AN ACT to provide further regulatory relief to the citizens of north carolina.

The General Assembly of North Carolina enacts:

REFORM THE LAWS PERTAINING TO TRESPASSING FOR PURPOSES OF HUNTING OR FISHING

SECTION 1.(a)  Hunting Without Permission a Trespass. – G.S. 14‑159.6 reads as rewritten:

§ 14‑159.6.  Trespass for purposes of hunting, etc., without written consent a misdemeanor; defense.

(a)        Any person who willfully goes on the land, waters, ponds, or a legally established waterfowl blind of another to hunt, fish, or trap without verbal or written permission from the landowner, lessee, or agent of such property shall be guilty of a Class 3 misdemeanor. Written permission shall be dated within the last 12 months. Information establishing permission shall be provided to any law enforcement officer with general subject matter jurisdiction upon request.

(a)(a1)  Any person who willfully goes on the land, waters, ponds, or a legally established waterfowl blind of another that has been posted in accordance with the provisions of G.S. 14‑159.7, to hunt, fish or trap without written permission of the landowner, lessee, or his agent shall be guilty of a Class 2 misdemeanor. Written permission shall be carried on one's person, signed by the landowner, lessee, or agent, and dated within the last 12 months. The written permission shall be displayed upon request of any law enforcement officer of the Wildlife Resources Commission, sheriff or deputy sheriff, or other law enforcement officer with general subject matter jurisdiction.

(a2)      A person shall have written permission for purposes of subsections (a) and (a1) of this section if a landowner, lessee, or agent has granted permission to a club to hunt, fish, or trap on the land and the person is carrying both a current membership card demonstrating the person's membership in the club and a copy of written permission granted to the club that complies with the requirements of this section.

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SECTION 1.(b)  Conforming Change. – The title of Article 22A of Chapter 14 of the General Statutes reads as rewritten:

Article 22A.

Trespassing Upon Posted Property to Hunt, Fish, Trap, or Remove Pine Needles/Straw.

SECTION 1.(c)  License or Permit Suspension. – G.S. 113‑276.3(d) reads as rewritten:

(d)      Any violation of this Subchapter or of any rule adopted by the Wildlife Resources Commission under the authority of this Subchapter which is subject to a penalty greater than the one provided in G.S. 113‑135(a)(1) is a suspension offense. offense with a conviction resulting in a suspension for a period of one year. Conviction of any of the following suspension offenses results in a suspension for a period of two years:

(1)        A violation of G.S. 113‑294(b).

(2)        A violation of G.S. 113‑294(c).

(2a)      A violation of G.S. 113‑294(c1).

(3)        A violation of G.S. 113‑294(e).

(4)        Repealed by Session Laws 1999‑120, s. 2, effective October 1, 1999.

(5)        A violation of G.S. 113‑291.1A.

(6)        A third or subsequent violation of G.S. 14‑159.6(a).G.S. 14‑159.6(a1).

A conviction of any other suspension offense results in a suspension for a period of one year.

SECTION 1.(d)  Criminal Violation. – G.S. 113‑294 reads as rewritten:

§ 113‑294.  Specific violations.

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(d1)     Any person who unlawfully takes, possesses, or transports any deer from land that has been posted in accordance with the provisions violates any provision of G.S. 14‑159.7 without written permission of the landowner, lessee, or the agent of the landowner or lessee G.S. 14‑159.6(a1) is guilty of a Class 2 misdemeanor, punishable by a fine of not less than five hundred dollars ($500.00).one thousand dollars ($1,000).

(d2)     Any person who violates any provision of G.S. 14‑159.6(a) a second or subsequent time within a three‑year period is guilty of a Class 2 misdemeanor.

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SECTION 1.(e)  Effective Date. – This section becomes effective October 1, 2023, and applies to offenses committed on or after that date.

STORMWATER VEGETATIVE BUFFER CLARIFICATION

SECTION 2.  G.S. 143‑214.7(b2) reads as rewritten:

(b2)    For purposes of implementing stormwater programs, built‑upon area means impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. Built‑upon area does not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; a trail as defined in G.S. 113A‑85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle. The owner or developer of a property may opt out of any of the exemptions from built‑upon area set out in this subsection. For State stormwater programs and local stormwater programs approved pursuant to subsection (d) of this section, all of the following shall apply:

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(2)        Development may occur within the area that would otherwise be required to be placed within a vegetative buffer required by the Commission pursuant to G.S. 143‑214.1 and G.S. 143‑214.7 provided the stormwater runoff from the entire impervious area of the development built‑upon area of the vegetative buffer is collected, treated, and discharged so that it passes through a segment of the vegetative buffer and is managed so that it otherwise complies with all applicable State and federal stormwater management requirements.

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STORMWATER REDEVELOPMENT DENSITY

SECTION 3.  G.S. 143‑214.7(b3) reads as rewritten:

(b3)    Stormwater runoff rules and programs shall not require private property owners to install new or increased stormwater controls for (i) preexisting development or (ii) redevelopment activities that do not remove or decrease existing stormwater controls. 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 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 exceed the otherwise applicable density limitation under the applicable water supply watershed rules as provided in G.S. 143‑214.5(d3). G.S. 143‑214.5(d3) by treating the increase in stormwater resulting from the net increase in built‑upon areas. 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.

WETLANDS RULE CHANGE

SECTION 4.(a)  Definitions. – For purposes of this section and its implementation, Wetlands Definition means 15A NCAC 02B .0202 (Definitions).

SECTION 4.(b)  Wetlands Definition Rule. – Until the effective date of the revised permanent rule that the Environmental Management Commission (Commission) is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Wetlands Definition Rule as provided in subsection (c) of this section.

SECTION 4.(c)  Implementation. – Wetlands classified as waters of the State are restricted to waters of the United States as defined by 33 C.F.R. § 328.3 and 40 C.F.R. § 230.3. Wetlands do not include prior converted cropland as defined in the National Food Security Act Manual, Fifth Edition, issued by the United States Department of Agriculture.

SECTION 4.(d)  Additional Rulemaking Authority. – The Commission shall adopt a rule to amend the Wetlands Definition Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).

SECTION 4.(e)  Sunset. – This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

STORMWATER TRANSPORTATION PROJECT EXEMPTION RULE CHANGE

SECTION 5.(a)  Definitions. – For purposes of this section and its implementation, Stormwater Transportation Exemption Rule means 15A NCAC 02H .1001 (Post‑Construction Stormwater Management: Purpose and Scope).

SECTION 5.(b)  Stormwater Transportation Exemption Rule. – Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Stormwater Transportation Exemption Rule as provided in subsection (c) of this section.

SECTION 5.(c)  Implementation. – Stormwater programs, as defined in the Stormwater Transportation Exemption Rule, shall not apply to linear transportation projects undertaken by an entity other than the North Carolina Department of Transportation that (i) are constructed to NCDOT standards and are in accordance with the NCDOT Stormwater Best Management Practices Toolbox (Version 2, April 2014 Edition) which is herein incorporated by reference, including any subsequent amendments and editions, and may be accessed at no cost at https://connect.ncdot.gov/resources/hydro/HSPDocuments/2014_BMP_Toolbox.pdf and (ii) will be conveyed upon completion either to the NCDOT or another public entity and will be regulated in accordance with that entity's NPDES MS4 stormwater permit. Whether or not the project is a part of a common plan of development shall have no bearing on the exemption afforded by this subsection.

SECTION 5.(d)  Additional Rulemaking Authority. – The Commission shall adopt a rule to amend the Stormwater Transportation Exemption Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).

SECTION 5.(e)  Applicability and Sunset. – This section and rules adopted pursuant to this section apply to all linear transportation projects undertaken by an entity other than the North Carolina Department of Transportation on or after August 1, 2023. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

WASTEWATER DESIGN FLOW RATE RULE CHANGE

SECTION 6.(a)  Definitions. – For purposes of this section and its implementation, Dwelling Wastewater Design Flow Rate Rule means 15A NCAC 02T .0114 (Wastewater Design Flow Rates) as it applies to dwelling units.

SECTION 6.(b)  Dwelling Wastewater Design Flow Rate Rule. – Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Dwelling Wastewater Design Flow Rate Rule as provided in subsection (c) of this section.

SECTION 6.(c)  Implementation. – In determining the volume of sewage from dwelling units, the flow rate shall be 70 gallons per day per bedroom. The minimum volume of sewage from each dwelling unit shall be 70 gallons per day and each additional bedroom above two bedrooms shall increase the volume by 70 gallons per day.

SECTION 6.(d)  Additional Rulemaking Authority. – The Commission shall adopt a rule to amend the Dwelling Wastewater Design Flow Rate Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).

SECTION 6.(e)  Applicability and Sunset. – This section and rules adopted pursuant to this section apply to all dwelling units sewer system permits issued on or after August 1, 2023. This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

FISHERIES REFORMS

SECTION 7.(a)  Consistent with its duties under Articles 15 and 17 of Chapter 113 of the General Statutes and under applicable federal law, the Marine Fisheries Commission (Commission) shall adopt rules that provide for all of the following:

(1)        A prohibition on the following with respect to any species of coastal or marine finfish which is overfished or experiencing overfishing, except in times and areas where harvest is allowed under rules of the Commission or proclamations of the Director of the Marine Fisheries Commission under G.S. 113‑221.1:

a.         Permitting of any fishing tournament targeting the species.

b.         Targeted catch of the species.

c.         The advertisement or sale of services of fishing guides targeting the species.

(2)        A prohibition on the sale of marine and coastal finfishes by recreational fishing tournaments if such sale would be deducted from commercial harvest quotas set or enforced by the Commission.

(3)        A prohibition on the use as bait for catching finfish of any species of coastal or marine finfish which is overfished or experiencing overfishing.

(4)        The mandatory reporting of all coastal and marine finfish (i) harvested by holders of Coastal Recreational Fishing Licenses and Recreational Commercial Gear Licenses and (ii) harvested but not sold by holders of Standard Commercial Fishing Licenses and Retired Standard Commercial Fishing Licenses. The Commission to the extent feasible shall model these reporting requirements on those for large game harvest reporting under rules of the Wildlife Resources Commission.

SECTION 7.(b)  The Commission may adopt temporary rules to implement this section and shall adopt permanent rules consistent with subsection (a) of this section. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).

EFFECTIVE DATE

SECTION 8.  Except as otherwise provided, this act is effective when it becomes law.