Bill Summary for H 632 (2021-2022)

Summary date: 

Apr 21 2021

Bill Information:

View NCGA Bill Details2021
House Bill 632 (Public) Filed Wednesday, April 21, 2021
AN ACT TO PROTECT THE STATE'S WATERWAYS AND CITIZENS BY STRENGTHENING BUFFER REQUIREMENTS, BY RESTORING LOCAL AUTONOMY IN THE SETTING OF RIPARIAN BUFFERS, AND BY REQUIRING MITIGATION FOR DESTRUCTION OF INTERMITTENT STREAMS.
Intro. by von Haefen

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Bill summary

Directs the Environmental Management Commission (Commission) and the Department of Environmental Quality (DEQ) to implement the "Protection of Existing Buffers Rules" (defined by various rules as identified in the NCAC; Rules) whereby the Commission provides a minimum riparian buffer of 100 feet unless the Commission specifically finds, based on findings of fact specific to the river basin or stream segment, that such a riparian buffer would provide no additional water quality, flood prevention, or flood mitigation benefits over the buffers currently in the Rules. Directs the Commission to adopt rules consistent with the described directive. 

Repeals GS 143-214.23A, Limitations on local government riparian buffer requirements, and GS 143-214.7C(a)(1), which prohibits DEQ from requiring mitigation of impacts to an intermittent stream. 

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