Bill Summaries: H 938 CLARIFY WETLANDS PERMITTING

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  • Summary date: Jul 25 2013 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends the short and long title.

    Deletes all of the provisions of the previous edition.

    Amends GS 143-212 to amend the definition of the term waters to provide that wetlands classified as waters are restricted to waters of the United States. Amends GS 143-215.1 to provide that a permit is not required for activities in wetlands that are not waters of the United States. Makes conforming changes.

     


  • Summary date: May 16 2013 - View 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.


  • Summary date: Apr 16 2013 - View Summary

    As title indicates. Specifies reporting requirements.