Bill Summary for H 938 (2013-2014)

Summary date: 

May 16 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 938 (Public) Filed Thursday, April 11, 2013
AN ACT TO PROVIDE THAT A WATER QUALITY PERMIT IS NOT REQUIRED FOR ACTIVITIES IN WETLANDS THAT ARE NOT WATERS OF THE UNITED STATES.
Intro. by Lewis.

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Bill summary

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

Changes the long title.

Amends GS 143-214.11, Ecosystem Enhancement Program: compensatory mitigation, providing that the emphasis of compensatory mitigation is on replacing functions and values within the same river basin (previously, emphasis was only placed on replacing functions). Amends the basis for compensatory mitigation payments, providing that the monetary payment will be based on the ecological function and values of specific types of wetlands and streams, including coastal wetlands, riparian wetlands, non-riparian wetlands, perennial streams, and intermittent streams. Establishes that waters of the state that are considered to be isolated wetlands will have 1/3 the functional value of wetlands that are contiguous with waters of the United States and intermittent streams will have 1/3 the functional value of perennial streams.

Directs the Environmental Management Commission to adopt rules, no later than March 1, 2014, to amend its standardized schedule for compensatory mitigation payments consistent with GS 143-214.11, as amended above.

Deletes Section 3.1 and 3.2 of the 1st edition, which directed the Department of Environment and Natural Resources (DENR) to study the administration of the Section 404 permitting program and set a deadline for DENR to report its findings.

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