AN ACT to enhance the stormwater management toolkit available to local governments by Clarifying certain limitations on State and local programs.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143‑214.7(b3) reads as rewritten:

(b3)    Stormwater runoff rules and programs shall not require private property owners owners of private property that includes small scale residential development to install new or increased stormwater controls for (i) preexisting development or (ii) redevelopment activities that do not remove or decrease existing stormwater controls. Stormwater runoff rules and programs may require owners of private property that does not include small scale residential development to install new or increased stormwater controls when a preexisting development is redeveloped if the redevelopment will result in (i) land disturbance, as that term is defined under G.S. 113A‑52(6), of more than fifty percent (50%) of the tract on which the redevelopment is to occur or (ii) an increase of more than fifty percent (50%) of the impervious surface on the tract to be redeveloped. When a preexisting development is redeveloped, either in whole or in part, increased stormwater controls shall only be required for the amount of impervious surface being created that exceeds the amount of impervious surface that existed before the redevelopment. Provided, however, a property owner may voluntarily elect to treat all stormwater from preexisting development or redevelopment activities described herein for the purpose of exceeding allowable density under the applicable water supply watershed rules as provided in G.S. 143‑214.5(d3). This subsection applies to all local governments regardless of the source of their regulatory authority. Local governments shall include the requirements of this subsection in their stormwater ordinances. For purposes of this section, small scale residential development means single‑family homes, townhomes, and multiunit residential with four or fewer units.

SECTION 2.  This act is effective when it becomes law and applies to stormwater rules and stormwater program amendments adopted on or after that date.