Adds new Part 5A, Upland Basis, 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. Provides that once an upland basin has operated for at least 24 months, if the Director of the Division of Water Resources determines that additional information is needed to assure long-term compliance with water quality standards, the owner must be notified to provide information necessary to address these concerns. Sets out provisions applicable when a Major Development Coastal Area Management Act permit application has been submitted for a project. Allows the transfer of any permit and related authorizations and approvals for an upland basin 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 a state water quality certification, CAMA management objects and use standards of coastal wetlands 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.