Bid Reqs/Permitting/Inundation Maps/CAMA.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 4
HOUSE BILL 352
Committee Substitute Favorable 3/25/25
Senate Agriculture, Energy, and Environment Committee Substitute Adopted 6/17/25
Senate Regulatory Reform Committee Substitute Adopted 6/18/25

Short Title: Bid Reqs/Permitting/Inundation Maps/CAMA. (Public)
Sponsors:
Referred to:
March 11, 2025
*H352-v-4*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE TH AT CONTRACTS FOR CON STRUCTION OF WATER A ND 2
SEWAGE SYSTEMS OR FA CILITIES MAY BE AWAR DED WHEN AT LEAST TW O 3
COMPETITIVE BIDS HAV E BEEN RECEIVED, TO LIMIT REPEATED REQUE STS 4
FOR ADDITIONAL INFOR MATION IN ENVIRONMEN TAL PERMITTING, TO 5
CLARIFY THAT CERTAIN DOWNSTREAM INUNDATION MAPS ARE SUBJECT TO 6
DISCLOSURE, TO CLARI FY THAT CERTAIN MAN -MADE DITCHES ARE NOT 7
COVERED UNDER THE COASTAL AREA MANAGEMENT ACT, AND TO REFORM 8
PERMITTING RELATED TO UPLAND BASIN MARINAS. 9
The General Assembly of North Carolina enacts: 10
SECTION 1.(a) G.S. 143-132 is amended by adding a new subsection to read: 11
"(a1) Notwithstanding the provisions of subsection (a) of this section, no contract to which 12
G.S. 143-129 applies for construction of water systems or facilities, or sewage disposal systems 13
or facilities, shall be awarded by any board or governing board of the State, or any political 14
subdivision of the State , unless two competitive bids have been received from reputable and 15
qualified contractors regularly engaged in their respective lines of endeavor. Except as provided 16
in this subsection, all requirements of subsection (a) of this section apply to the receipt of bids 17
and the award of construction contracts. For purposes of this subsection, the following definitions 18
shall apply: 19
(1) Sewage disposal systems or facilities. – Sewage disposal systems or facilities, 20
including all plants, works, instrumentalities, and properties used or useful in 21
the collection, treatment, purification, or disposal of sewage. 22
(2) Water systems or facilities. – Water systems or facilities, including all plants, 23
works, instrumentalities , and properties used or useful in obtaining, 24
conserving, treating, and distributing water for domestic or industrial use, 25
irrigation, sanitation, fire protection, or any other public or private use." 26
SECTION 1.(b) This section is effective when it becomes law and applies to 27
contracts for construction or repair work in an amount less than ten million dollars ($10,000,000) 28
entered into on or before December 31, 2027. 29
SECTION 2.(a) G.S. 143-214.7(b6) reads as rewritten: 30
"(b6) Permitting under the authority granted to the Commission by this section shall comply 31
with the procedures and time lines set forth in this subsection. For any development necessitating 32
stormwater measures subject to this section, applications for new permits, permit modifications, 33
permit transfers, permit renewals, and decisions to deny an application for a new permit, permit 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 352-Fourth Edition
modification, transfer, or renewal shall be in writing. Where the Commission has provided a 1
digital submission option, such submission shall constitute a written sub mission. The 2
Commission shall act on a permit application as quickly as possible. The Commission may 3
conduct any inquiry or investigation it considers necessary before acting on an application and 4
may require an applicant to submit plans, specifications, and other information the Commission 5
considers necessary to evaluate the application. If the Commission fails to act on an application 6
for a permit or for a renewal of a permit as specified in this subsection after the applicant submits 7
all information required by the Commission, the application shall be deemed approved without 8
modification. [The following provisions apply:]The following provisions apply: 9
(1) The Commission shall perform an administrative review of a new application 10
and of a resubmittal of a n application determined to be incomplete under 11
subdivision (3) of this subsection within 10 working days of receipt to 12
determine if the information is administratively complete. If complete, the 13
Commission shall issue a receipt letter or electronic respon se stating that the 14
application is complete and that a 70-calendar day technical review period has 15
started as of the original date the application was received. If required items 16
or information is not included, the application shall be deemed incomplete, 17
and the Commission shall issue an application receipt letter or electronic 18
response identifying the information required to complete the application 19
package before the technical review begins. When the required information is 20
received, the Commission shall then issue a receipt letter or electronic 21
response specifying that it is complete and that the 70 -calendar day review 22
period has started as of the date of receipt of all required information. The 23
Commission shall develop an application package checklist id entifying the 24
items and information required for an application to be considered 25
administratively complete. After issuing a letter or electronic response 26
requesting additional information based on the original submittal under this 27
subdivision, the Commissi on shall not subsequently request additional 28
information that was not previously identified as missing or required in that 29
additional information letter or electronic response from the original 30
submittal. The Commission may, however, respond to subsequent additional 31
information letter s or electronic responses with a request for additional 32
information limited to information missing from that subsequent additional 33
information letter or electronic response. 34
…." 35
SECTION 2.(b) G.S. 143-215.1(d) reads as rewritten: 36
"(d) Applications and Permits for Sewer Systems, Sewer System Extensions and 37
Pretreatment Facilities, Land Application of Waste, and for Wastewater Treatment Facilities Not 38
Discharging to the Surface Waters of the State. – 39
(1) Application in writing. – All applications for new permits and for renewals of 40
existing permits for sewer systems, sewer system extensions and for disposal 41
systems, and for land application of waste, or treatment works which do not 42
discharge to the surface water s of the State, and all permits or renewals and 43
decisions denying any application for permit or renewal shall be in writing. 44
Where the Commission has provided a digital submission option, the 45
submission shall constitute a written submission. 46
(1a) Application review. – The Commission shall act on a permit application as 47
quickly as possible. The Commission may conduct any inquiry or 48
investigation it considers necessary before acting on an application and may 49
require an applicant to submit plans, specifications, and other information the 50
Commission considers necessary to evaluate the application. After issuing a 51
General Assembly Of North Carolina Session 2025
House Bill 352-Fourth Edition Page 3
request for additional information based on the original application submittal, 1
the Commission shall not subsequently request additional information th at 2
was not previously identified as missing or required in that request for 3
additional information based on the original application submittal. The 4
Commission may, however, respond to subsequent submissions of additional 5
information with a request for addi tional information limited to information 6
missing from that subsequent submission. Permits and renewals issued in 7
approving such facilities pursuant to this subsection shall be effective until the 8
date specified therein or until rescinded unless modified o r revoked by the 9
Commission. If the Commission fails to act on an application for a permit or 10
for a renewal of a permit as specified in this subdivision after the applicant 11
submits all information required by the Commission, the application shall be 12
deemed approved. 13
(1c) Notice for l and application of bulk residuals. – Prior to acting on a permit 14
application for the land application of bulk residuals resulting from the 15
operation of a wastewater treatment facility, the Commission shall provide 16
notice and an opportunity for comment from the governing board of the 17
county in which the site of the land application of bulk residuals is proposed 18
to be located. 19
(1d) Pretreatment programs. – Local governmental units to whom pretreatment 20
program authority has been delegated shall establish, maintain, and provide to 21
the public, upon written request, a list of pretreatment applications received. 22
If the Commission fails to act on an application for a permit or for a renewal 23
of a permit as specified in this subdivision aft er the applicant submits all 24
information required by the Commission, the application shall be deemed 25
approved. 26
a.(1e) Fast-track sewer extensions. – Where a professional engineer provides 27
certification that the design meets or exceeds Minimum Design Criteria 28
developed by the Department applicable to the project, the Commission shall 29
perform a review of a new application for a sewer system extension permit 30
within 45 days of receipt of a complete application. application as provided in 31
this subdivision. A complete application is defined as an application that 32
includes all the required components described in the application form. 33
a. Administrative review. – The Commission shall perform an 34
administrative review of a new application within 10 days of receipt 35
to determine if all the required information is included in the 36
application. If complete, the Commission shall issue a receipt letter or 37
electronic response stating that the application is complete and that a 38
45-calendar day technical review period has started as of the original 39
date the complete application was received. 40
b. Application incomplete. – If required items or information is not 41
included, the application shall be deemed incomplete, and the 42
Commission shall issue an application receipt letter or electronic 43
response identifying the information required to complete the 44
application package before the technical revie w begins. When the 45
required information is received, the Commission shall then issue a 46
receipt letter or electronic response specifying that it is complete and 47
that the 45 -calendar day review period has started as of the date of 48
receipt of all required inf ormation. If additional information is 49
required to complete the technical review, the Commission shall issue 50
a request for additional information required to complete the review, 51
General Assembly Of North Carolina Session 2025
Page 4 House Bill 352-Fourth Edition
and the review time shall pause until the additional information is 1
received. If the requested additional information is not received within 2
30 days, the application shall be returned to the applicant. Upon receipt 3
of the requested additional information, the review time shall restart at 4
the same day it was paused by the additional information request. After 5
issuing a request for additional information based on the original 6
submittal under this sub-subdivision, the Commission shall not 7
subsequently request additional information that was not previously 8
identified as missing or requi red in that request for additional 9
information based on the original submittal. The Commission may, 10
however, respond to subsequent submissions of additional information 11
with a request for additional information limited to information 12
missing from that subsequent submission. 13
c. Application approved. – If approved, the Commission shall issue an 14
approval letter or electronic correspondence indicating approval of the 15
application. After construction of the sewer system is completed, and 16
within 14 days of receivi ng all necessary certifications from a 17
professional engineer that the sewer system extension complies with 18
all applicable rules and Minimum Design Criteria, the Commission 19
shall issue a receipt of certification. Applications for alternative sewer 20
systems as defined in sub-subdivision b. d. of this subdivision are not 21
eligible for this fast-track review. 22
b.d. [Alternative sewer system defined. –] Alternative sewer system 23
defined. – "Alternative sewer system" means any sewer system or 24
collection system other than a gravity system or standard pump station 25
and force main. These include pressure sewer systems, septic tank with 26
effluent pump (STEP) sewer systems, vacuum sewer system, and 27
small diameter variable grade gravity sewers. 28
…." 29
SECTION 2.(c) G.S. 130A-328(c1) reads as rewritten: 30
"(c1) The Department shall perform a review of an application for a water distribution 31
system authorization subject to the following requirements: 32
(1) The Department shall review the application within 45 days of receipt of a 33
complete application when a professional engineer provides certification that 34
the design meets or exceeds the Minimum Design Criteria developed by the 35
Department applicable to the project. For purposes of this section, a complete 36
application is defined as an application that includes all of the required 37
components described in the application form. 38
(2) The Department shall perform an administrative review of a new application 39
within 10 days of receipt to determine if all required information is included 40
in the application. If the application is complete, the Department shall issue a 41
receipt letter or electronic response stating that the application is complete and 42
that a 45 -calendar day technical review period has started as of the date on 43
which the Department received the complete application. If required items or 44
information are not included in the application, the application is incomplete, 45
and the Department shall issue an application receipt letter or electronic 46
response identifying the information require d to complete the application 47
before the technical review begins. When the Department receives the 48
required information, the Department shall issue a receipt letter or electronic 49
response specifying that the application is complete and that the 45 -calendar 50
day review period has started as of the date on which the Department received 51
General Assembly Of North Carolina Session 2025
House Bill 352-Fourth Edition Page 5
the remaining required information. After issuing a request for additional 1
information based on the original submittal under this subdivision, the 2
Department shall not subsequently request additional information that was not 3
previously identified as missing or required in that request for additional 4
information based on the original submittal. The Department may, however, 5
respond to subsequent submissions of additional information with a request 6
for additional information limited to information missing from that 7
subsequent submission. 8
(3) If additional information is required to complete the technical review, the 9
Department shall issue a request for additional information required to 10
complete the review, and the 45 -calendar day technical review period shall 11
pause until the additional information is received. If the Department does not 12
receive the requested additional information from the applicant within 30 13
calendar days, the Department shall return the application to the applicant. 14
(4) If the Department receives the additional information from the applicant 15
within 30 days, the technical review period review time shall restart, and the 16
Department shall complete its review within the number of days that remained 17
in the technical review period on the date the technical review period was 18
paused by the request for additional information. 19
(5) Should the Department not complete its review of the application within the 20
45-day technical review period, the application shall be considered deemed 21
approved." 22
SECTION 2.(d) G.S. 143-215.108 reads as rewritten: 23
"§ 143-215.108. Control of sources of air pollution; permits required. 24
… 25
(d)(1) The Commission may conduct any inquiry or investigation it considers 26
necessary before acting on an application and may require an applicant to 27
submit plans, specifications, and other information the Commission considers 28
necessary to evaluate the application. A permit application may not be deemed 29
complete unless it is accompanied by a copy of the request for determination 30
as provided in subsection (f) of this section that bears a date of receipt entered 31
by the clerk of the local government and until the 15 -day period for issuance 32
of a determination has elapsed. 33
(2) (Effective until contingency met – see note) The Commission shall adopt 34
rules specifying the times within which it must act upon applications for 35
permits required by Title V and other permits required by this section. The 36
times specified shall be extended for the period during which the Commission 37
is prohibited from issuing a permit under subdivisions (3) and (4) of this 38
subsection. The Commission shall inform a permit applicant as to whether or 39
not the application is complete within the time specified in the rules for action 40
on the application. If the Commission fails to act on an application for a permit 41
required by Title V or this section within the time period specified, the failure 42
to act on the application constitutes a final agency decision to deny the permit. 43
A permit applicant, permittee, or other person aggrieved, as defined in 44
G.S. 150B-2, may seek judicial review of a failure to act on the application as 45
provided in G.S. 143-215.5 and Article 4 of Chapter 150B of the General 46
Statutes. Notwithstanding the provisions of G.S. 150B-51, upon review of a 47
failure to act on an application for a permit required by Title V or this section, 48
a court may either: (i) affirm the denial of the permit or (ii) remand the 49
application to the Comm ission for action upon the application within a 50
specified time. 51
General Assembly Of North Carolina Session 2025
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(2) (Effective once contingency met – see note) The Commission shall adopt 1
rules specifying the times within which it must act upon applications for 2
permits required by Title V and other permi ts required by this section. The 3
rules shall provide, at a minimum, that the Department shall issue the permit, 4
deny the permit, or publish the permit for public notice and comment within 5
90 calendar days of receipt of an administratively complete applicat ion for a 6
minor modification, or within 270 calendar days of receipt of an 7
administratively complete application for a major modification. The 8
Commission shall inform a permit applicant as to whether or not the 9
application is complete within the time specified in the rules for action on the 10
application. If the Commission fails to act on an application for a permit 11
required by Title V or this section within the time period specified, the permit 12
applicant, permittee, or other person aggrieved, as defined in G .S. 150B-2, 13
may commence a contested case under G.S. 150B-23(a4). 14
(2a) After issuing a request for additional information based on an original 15
submittal for a small or synthetic minor permit, the Department shall not 16
subsequently request additional information that was not previously identified 17
as missing or required in that request for additional information based on the 18
original submittal. The Department may, however, respond to subsequent 19
submissions of additional information with a request for additiona l 20
information limited to information missing from that subsequent submission. 21
(3) If the Administrator of the United States Environmental Protection Agency 22
validly objects to the issuance of a permit required by Title V within 45 days 23
after the Administrator receives the proposed permit and the required portions 24
of the permit application, the Commission shall not issue the permit until the 25
Commission revises the proposed permit to meet all objections noted by the 26
Administrator or otherwise satisfies all objections consistent with Title V and 27
implementing regulations adopted by the United States Environmental 28
Protection Agency. 29
(4) If the Administrator of the United States Environmental Protection Agency 30
validly objects to the issuance of a permit required by Title V after the 31
expiration of the 45 -day review period specified in subdivision (3) of this 32
subsection as a result of a petition filed pursuant to section 505(b)(2) of Title 33
V (42 U.S.C. § 7661d(b)(2)) and prior to the issuance of the permit by the 34
Commission, the Commission shall not issue the permit until the Commission 35
revises the proposed permit to meet all objections noted by the Administrator 36
or otherwise satisfies all objections consistent with Title V and implementing 37
regulations adopted by the United States Environmental Protection Agency. 38
… 39
(h) Expedited Review of Applications Certified by a Professional Engineer. – The 40
Commission shall adopt rules governing the submittal of permit applications certified by a 41
professional engineer, including draft permits, that can be sent to public notice and hearing upon 42
receipt and subjected to technical review by personnel within the Department. These rules shall 43
specify, at a minimum, any forms to be used; a checklist for applicants that lists all items of 44
information required to prepare a complete permit application; the form of the certification 45
required on the application by a professional engineer; and the information that must be included 46
in the draft permit. The Department shall process an application that is certified by a professional 47
engineer as provided in subdivisions (1) through (7) of this subsection. 48
(1) Initiation of Review. – Upon receipt of an application certified by a 49
professional engineer in accordance with this subsection and the rules adopted 50
pursuant to this subsection, the Department shall determine whether the 51
General Assembly Of North Carolina Session 2025
House Bill 352-Fourth Edition Page 7
application is complete as provided in subdivision (2) of this subsection. 1
Within 30 days after the date on which an application is determined to be 2
complete, the Department shall: 3
a. Publish any required notices, using the draft permit included with the 4
application; 5
b. Schedule any required public meetings or hearings on the application 6
and permit; and 7
c. Initiate any and all technical review of the application in a man ner to 8
ensure substantial completion of the technical review by the time of 9
any public hearing on the application, or if there is no hearing, by the 10
close of the notice period. 11
(2) Completeness Review. – Within 10 working days of receipt of the permit 12
application certified by a professional engineer under this subsection, the 13
Department shall determine whether the application is complete for purposes 14
of this subsection. The Department shall determine whether the permit 15
application certified by a professional engineer is complete by comparing the 16
information provided in the application with the checklist contained in the 17
rules adopted by the Commission pursuant to this subsection. 18
a. If the application is not complete, the Department shall promptly 19
notify the applicant in writing of all deficiencies of the application, 20
specifying the items that need to be included, modified, or 21
supplemented in order to make the application complete, and the 22
10-day time period is suspended after this request for further 23
information. If the applicant submits the requested information within 24
the time specified, the 10-day time period shall begin again on the day 25
the additional information was submitted. If the additional information 26
is not submitted within the time periods specifi ed, the Department 27
shall return the application to the applicant, and the applicant may treat 28
the return of the application as a denial of the application or may 29
resubmit the application at a later time. After issuing a request for 30
additional information b ased on the original submittal under this 31
subdivision, the Department shall not subsequently request additional 32
information that was not previously identified as missing or required 33
in that request for additional information based on the original 34
submittal. The Department may, however, respond to subsequent 35
submissions of additional information with a request for additional 36
information limited to information missing from that subsequent 37
submission. 38
b. If the Department fails to notify the applicant that an application is not 39
complete within the time period set forth in this subsection, the 40
application shall be deemed to be complete. 41
…." 42
SECTION 2.(e) G.S. 130A-295.8 reads as rewritten: 43
"§ 130A-295.8. Fees applicable to permits for solid waste management facilities. 44
… 45
(e) The Department shall determine whether an application for a permit for a solid waste 46
management facility that is subject to a fee under this section is complete within 90 days after 47
the Department receives the application for the permit. A determination of completeness means 48
that the application includes all required components but does not mean that the required 49
components provide all of the information that is required for the Department to make a decision 50
on the application. If the Depa rtment determines that an application is not complete, the 51
General Assembly Of North Carolina Session 2025
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Department shall notify the applicant of the components needed to complete the application. An 1
applicant may submit additional information to the Department to cure the deficiencies in the 2
application. After issuing a request for additional information based on the original submittal 3
under this subsection, the Department shall not subsequently request additional information that 4
was not previously identified as missing or required in that request fo r additional information 5
based on the original submittal. The Department may, however, respond to subsequent 6
submissions of additional information with a request for additional information limited to 7
information missing from that subsequent submission. The Department shall make a final 8
determination as to whether the application is complete within the later of: (i) 90 days after the 9
Department receives the application for the permit less the number of days that the applicant uses 10
to provide the additional information; or (ii) 30 days after the Department receives the additional 11
information from the applicant. The Department shall issue a draft permit decision on an 12
application for a permit within one year after the Department determines that the application is 13
complete. The Department shall hold a public hearing and accept written comment on the draft 14
permit decision for a period of not less than 30 or more than 60 days after the Department issues 15
a draft permit decision. The Department shall issue a final pe rmit decision on an application for 16
a permit within 90 days after the comment period on the draft permit decision closes. The 17
Department and the applicant may mutually agree to extend any time period under this 18
subsection. If the Department fails to act wi thin any time period set out in this subsection, the 19
applicant may treat the failure to act as a denial of the permit and may challenge the denial as 20
provided in Chapter 150B of the General Statutes." 21
SECTION 2.(f) This section is effective when it becomes law and applies to permit 22
applications submitted on or after that date. 23
SECTION 3. G.S. 143-215.31 reads as rewritten: 24
"§ 143-215.31. Supervision over maintenance and operation of dams. 25
… 26
(a1) The owner of a dam classified by the Department as a high -hazard dam or an 27
intermediate-hazard dam shall develop an Emergency Action Plan for the dam as provided in this 28
subsection: 29
… 30
(6) Information included in an Emergency Action Plan that constitutes sensitive 31
public security information, as provided in G.S. 132-1.7, shall be maintained 32
as confidential information and shall not be subject to disclosure under the 33
Public Records Act. For purposes of this section, "sensitive public security 34
information" shall include includes Critical Energy Infrastructure Information 35
protected from disclosure under rules adopted by the Federal Energy 36
Regulatory Commission in 18 C.F.R. § 388.112.18 C.F.R. § 388.112, but does 37
not include Emergency Action Plans or downstream inundation maps 38
associated with impoundments or dams not regulated by the Federal Energy 39
Regulatory Commission. 40
…." 41
SECTION 4.(a) G.S. 113A-103 is amended by adding a new subdivision to read: 42
"(8a) "Man-made ditches" mean constructed, altered, or excavated features used to 43
convey water, including, but not limited to , artificial ponds, culverts, canals, 44
swales, storm channels, minor -drainage features, and roadside ditches . For 45
purposes of this subdivision, the term "altered" does not include the alteration 46
of a natural shoreline, and the term "excavated" does not include submerged 47
lands that have been dredged for the purpose of navigation." 48
SECTION 4.(b) G.S. 113A-113 reads as rewritten: 49
"§ 113A-113. Areas of environmental concern; in general. 50
… 51
General Assembly Of North Carolina Session 2025
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(b) The Commission may designate as areas of environmental concern any one or more 1
of the following, singly or in combination: 2
… 3
(2) Estuarine waters, that is, all the water of the Atlantic Ocean within the 4
boundary of North Carolina and all the waters of the bays, sounds, rivers, and 5
tributaries tributaries, excluding man-made ditches under G.S. 113A-103(8a) 6
thereto seaward of the dividing line between coastal fishing waters and inland 7
fishing waters, as set forth in the most recent official published agreement 8
adopted by the Wildlife Resources Commission and the Department of 9
Environmental Quality; 10
… 11
(5) Areas such as waterways and lands under or flowed by tidal waters or 12
navigable waters, excluding man-made ditches under G.S. 113A-103(8a), to 13
which the public may have rights of access or public trust rights, and areas 14
which the State of North Carolina may be authorized to preserve, conserve, or 15
protect under Article XIV, Sec. 5 of the North Carolina Constitution; 16
… 17
(b1) The Commission may not designate man -made ditches, as defined under 18
G.S. 113A-103(8a), as areas of environmental concern. 19
…." 20
SECTION 4.(c) G.S. 113-229(n)(3) reads as rewritten: 21
"(3) "Marshland" means any salt marsh or other marsh subject to regular or 22
occasional flooding by tides, including wind tides (whether or not the 23
tidewaters reach the marshland areas through natural or artificial 24
watercourses), provided this shall not include hurricane or tropical storm tides. 25
Salt marshland or other marsh shall be those areas upon which grow some, 26
but not necessarily all, of the followin g salt marsh and marsh plant species: 27
Smooth or salt water Cordgrass (Spartina alterniflora), Black Needlerush 28
(Juncus roemerianus), Glasswort (Salicornia spp.), Salt Grass (Distichlis 29
spicata), Sea Lavender (Limonium spp.), Bulrush (Scirpus spp.), Saw Gra ss 30
(Cladium jamaicense), Cattail (Typha spp.), Salt -Meadow Grass(Spartina 31
patens), and Salt Reed-Grass (Spartina cynosuroides). A marshland shall not 32
include any area contained within a man -made ditch as defined under 33
G.S. 113A-103(8a)." 34
SECTION 5.(a) Article 7 of Chapter 113A of the General Statutes is amended by 35
adding a new Part to read: 36
"Part 5A. Upland Basin Marinas. 37
"§ 113A-129.10. Legislative findings; broad construction. 38
(a) The General Assembly finds that development of properly sited and planned upland 39
basin marinas to accommodate vessels promotes the public welfare for a number of reasons, 40
including all of the following: 41
(1) Increasing riparian property owner access to the State's public trust waters. 42
(2) Expanding the total area of the State's public trust waters. 43
(3) Reducing and confining potential storm debris. 44
(4) Reducing the need for additional onshore impervious surfaces associated with 45
parking. 46
(5) Promoting the use of innovative technologies. 47
(6) Promoting the collection of site -specific data designed to assure compliance 48
with applicable water quality standards. 49
(7) Maintaining or improving overall water quality when sited, designed, 50
constructed, and operated in conformance with the provisions of this Part. 51
General Assembly Of North Carolina Session 2025
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(b) Accordingly, it is the intent of the General Assembly that this Part be broadly 1
construed to further the general purposes stated in this Part. 2
"§ 113A-129.11. Definitions. 3
As used in this Part, the following definitions apply: 4
(1) AEC or Area of Environmental Concern. – An area designated by the Coastal 5
Resources Commission pursuant to G.S. 113A-113. 6
(2) Boat slip. – Any structure adjoining, attached to, or part of a pier which has 7
the capacity to store one boat. 8
(3) Upland basin marina. – A marina constructed by excavating or dredging lands 9
of elevations above the current mean or ordinary high-water mark and 10
designed to accommodate more than 10 vessels or boat slips . Upland basin 11
marinas shall be considered a water dependent use for purposes of general use 12
standards adopted by the Coastal Resources Commission. 13
"§ 113A-129.12. Upland basin marina permitting and development. 14
(a) Unless the Director of the Division of Water Resources or the Director of the Division 15
of Coastal Management makes a finding, based on site -specific technical information , that the 16
applicant cannot comply with one or more of the criteria listed in subsection (b) of this section , 17
the Division of Water Resource s and the Division of Coastal Management shall approve an 18
application for the development of an upland basin marina project, within 60 days after the 19
applicant submits a completed application or supplemental information requested by the 20
Department to demonstrate compliance with all of the criteria set forth in subsection (b) of this 21
section. The Department may make one written request for any supplemental information 22
necessary to make its finding within 30 days after the applicant submits a complete ap plication, 23
and the permit may be conditioned upon measures that are necessary to ensure that the applicant 24
complies with all of the criteria set forth in subsection (b) of this section. When the Department 25
requests supplemental information, the 60 -day review period restarts upon receipt of the 26
supplemental information requested by the Department. If the Department fails to act on an 27
application for the development of an upland basin marina project within the 60-day review period, 28
the application shall be deemed approved. 29
(b) The criteria with which an upland basin marina shall comply to qualify for permitting 30
pursuant to subsection (a) of this section are all of the following: 31
(1) The upland basin marina is designed to accommodate 10 or more vessels , 32
including individual homeowner boat slips, boat lifts, or dry stack storage. 33
(2) The waters contained in the upland basin marina have a dissolved oxygen 34
content equal to or greater than the dissolved oxygen content of the water 35
located 50 feet plus or min us 5 feet from the entrance to the upland basin 36
marina before development. As part of the application, an applicant shall 37
provide to the Division of Water Resources and the Division of Coastal 38
Management site-specific sampling data documenting pre -project dissolved 39
oxygen levels of the water located 50 feet plus or minus 5 feet from each 40
proposed entrance to the proposed upland basin marina. Waters located within 41
the upland basin marina shall be classified the same as the waters in the 42
immediate vicinity of any entrance to the upland basin marina. 43
(3) The project has a bond or set -aside funds for the long -term operation and 44
maintenance of any technology required to meet or exceed then-applicable 45
water quality standards. The applicant shall provide an estimate of annual 46
operation and maintenance costs and the bond or set-aside funds shall be equal 47
to five years of the estimated annual operation and maintenance costs. 48
(4) Construction of the upland basin marina impacts or removes a total area of 49
coastal wetlands that is no more than five percent (5%) of the total area of the 50
proposed upland basin marina waters. 51
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House Bill 352-Fourth Edition Page 11
(5) Construction of t he upland basin marina impacts or removes a total linear 1
footage of coastal wetlands fringe that is no more than ten percent (10%) of 2
the total linear footage of existing coastal wetlands along the shoreline of the 3
property or properties of the permit applicant. 4
(6) The proposed upland basin marina project complies with specific use 5
standards adopted by the Coastal Resources Commission for navigation 6
channels, canals, and boat basins. An upland basin marina project shall not be 7
considered a "finger canal" or "finger canal system" if the project does not 8
contain right angle corners. 9
(7) The upland basin marina has a 30-foot vegetated buffer or buffers along the 10
post-project shoreline , excluding any newly created inside shorelines , if 11
required by the Department. 12
(8) The proposed upland basin marina project complies with specific use 13
standards adopted by the Coastal Resources Commission for marinas, except 14
that a stormwater management system may be located within the 30 -foot 15
buffer area described in subdivision (7) of this subsection. 16
(9) The project includes mitigation or has mitigation credits for wetland impacts 17
caused by excavation or construction of entrances, exits, and upland vessel 18
accommodation areas, where such entrances, exits, and upland vessel 19
accommodation areas exceed 125 linear feet of shoreline in total. 20
(10) The upland basin marina is sited and designed to avoid significant adverse 21
impacts to the productivity and biologic integrity of coastal wetlands, shellfish 22
beds, submerged aquatic vegetation, water quality, and spawning and primary 23
nursery areas. Compliance with subdivisions (1) through ( 10) of this 24
subsection shall create a presumption that the project has avoided significant 25
adverse impacts to the productivity and biologic integrity of coastal wetlands, 26
non-coastal wetlands , shellfish beds, submerged aquatic vegetation, water 27
quality, spawning areas, and primary nursery areas and to have complied with 28
State water quality antidegradation requirements . Compliance constitutes 29
appropriate avoidance of significant adverse environmental impacts, 30
including those identified in this Part. 31
(c) The submission of a Major Development Coastal Area Management Act (CAMA) 32
permit application for an upland basin marina project shall constitute a complete application for 33
purposes of water quality certification review by the Division of Water Resources . Unless the 34
Director of the Division of Water Resources or the Director of the Division of Coastal 35
Management objects in writing or requests additional information necessary to evaluate 36
compliance with water quality standards as provided in subsection (a) of this section, no further 37
information shall be required by the D epartment for purposes of evaluating whether the upland 38
basin marina project will comply with water quality standards or CAMA use standards referenced 39
in this Part . Compliance with t he Major Development CAMA permitting process shall also 40
constitute compliance with all relevant provisions of Article 1 of this Chapter. 41
(d) The Department shall allow a n applicant for an upland basin marina project to use 42
innovative technology to maintain dissolved oxygen levels or improve dissolved oxygen above 43
pre-project ambient dissolved oxygen levels in the immediate vicinity of the entrance to the 44
upland basin marina. If the applicant proposes the use of innovative technology, the Department 45
shall require the permit holder to provide financial assurance, in the form of a bond or set -aside 46
funds, for long-term operation and maintenance of the innovative technology, in accordance with 47
subdivision (b)(3) of this section. If the applicant provides a certification from a North Carolina 48
licensed professional engineer that the proposed innovative technology is capable of attai ning 49
required dissolved oxygen levels within the proposed upland basin marina, the Department shall 50
not require any additional information. 51
General Assembly Of North Carolina Session 2025
Page 12 House Bill 352-Fourth Edition
(e) In the absence of site -specific technical concerns provided to the applicant by the 1
Director of the Division of Water Resources or the Director of the Division of Coastal 2
Management based on information provided during the permit review process, an upland basin 3
marina project that satisfies the criteria provided in subsection (b) of this section shall be deemed 4
to satisfy all of the following: 5
(1) CAMA management objectives and relevant use standards of the estuarine 6
and ocean system AECs. 7
(2) CAMA management objectives and use standards of the coastal wetlands 8
AEC. 9
(3) The policy goals stated in G.S. 113-102(b). 10
(f) Nothing in this section shall be construed to abrogate t he Department's authority to 11
ensure long-term compliance with applicable water quality standards in light of the goals and 12
requirements set forth in this Part. If data collected as part of the require ments of this Part, or 13
otherwise, indicate noncompliance with applicable wat er quality standards in the waters within 14
the upland basin marina or adjacent waters within the vicinity of each entrance to the upland 15
basin marina, the Department may require the owner of the upland basin marina development at 16
the time of the noncompliance to bring the waters within the upland basin marina and adjacent 17
waters into compliance with applicable water quality standards, in light of the overall goals and 18
policies set forth in this Part to promote the construction and use of upland basin marinas. 19
(g) Nothing in this section shall obviate the need for an applicant to obtain all relevant 20
federal permits required for the upland basin marina project." 21
SECTION 5.(b) G.S. 143-214.1A reads as rewritten: 22
"§ 143-214.1A. Water quality certification requirements for certain projects. 23
(a) The following requirements shall govern applications for certification filed with the 24
Department pursuant to section 401 of the Clean W ater Act, 33 U.S.C. § 1341(a)(1), for (i) 25
maintenance dredging projects partially funded by the Shallow Draft Navigation Channel 26
Dredging and Aquatic Weed Fund and Fund, (ii) projects involving the distribution or 27
transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity:electricity, 28
and (iii) projects involving construction of an upland basin marina, as defined in 29
G.S. 113A-129.11: 30
…." 31
SECTION 5.(c) Subsection (b) of this section is effective when it becomes law and 32
applies to applications for section 401 certification pending or submitted on or after that date. 33
SECTION 6. Except as otherwise provided, this act is effective when it becomes 34
law. 35