AN ACT to provide regulatory relief to citizens of the state by reforming environmental permitting programs.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Definitions. – For purposes of this section and its implementation, Wetlands Definition means 15A NCAC 02B .0202 (Definitions).

SECTION 1.(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 1.(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.

SECTION 1.(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 1.(e)  Sunset. – This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

SECTION 2.(a)  G.S. 143B‑279.13 reads as rewritten:

§ 143B‑279.13.  Express permit and certification reviews.

(a)        The Department of Environmental Quality shall develop an express review program to provide express permit and certification reviews in all of its regional offices. Participation in the express review program is voluntary, and the program is to become supported by the fees determined pursuant to subsection (b) of this section. The Department of Environmental Quality shall determine the project applications to review under the express review program from those who request to participate in the program. The express review program may be applied to any one or all of the permits, approvals, or certifications in the following programs: the erosion and sedimentation control program, the coastal management program, and the water quality programs, including water quality certifications and stormwater management. The express review program shall focus on include the following permits or certifications:certifications, and the Department shall issue or deny such permits or certifications within the following processing days, as calculated pursuant to subsection (a2) of this section:

(1)        Stormwater Forty‑five days for stormwater permits under Part 1 of Article 21 of Chapter 143 of the General Statutes.

(2)        Stream Forty‑five days for stream origination certifications under Article 21 of Chapter 143 of the General Statutes.

(3)        Water Forty‑five days for water quality certification under Article 21 of Chapter 143 of the General Statutes.

(4)        Erosion Fifteen days for erosion and sedimentation control permits under Article 4 of Chapter 113A of the General Statutes.

(5)        Permits Sixty days for permits under the Coastal Area Management Act (CAMA), Part 4 of Article 7 of Chapter 113A of the General Statutes.

(a1)      A permit or certification shall be deemed approved if the Department fails to issue or deny the permit or certification within the following processing days, as calculated pursuant to subsection (a2) of this section:

(1)        Ninety days for stormwater permits under Part 1 of Article 21 of Chapter 143 of the General Statutes.

(2)        Sixty days for stream origination certifications under Article 21 of Chapter 143 of the General Statutes.

(3)        Sixty days for water quality certification under Article 21 of Chapter 143 of the General Statutes.

(4)        Thirty days for erosion and sedimentation control permits under Article 4 of Chapter 113A of the General Statutes.

(5)        Seventy‑five days for permits under the Coastal Area Management Act (CAMA), under Part 4 of Article 7 of Chapter 113A of the General Statutes.

(a2)      For purposes of calculating processing days pursuant to subsections (a) and (a1) of this section, the following criteria shall be applied:

(1)        The processing time shall begin on the first business day that the application is received by the Department through (i) electronic means, (ii) first‑class, registered, or certified mail, or (iii) hand delivery by the applicant.

(2)        If an application is determined to be incomplete, the Department shall notify the applicant accordingly and specify the deficiencies identified by the Department's initial review. Such notice may be sent electronically, or by certified or registered mail. Calculation of processing days shall pause on the day that such notice is sent and shall resume on the first business day that the requested information is received by the Department through (i) electronic means, (ii) first‑class, registered, or certified mail, or (iii) hand delivery by the applicant. After the applicant's response to any deficiencies identified in the initial review, a subsequent determination of the application to be incomplete shall be considered as a subsequent review. Any comments made by the Department during a subsequent review that are not directly related to the applicant's attempt to satisfy specific initial review comments shall be treated by the Department as comments that were not properly made during initial review, and therefore shall be addressed at the next time the permit is renewed or reopened. The processing days shall continue during the request for comment period unless the applicant takes longer than three business days to respond to electronic comments, or one week from the postmarked day to respond to comments received by mail.

(b)        The Department of Environmental Quality may determine the fees for express application review under the express review program. Notwithstanding G.S. 143‑215.3D, the maximum permit application fee to be charged under subsection (a) of this section for the express review of a project application requiring all of the permits under subdivisions (1) through (5) of subsection (a) of this section shall not exceed five thousand five hundred dollars ($5,500). Notwithstanding G.S. 143‑215.3D, the maximum permit application fee to be charged for the express review of a project application requiring all of the permits under subdivisions (1) through (4) of subsection (a) of this section shall not exceed four thousand five hundred dollars ($4,500). Notwithstanding G.S. 143‑215.3D, the maximum permit application fee charged for the express review of a project application for any other combination of permits under subdivisions (1) through (5) of subsection (a) of this section shall not exceed four thousand dollars ($4,000). Express review of a project application involving additional permits or certifications issued by the Department of Environmental Quality other than those under subdivisions (1) through (5) of subsection (a) of this section may be allowed by the Department, and, notwithstanding G.S. 143‑215.3D or any other statute or rule that sets a permit fee, the maximum permit application fee charged for the express review of a project application shall not exceed four thousand dollars ($4,000), plus one hundred fifty percent (150%) of the fee that would otherwise apply by statute or rule for that particular permit or certification. Additional fees, not to exceed fifty percent (50%) of the original permit application fee under this section, may be charged for subsequent reviews due to the insufficiency of the permit applications. The Department of Environmental Quality may establish the procedure by which the amount of the fees under this subsection is determined, and the fees and procedures are not rules under G.S. 150B‑2(8a) for the express review program under this section.

(b1)      The Department shall return one thousand dollars ($1,000) of the application fee to an applicant for a permit or certification that is issued or denied beyond the number of processing days authorized in subsection (a2) of this section.

(c)        Repealed by Session Laws 2008‑198, s. 10.2, effective August 8, 2008.

SECTION 2.(b)  G.S. 143‑215.3D reads as rewritten:

§ 143‑215.3D.  Fee schedule for water quality permits.

…

(d1)     State Stormwater Permits. –

(1)        The following application fees for permits regulating stormwater runoff under G.S. 143‑214.7 and G.S. 143‑215.1 apply:

a.         Five hundred five dollars ($505.00) for a permit regulating stormwater runoff for a development of 5 acres or less.

b.         Five hundred fifty‑five dollars ($555.00) for a permit regulating stormwater runoff for development greater than 10 acres and not exceeding 25 acres.

c.         Six hundred twenty‑five dollars ($625.00) for a permit regulating stormwater runoff for a development greater than 25 acres.

(2)        The Department shall return any amount in excess of five hundred five dollars ($505.00) of the application fee to an applicant for a stormwater permit, however, if the permit is not issued or denied within 90 processing days as required by G.S. 143‑214.7(b5).

(e)        Other fees under this Article. –

(1)        Sewer System Extension Permits. – The application fee for a permit for the construction of a new sewer system or for the extension of an existing sewer system is four hundred eighty dollars ($480.00).

(2)        State Stormwater Permits. – The application fee for a permit regulating stormwater runoff under G.S. 143‑214.7 and G.S. 143‑215.1 is five hundred five dollars ($505.00).

(3)        Major Water Quality Certifications. – The fee for a water quality certification involving one acre or more of wetland fill or 150 feet or more of stream impact is five hundred seventy dollars ($570.00).

(4)        Minor Water Quality Certifications. – The fee for a water quality certification involving less than one acre of wetland fill or less than 150 feet of stream impact is two hundred forty dollars ($240.00).

(5)        Permit for Land Application of Petroleum Contaminated Soils. – The fee for a permit to apply petroleum contaminated soil to land is four hundred eighty dollars ($480.00).

(6)        Fee Nonrefundable. – If an application for a permit or a certification described in this subsection is denied, the application or certification fee shall not be refunded.

(7)        Limit Water Quality Certification Fee Required for CAMA Permit. – An applicant for a permit under Article 7 of Chapter 113A of the General Statutes for which a water quality certification is required shall pay a fee established by the Secretary. The Secretary shall not establish a fee that exceeds the greater of the fee for a permit under Article 7 of Chapter 113A of the General Statutes or the fee for a water quality certification under subdivision (3) or (4) of this subsection.

(f)        Local Government Fee Authority Not Impaired. – This section shall not be construed to limit any authority that a unit of local government may have pursuant to any other provision of law to assess or collect a fee for the review of an application for a permit, the review of a mitigation plan, or the inspection of a site or a facility under any local program that is approved by the Commission under this Article.

SECTION 2.(c)  This section is effective when it becomes law and applies to applications for permits and certifications pending on, or submitted on or after, that date.

fast‑track stormwater permitting program changes

SECTION 3.(a)  Definitions. – For purposes of this section and its implementation, Fast‑Track Stormwater Permit Rule means 15A NCAC 02H .1044 (Fast Track Permitting Process: Final Permit Rule).

SECTION 3.(b)  Fast‑Track Stormwater Permit 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 Fast‑Track Stormwater Permit Rule as provided in subsection (c) of this section.

SECTION 3.(c)  Implementation. – Field surveys and signed, sealed, and dated plans of the site layout and the stormwater collection system shall not be required. In the event of an increase in built‑upon area or a change in SCM design from the permitted plans, the permit applicant shall not have the burden of providing evidence to ensure that the proposed system complies with all applicable water quality standards and requirements. A site inspection of the project shall not be allowed. The Division shall, within 30 days of receipt of a complete as‑built package, take a final action on the permit application.

SECTION 3.(d)  Additional Rulemaking Authority. – The Commission shall adopt a rule to amend the Fast‑Track Stormwater Permit 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 3.(e)  Sunset. – This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

SECTION 4.  Except as otherwise provided, this act is effective when it becomes law.