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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2025-50
HOUSE BILL 768
*H768-v-6*
AN ACT TO DIRECT THE NORTH CAROLINA BUILDING CODE COUNCIL TO ADOPT
RULES TO AMEND THE S TATE BUILDING CODE A ND STATE FIRE CODE T O
CLARIFY EXEMPTIONS F ROM IN -BUILDING EMER GENCY RESPONDER
COMMUNICATION COVERA GE REQUIREMENTS; TO PROVIDE FOR THE
FILLING OF VACANCIES ON CERTAIN SANITARY BOARDS; AND TO ESTABLISH
STATUTORY REQUIREMEN TS FOR THE DEPARTMEN T OF ENVIRONMENTAL
QUALITY'S HANDLING O F APPLICATIONS FOR 4 01 CERTIFICATIONS FO R
PROJECTS THAT ARE EL IGIBLE FOR A NATIONW IDE PERMIT OR REGION AL
GENERAL PERMIT.
The General Assembly of North Carolina enacts:
CLARIFY FIRE CODE EXEMPTIONS FROM IN -BUILDING EMERGENCY
RESPONDER COMMUNICATION COVERAGE REQUIREMENTS
SECTION 1.(a) Definitions. – For purposes of this section, the following are
defined:
(1) Code. – The Nor th Carolina State Building Code collection, including the
North Carolina Fire Code, and amendments thereto, as adopted by the
Council.
(2) Council. – The North Carolina Building Code Council.
(3) Emergency responder communication coverage requirements. – The
requirements for in-building emergency responder communications coverage
systems specified under Section 510 of the North Carolina Fire Code.
SECTION 1.(b) Exemptions Established. – Notwithstanding the emergency
responder communication coverage require ments of the Code, the following buildings and
structures, whether existing, newly constructed, or altered after the effective date of this act, are
exempt from those requirements:
(1) R-2 Apartment Buildings of Type V construction that meet the egress
requirements of the Code.
(2) Apartment buildings and transient public lodging establishments, including
hotels and motels, not exceeding two stories above grade plane and that
provide direct exterior egress from each dwelling unit or guest room.
SECTION 1.(c ) Treatment of Existing Systems in Exempted Buildings. –
Notwithstanding Section 901.6 of the North Carolina Fire Code or any other provision of the
Code that might require the removal of nonrequired, obsolete, or abandoned systems, an
emergency responder communication coverage system installed prior to the effective date of this
act in a building or structure that meets the exemption criteria established in subsection (b) of
this section may be disconnected as follows:
(1) Systems that are monitored by a fire alarm system shall be properly
disconnected to eliminate unnecessary supervisory signals.
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(2) Primary and secondary power sources shall be permanently removed by
disconnecting the primary power from the circuit breaker and removing the
secondary backup batteries and/or emergency generator connection.
(3) The system shall be permanently disconnected from the donor antenna. Where
the donor antenna is left in place, lightning protection for the antenna and mast
shall be maintained.
(4) Signal booster shall be labeled with signage that states "Emergency Responder
Communication Coverage is disconnected as permitted by Section 510 of the
North Carolina Fire Code."
SECTION 1.(d) Rulemaking Required. – The Council shall adopt rules to amend
the Code, specifica lly Section 510 of the North Carolina Fire Code and any related sections
addressing emergency responder communication coverage, to incorporate the exemptions listed
in subsection (b) of this section and the provisions regarding existing systems in subsecti on (c)
of this section. Notwithstanding G.S. 150B-19(4), the rules adopted by the Council pursuant to
this section shall be substantively identical to the provisions of subsections (b) and (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) Interim Application of Exemptions. – Until the effective date of the
permanent rules that the Council is required to adopt pursuant to subsection (d) of this section,
the Council and local governments enforcing the Code shall not enforce the emergency responder
communication coverage requirements against buildings and structures that meet the exemption
criteria established in subsection (b) of this section and shall apply the provisions regarding
existing systems established in subsection (c) of this section.
SECTION 1.(f) Sunset. – This section expires when permanent rules adopted as
required by subsection (d) of this section become effective.
VACANCY APPOINTMENTS FOR CERTAIN SANITARY BOARDS
SECTION 2. G.S. 130A-50(h) reads as rewritten:
"(h) For purposes of the election of the members of the sanitary district board, a sanitary
district board shall adopt single-member residency districts in which only a person residing in a
single-member residency district shall be eligible as a can didate in the election for the seat
apportioned to that single-member residency district, but candidates shall be elected at large by
the qualified voters of the entire sanitary district. The district boundaries shall be established by
resolution adopted b y the sanitary district board following a public hearing on the matter. The
resolution, and a copy of a map depicting the single-member residency districts as adopted, shall
be filed with the county board of elections. The most recent federal decennial cen sus data shall
be used as the sole basis of population for the establishment of the single -member residency
districts. The single-member residency districts shall be revised after the return of each federal
decennial census as necessary. Notwithstanding su bsection (b) of this section, members of a
sanitary district board under this subsection shall serve staggered four -year terms and the
staggering shall be taken into consideration when adopting or revising the single -member
residency districts. Any vacancy in a sanitary district board shall be filled by the remaining
sanitary district board members until the next election for sanitary district board members. A
vacancy must be filled by a resident from the same residency district as the residency district of
the vacating commissioner. This subsection shall apply only to a sanitary district that provides
water and sewer service lying wholly within a county with more than 17 municipalities lying
wholly within that county."
House Bill 768 Session Law 2025-50 Page 3
ESTABLISH STATUTORY REQUIREMENTS FOR THE DEPARTMENT OF
ENVIRONMENTAL QUALITY'S HANDLING OF APPLICATIONS FOR 401
CERTIFICATIONS FOR PROJECTS THAT ARE ELIGIBLE FOR A NATIONWIDE
PERMIT OR REGIONAL GENERAL PERMIT ISSUED BY THE UNITED STATES
ARMY CORPS OF ENGINEERS
SECTION 3.(a) G.S. 143-214.1A is amended by adding two new subsections to
read:
"(c) For projects that are eligible for a Nationwide Permit or Regional General Permit
issued by the United States Army Corps of Engineers, which are not subject to subsection (a) of
this section, and are required or elect to be covered under an Individual Water Quality
Certification, the Department shall perform a review of an application pursuant to all of the
following requirements:
(1) On receipt of such application, the Department shall notify the appl icant of
any required fee within five business days. If the Department does not send
the applicant a fee request within five business days of receipt of an
application, the fee is waived. The Department's review period shall begin on
the date the application fee is paid, or on the sixth business day from receipt
when the application fee has been waived pursuant to this subdivision. For
application fees that are paid via interagency batch payment, the review period
shall start on receipt of the application b y the Division of Water Resources.
The Department shall additionally post any public notice required under the
federal Clean Water Act within five business days of receipt of an application.
(2) Within 30 business days of the beginning of the review period, the Department
shall (i) determine whether or not the application is complete and notify the
applicant accordingly and, (ii) if the Department determines an application is
incomplete, specify all such deficiencies in a notice to the applicant. The
applicant may file an amended application or supplemental information to
cure the deficiencies identified by the Department for the Department 's
review. Review of amended applications or supplemental information
responses provided by the applicant shall occur wi thin 20 business days of
receipt. An application may be deemed incomplete only if it does not provide
sufficient information necessary for the Department to determine if the
proposed discharges into navigable waters will comply with State water
quality req uirements. If the Department fails to issue a notice that the
application is incomplete within the requisite initial 30 -day period, or the
supplemental 20-day review period, the application shall be deemed complete.
As used in this section, State water quality requirements means water quality
standards approved by the United States Environmental Protection Agency
pursuant to 33 U.S.C. § 1313(c)(3).
(3) If the Department determines that a public hearing is necessary pursuant to
applicable requirements, the Department shall notify the applicant within the
review period outlined in sub division (2) of this subsection. If the hearing
officer determines that additional information is required from the applicant
at the conclusion of the public hearing comment period, the Department shall
notify the applicant within 15 business days of the conclusion of the comment
period and the supplemental information shall be subject to the review time
lines laid out in subdivision (2) of this subsection.
(4) The Department sh all either approve or deny an application within (i) 10
business days of the date the application is deemed complete if no public
hearing is held or (ii) 15 business days of the close of the record if a public
hearing is held and no additional information is required. Failure of the
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Department to approve or deny the application within the requisite time
period, as applicable, shall result in a waiver of the certification requirement
by the State, unless the applicant agrees, in writing, to an extension of t ime,
which shall not exceed one year from the State's receipt of the application for
certification.
(5) The Department shall issue a certification, with or without conditions or
limitations, upon determining that the proposed discharges into navigable
waters subject to the federal Clean Water Act will comply with State water
quality requirements. The Department may include as conditions or
limitations in a certification any effluent limitations or other limitations
necessary to assure the proposed discharges into navigable waters subject to
the federal Clean Water Act will comply with State water quality
requirements. The Department shall not impose any other conditions or
limitations in a certification.
(6) The Department shall deny a certification application only if it determines that
no reasonable conditions or limitations would provide assurance that the
proposed discharges into navigable waters subject to the federal Clean Water
Act will comply with State water quality requirements. The denial shall
include a statement explaining why the Department determined the proposed
discharges into navigable waters subject to the federal Clean Water Act will
not comply with the State water quality requirements.
(7) The Department may grant, deny, or waive certification but shall not require
an applicant to withdraw an application.
(d) On receipt of any application for certification filed with the Department pursuant to
section 401 of the Clean Water Act, 33 U.S.C. § 1341(a)(1), the Department shall notify t he
applicant of any required fee within five business days. If the Department does not send the
applicant a fee request within five business days of receipt of an application, the fee is waived."
SECTION 3.(b) This section becomes effective October 1, 2025.
House Bill 768 Session Law 2025-50 Page 5
EFFECTIVE DATE
SECTION 4. Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 25th day of June, 2025.
s/ Rachel Hunt
President of the Senate
s/ Destin Hall
Speaker of the House of Representatives
s/ Josh Stein
Governor
Approved 12:39 p.m. this 2nd day of July, 2025