Bill Summary for H 44 (2015-2016)

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Summary date: 

Jun 15 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 44 (Public) Filed Tuesday, February 3, 2015
Intro. by Conrad, Lambeth, Hanes, Terry.

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Bill summary

Senate amendments make the following changes to the 2nd edition, as amended.

Amendment #4 makes the following changes.

Amends GS 87-97 by deleting the proposed language that provided if a local government mandates that improved property be connected to a public water system, the local government must determine at the time of the application for and before issuing a permit to construct or repair a well whether the improved property will be served by the public system or the well. Adds new (m) requiring the local health department, after receiving an application for a construction permit for a new private drinking water well, and before issuing the permit, to determine if the property is within a jurisdictional area served by a public water system and take one of three specified actions on the permit depending on whether the property is within the jurisdiction of a public water system.

Makes technical changes.

Deletes proposed GS 136-66.1(b) and replaces it with the following. Prohibits reducing the number of travel lanes to accommodate the addition of bicycle lanes within the existing paved and marked travel lanes of any state highway system street or highway located in a municipality if (1) the street or highway has an average daily traffic volume of 20,000 vehicles per day or greater or (2) the action taken reduces the projected road capacity, for a 20-year period starting at the time the bicycle lane is established, to below a Level D. Makes conforming changes.

Deletes proposed GS 143-214.18, Exemption to riparian buffer requirements for certain private properties in the Neuse River and Tar-Pamlico River Basins.

Requires, until the convening of the 2016 Regular Session of the 2015 General Assembly, that 15A NCAC 02B .0233 (Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers) be implemented as follows: (1) Zones 1 and 2 are not enforced, (2) the riparian buffer consists of the 30-foot riparian area that was formerly Zone 1, and (3) the activities and uses for the riparian buffer are those that could have occurred in Zone 2. Requires during that same time frame that all other rules adopted for the protection and maintenance of existing riparian buffers for nutrient sensitive waters be implemented in a manner that is consistent with the above provisions. Requires the Environmental Management Commission (EMC) to adopt temporary rules to amend its rules consistent with these provisions.

Amends proposed GS 143-214.19, Delineation of protective riparian buffers for coastal wetlands and marshlands, to make the statute's provisions applicable to all coastal wetlands and marshlands, not just those located in the Neuse or Tar-Pamlico River basins. Adds that the EMC must adopt temporary rules to amend its rules consistent with the statute.

Replaces the study requirement with the requirement that the Environmental Review Commission and Department of Environment and Natural Resources (DENR) study the use of riparian buffers by the state and local governments, specifically examining the circumstances under which local governments have created development buffers along waterways that are wider than those established by the Commission or DENR. Sets out additional issues to be considered in the study. Requires a report on the study to the 2016 Regular Session of the 2015 General Assembly.

Amendment #7 makes the following changes. 

Amends proposed GS 153A-457 (concerning county notice before construction) and GS 160A-499.4 (concerning city notice before construction) to require notice under the statute to be given in writing at least 30 days before beginning construction, except if (1) the construction is a repair of an emergency nature, the notice may be given by any means that the entity has for contacting the property owner within a reasonable time before or after commencement of the repair; (2) the property owner requests action of the county or city that requires construction activity; or (3) the property owner consents to less than 30 days' notice (was, notice must be in writing at least 30 days before commencement of construction, unless the construction is a repair of an emergency nature, upon which notice may be given by any means).