCTION PRACTICES UNDER SECTION 9 OF S.L. 2006 246 OR ANY ADMINISTRATIVE RULES ADOPTED TO REPLACE THAT SECTION WHEN THE DEVELOPMENT IS LOCATED IN A COUNTY THAT CONTAINS AN URBANIZED AREA AND HAD AN ACTUAL POPULATION GROWTH RATE THAT EXCEEDED THE STATE POPULATION GROWTH RATE FOR THE PERIOD 1995 THROUGH 2004 WHEN THAT POPULATION GROWTH OCCURRED IN AN AREA WITHIN THE COUNTY THAT CONSISTS OF LESS THAN FIVE PERCENT OF THE TOTAL LAND AREA OF THE COUNTY AND (2) RESCIND THE CURRENT DESIGNATION OF ANY SUCH COUNTY.
Intro. by Howard.

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Bill summary

Amends Section 4 of SL 2006-246 to provide as the title indicates.
Requires that any rule adopted to replace rules that were disapproved under SL 2006-246 or any rule adopted to implement SL 2006-246 from and after its effective date be consistent with the provisions of this act.
Rescinds all designations of counties under subdivision (5) of subsection (a) of SL 2006-246, Section 4 that occurred after August 16, 2006, that would not have occurred under SL 2006-246 as amended in this act. Provides that the provisions of this section do not preclude any future designations of counties as Phase 2 counties by the Environmental Management Commission under subdivision (5) of subsection (a) of Section 4 of SL 2006-246 as amended by this act.
Effective when the act becomes law and applies to any development that occurs on or after that date.