BID REQS/PERMITTING/INUNDATION MAPS/CAMA. (NEW)

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 352 (Local) Filed Monday, March 10, 2025
AN ACT TO PROVIDE THAT CONTRACTS FOR CONSTRUCTION OF WATER AND SEWAGE SYSTEMS OR FACILITIES MAY BE AWARDED WHEN AT LEAST TWO COMPETITIVE BIDS HAVE BEEN RECEIVED, TO LIMIT REPEATED REQUESTS FOR ADDITIONAL INFORMATION IN ENVIRONMENTAL PERMITTING, TO CLARIFY THAT CERTAIN DOWNSTREAM INUNDATION MAPS ARE SUBJECT TO DISCLOSURE, TO CLARIFY THAT CERTAIN MAN-MADE DITCHES ARE NOT COVERED UNDER THE COASTAL AREA MANAGEMENT ACT, AND TO REFORM PERMITTING RELATED TO UPLAND BASIN MARINAS.
Intro. by Paré.

Status: Placed On Cal For 06/24/2025 (Senate action) (Jun 23 2025)

SOG comments (3):

long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO EXEMPT THE TOWNS OF HOLLY SPRINGS AND FUQUAY-VARINA FROM THE COMPETITIVE BIDDING REQUIREMENTS FOR PUBLIC INFRASTRUCTURE PROJECTS.

Long title change

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO PROVIDE THAT CONTRACTS FOR CONSTRUCTION OF WATER AND SEWAGE SYSTEMS OR FACILITIES MAY BE AWARDED WHEN AT LEAST TWO COMPETITIVE BIDS HAVE BEEN RECEIVED.

Long title change

Committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO PROVIDE THAT CONTRACTS FOR CONSTRUCTION OF WATER AND SEWAGE SYSTEMS OR FACILITIES MAY BE AWARDED WHEN AT LEAST TWO COMPETITIVE BIDS HAVE BEEN RECEIVED, TO LIMIT REPEATED REQUESTS FOR ADDITIONAL INFORMATION IN ENVIRONMENTAL PERMITTING, TO CLARIFY THAT CERTAIN DOWNSTREAM INUNDATION MAPS ARE SUBJECT TO DISCLOSURE, TO CLARIFY THAT CERTAIN MAN-MADE DITCHES ARE NOT COVERED UNDER THE COASTAL AREA MANAGEMENT ACT, AND TO REFORM PERMITTING RELATED TO UPLAND BASINS.

Bill History:

H 352

Bill Summaries:

  • Summary date: Jun 18 2025 - View Summary

    Senate committee substitute to the 3rd edition makes the following changes.

    Section 1.

    Specifies that the act’s amendments to GS 143-132 only apply to contracts for construction or repair work in an amount less than $10 million entered into on or before December 31, 2027 (was, just contracts and effective date was December 31, 2030).

    Section 5.

    Expands the persons who can make the described finding that the applicant cannot comply with one or more of the specified criteria in GS 113A-129.12 (upland basin permitting and development) to include the Director of the Division of Coastal Management (CM Director) (was, just Director of Division of Water Resources).  Expands the persons who can: (1) object in writing or request additional information necessary to evaluate compliance with water quality standards or (2) provide site-specific technical concerns to the applicant based on information provided during the permit review process to include the CM Director.

    Replaces references to: (1) “upland basin” with “upland basin marina” and (2) “upland basins” with “upland basin marinas” throughout. Makes technical changes.


  • Summary date: Jun 17 2025 - View Summary

    Senate committee substitute to the 2nd edition makes the following changes. Makes conforming changes to the act’s long and short titles. Changes the effective date to when the act becomes law, except as otherwise provided.

    Adds the following content.

    Section 2.

    Amends GS 143-214.7(b6) (permitting procedures for stormwater runoff rules) to prevent the Environmental Management Commission (EMC) from requesting additional information not previously identified as missing or required in its additional information letter or electronic response from the original permit application submission. Allows the EMC to respond to additional information letters or electronic responses with further requests for information, limited to information missing from that subsequent additional letter or response. Makes technical changes. Imports that same limitation on: (1) the EMC’s review of requests for additional information on applications and permits for sewer systems, sewer system extensions and for disposal systems, and for land application of waste, or treatment works which do not discharge to the surface waters of the State set forth in GS 143-215.1(d); (2) the Department of Environmental Quality’s (DEQ) review of an application for a water distribution system authorization under GS 130A-328(c1); (3) DEQ’s review of responses to an original submittal for a small or synthetic minor permit under GS 143-215.108; (4) DEQ’s completeness review of permit applications certified by an engineer under GS 143-215.108; (5) DEQ’s requests for information under GS 130A-295.8 (permits for solid waste management facilities). Makes organizational, clarifying, and technical changes to GS 143-215.1(d).

    Applies to permit applications submitted on or after the act becomes law.

    Section 3.

    Excludes Emergency Action Plans and downstream inundation maps associated with impoundments or dams not regulated by the Federal Energy Regulatory Commission from sensitive public security information considered confidential under GS 143-215.31 (supervision over maintenance and operation of dams). 

    Section 4.

    Defines, in GS 113A-103, man-made ditches to mean constructed, altered, or excavated features used to convey water, including, but not limited to, artificial ponds, culverts, canals, swales, storm channels, minor-drainage features, and roadside ditches. Specifies that, the term "altered" does not include the alteration of a natural shoreline, and the term "excavated" does not include submerged lands that have been dredged for the purpose of navigation. Excludes man-made ditches from areas that the EMC may designate as areas of environmental concern in GS 113A-113, including when they are part of the described estuarine waters and areas such as waterways and lands under or flowed by tidal waters or navigable waters. Excludes man-made ditches from the definition of marshland under GS 113-229.

    Section 5.

    Adds new Part 5A, Upland Basins, to Article 7 of GS Chapter 113A, providing as follows.

    Sets out NCGA findings and the intent that the Part be broadly construed to further the Part’s general purposes. Defines an upland basin as a marina constructed by excavating or dredging lands of elevations above the current mean or ordinary high-water mark and designed to accommodate more than ten vessels or boat slips. Considers upland basins a water dependent use for purposes of general use standards adopted by the Coastal Resources Commission.

    Requires, unless the Director of the Division of Water Resources makes a finding, based on site-specific technical information that the applicant cannot substantially comply with one or more of the criteria specified in the statute, that the Division of Water Resources and the Division of Coastal Management approve an application for the development of an upland basin project within 60 days after the applicant submits a completed application or requested supplemental information. Sets out provisions governing requests for supplemental information. Deems an application approved if the Department of Environmental Quality (DEQ) fails to act on an application for the development of an upland basin project within the 60-day review period. Sets out 10 criteria with which an upland basin must comply to qualify for permitting, including: (1) the upland basin is designed to accommodate ten or more vessels, including individual homeowner boat slips, boat lifts, or dry stack storage; (2) the waters contained in the upland basin meet the specified standards for dissolved oxygen content; (3) construction of the upland basin impacts or removes a total area of coastal wetlands that is no more than 5% of the total area of the proposed upland basin waters; (4) construction of the upland basin impacts or removes a total linear footage of coastal wetlands fringe that is no more than 10% of the total linear footage of existing coastal wetlands along the shoreline of the property or properties of the permit applicant; and (5) the upland basin has a 30-foot vegetated buffer along the post-project shoreline. Sets out provisions applicable when a Major Development Coastal Area Management Act permit application has been submitted for a project. Sets out provisions under which an applicant for an upland basin project is allowed to use innovative technology to maintain dissolved oxygen levels or to improve dissolved oxygen, including requiring financial assurance. Deems an upland basin project that satisfies the 10 criteria above to also satisfy other specified provisions, including the requirements for CAMA management objects and use standards of coastal wetlands areas of environmental concern (AEC) and estuarine and ocean system AEC. Allows, when data indicates material noncompliance with applicable water quality standards in the waters within the upland basin or adjacent waters within the vicinity of each entrance to the upland basin, DEQ to require the owner to bring the waters within the upland basin and adjacent waters into compliance with applicable water quality standards. Specifies that the statute does not obviate the need for an applicant to obtain all relevant federal permits. Makes conforming changes to GS 143-214.1A (water quality certification requirements for certain projects) applicable to applications for section 401 certification pending or submitted on or after the act becomes law.


  • Summary date: Mar 25 2025 - View Summary

    House committee substitute replaces the 1st edition in its entirety with the following. Makes conforming changes to act’s long and short titles.

    Amends GS 143-132 (concerning minimum number of bids for public contracts) as follows.  Prevents any contract to which GS 143-129 (procedure for letting of public contracts) applies for construction of water systems or facilities, or sewage disposal systems or facilities, from being awarded by any board or governing board of the State, or any political subdivision of the State, unless two competitive bids have been received from reputable and qualified contractors regularly engaged in their respective lines of endeavor. Otherwise applies all requirements of GS 143-132(a) to those contracts. Defines sewage disposal systems or facilities and water systems or facilities. Applies to contracts entered into on or before December 31, 2030.  


  • Summary date: Mar 10 2025 - View Summary

    Allows Holly Springs and Fuquay-Varina to contract for the construction of public infrastructure projects without being subject to Article 8 (governing public contracts) of GS Chapter 143 if: (1) the Town Council adopts a resolution approving the exemption of a public infrastructure project from the competitive bidding requirements in Article 8; (2) the Town Council conducts an annual independent audit of all contracts for construction work otherwise subject to the competitive bidding requirements of Article 9 (appears to intend Article 8) of GS Chapter 143; (3) the Town Council makes public any contracts awarded according to this act; and (4) the Town Council, after awarding the contract, prepares, places in the public files, and makes available to the public a document setting out the reasons for using the authority granted by this act. Applies to contracts entered into on or before December 31, 2030.