Bill Summary for H 794 (2017-2018)

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Summary date: 

Jun 14 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 794 (Public) Filed Tuesday, April 11, 2017
AN ACT TO IMPROVE EFFICIENCY OF CONSTRUCTION PERMITTING BY REMOVING REDUNDANCIES IN REVIEWS AND APPROVALS BY STATE AND LOCAL AGENCIES, IMPROVE ACCOUNTABILITY AND TRANSPARENCY OF REVIEWING AGENCIES, AND MAKE NORTH CAROLINA A NATIONAL LEADER IN PERMITTING EFFICIENCY, WHICH WILL ENCOURAGE INVESTORS TO CHOOSE NORTH CAROLINA TO CREATE JOBS.
Intro. by Stone, Saine, Bradford, Torbett.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends proposed GS 153A-145.7 and GS 160A-205.3, regarding general requirements for issuing permits for counties and cities. Applies the statutes to construction permits related to site construction and land use permits (was, applies to permits, including building permits and land use permits). GS 160A-205.3 does not apply to permits or approvals related to subdivision of land or zoning of land. Amends each of the ten listed requirements for such permits in both statutes, in many cases replacing references to requiredordinances with references to requiredwritten policies, standards, procedures, or ordinances. Authorizes a county or city to deny a complete construction permit application only if the permittee fails to meet the standards or requirements established by the county or city, subject to notice requirements, and makes additional changes to the requirements. Allows the data in the compliance report to be presented in any chosen format that complies with the statute. Exempts projects proposed to be constructed in phases from the concurrent review requirements. Sets out additional technology requirements if an outside agency will access or use the review and approval program. Amends provisions governing the fee that may be charged to cover the cost of the program. Amends the conditions under which a permittee may not be required to contract off-site infrastructure improvements. Amends the cap on a fee in lieu of payments related to off-site improvements.

Amends Proposed GS Chapter 136, Article 3C (Delegation of Permitting Authority) as follows:

Amends GS 136-166.51 to amend the purpose of the Article. Provides that the purpose is to delegate the authority to issue approvals associated with State-maintained roads (was, approve established standards for State-maintained roads), amongst the other currently listed purposes. Amends the authority delegated to include the authority to approve plats, and to inspect construction activities and encroachment within the Department's rights-of-way. Authorizes municipalities to decline delegated authority for certain roads or infrastructure, without declining delegated authority for all State-maintained roads. Provides that the authority of a municipality to review and approve construction permit applications (was, to review and approve permits or establish standards) for State maintained roads in its municipal boundary and the municipality's extraterritorial jurisdiction exists only to the extent explicitly provided in this Article or otherwise granted by the Board. Clarifies that the Article does not modify bonding requirements, and does not modify the process for review of erosion and sediment control plans or stormwater plans. Authorizes a municipality to request the Department of Transportation (Department) to review permit applications, construction activities and encroachments, or inspections, for certain specific State-maintained roads, types of State-maintained roads, and bridges, or provide technical services which may be outside the municipality's expertise, consistent with current practices or in a manner mutually agreeable to the municipality and the Department Division Engineer. Authorizes a municipality to request modification of a Department standard or policy, and provides requirements for the contents of the request. Authorizes municipalities to approve a minor site-specific deviation from a Department standard or policy if the modification will not adversely impact safety, road maintenance, or traffic flow to the State-maintained road network, and is necessitated by a minor site-specific condition. Provides notice requirements for when a municipality so approves a minor deviation, but provides that the municipality is not required to obtain the Department's approval of the minor deviation, although it may seek the Department's approval or advice. Exempts four classes of roads, including interstate highways, from the delegation of authority under this statute.

Amends proposed GS 136-166.53 (Department's authority). Requires review guidelines for local governments to be consistent with the permitting standards followed by the Department. Amends the notice requirement under this statute to apply when the Department determines a municipality is failing to adequately administer or enforce a local program (was, failing to administer or enforce a local program).

Amends proposed GS 136-166.54 (Local authority). Deletes the exception to the requirement that a municipality's ordinances adopted under this statute meet, but not exceed, minimum requirements established by the Department for State-maintained roads, for when the requirements are consistent with those for locally maintained roads of similar capacity and nature. Replaces the authority to establish standards and ordinances for roads with the authority to collect from the Department the amounts necessary to administer and enforce the program under this Article, as specified. Deletes the provision regarding when a municipality with delegated authority under this Article establishes a technical standard for a State-maintained road that is different than the State standard. Makes conforming changes.

Amends proposed GS 136-166.55 (Fees). Subjects the authority of a municipality to establish a fee for the review of a transportation-related or right-of-way impacting construction plan to the limitations of GS 160A-296.

Amends proposed GS Chapter 143, Article 82, as follows.

Amends proposed GS 143-765 (Transparency). Amends the direction that certain agencies maintain published records to delete the provision applying that direction to local government agencies, and restricting its application to State agencies with the authority to review and approve construction permits (1st edition did not specify which kind of permits). Makes a conforming change.

Amends GS 143-766 (Efficiency). Applies the requirements of that statute to state and local governments with the authority to review and approve construction permits (1st edition did not specify which kind of permits). Amends the examples of municipalities that have separate local governments with separate areas of responsibility to refer to county review of stormwater permits (was, building permits). Requires such municipalities to coordinate their review processes so that submittals and reviews are done through the same system and process (eliminating the requirement that the system be online). If the system is online, the agencies and departments shall review using the same online system or portal. Provides security requirements for an online system or portal.

Amends proposed GS 143-767 (Fees). Applies the authority to establish a fee under this statute to State agencies (was, State and local governments). Amends the authorized fee to include costs of maintenance, upgrades, security features, and software licensing fees. Authorizes the fee to be in effect for the first 24 months (was, 12 months) after initiation of the online permitting process. Makes conforming changes.

Makes the entire act effective October 1, 2017.