Various Environmental Amendments.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 19

Short Title: Various Environmental Amendments. (Public)
Sponsors: Senator Hanig (Primary Sponsor).
Referred to: Rules and Operations of the Senate
January 30, 2025
*S19-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO DESIGNATE JOCKEY'S RIDGE AS AN AREA OF ENVIRONMENT AL 2
CONCERN; TO REQUIRE THE DEPARTMENT OF AD MINISTRATION TO HOLD A 3
PUBLIC HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION 4
ON GOVERNMENTAL OPER ATIONS PRIOR TO GRANTING CERTAIN 5
EASEMENTS ON STATE P ROPERTY; AND TO CLARIFY THE APPLICABILITY OF 6
STATUTORY BUILT -UPON AREA REQUIREMENTS F OR STATE AND LOCAL 7
GOVERNMENT STORMWATE R PROGRAMS AND SPECI FY THAT CERTAIN 8
ARTIFICIAL TURF IS NOT BUILT-UPON AREA. 9
The General Assembly of North Carolina enacts: 10
11
DESIGNATE JOCKEY'S RIDGE AS AN AREA OF ENVIRONMENTAL CONCERN 12
SECTION 1. Article 7 of Chapter 113A of the General Statutes is amended by 13
adding a new section to read: 14
"§ 113A-113.1. Designation of Jockey's Ridge as an area of environmental concern. 15
(a) Description. – Jockey's Ridge is the tallest active sand dune (medano) along the 16
Atlantic Coast of the United States. Located within the town of Nags Head in Dare County, 17
between U.S. 158 and Roanoke Sound, Jockey 's Ridge represe nts the southern extremity of a 18
back barrier dune system which extends north along Currituck Spit into Virginia. Given the status 19
of Jockey 's Ridge as a State Park, State Nature Preserve, complex natural area, and an area 20
containing a unique geological for mation as identified by the State Geologist, the General 21
Assembly designates Jockey 's Ridge as a unique coastal geological formation area of 22
environmental concern, as authorized by G.S. 113A-113(b)(4)g. 23
(b) Boundaries. – The boundaries of the Jockey 's Ridge area of environmental concern 24
shall be as depicted on a map approved by the Coastal Resources Commission on December 4, 25
1987. The Coastal Resources Commission may approve subsequent maps as needed to effectuate 26
the protection of the Jockey's Ridge area of environmental concern consistent with subsection (c) 27
of this section. The area of environmental concern includes the entire rights -of-way of U.S. 158 28
Bypass, SR 1221 (Sound Side Road), Virginia Dare Trail, and Conch Street where these roads 29
bound this ar ea. The Division of Coastal Management shall provide public access to a map 30
depicting the boundaries of the Jockey 's Ridge area of environmental concern by maintaining a 31
copy at the Division's office and on the Division's public website. 32
(c) Use Standards. – Development within the Jockey 's Ridge area of environmental 33
concern shall be consistent with the following minimum use standards: 34
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 19-First Edition
(1) Development that requires the removal of greater than 10 cubic yards of sand 1
per year within the area of environmental concern boundary shall require a 2
permit pursuant to this Article or rules adopted thereunder. 3
(2) All sand that is removed from within the area of environmental concern 4
boundary in accordance with subdivision (1) of this subsection shall be 5
deposited at locations within the Jockey's Ridge State Park designated by the 6
Division of Coastal Management in consultation with the Division of Parks 7
and Recreation. 8
(3) Development activities shall not significantly alter or retard the free 9
movement of sand except whe n necessary for the purpose of maintaining or 10
constructing a road, residential or commercial structure, accessway, lawn or 11
garden, or parking area, unless allowed by the Management Plan of Jockey 's 12
Ridge State Park as developed pursuant to G.S. 143B-135.52." 13
14
REQUIRE THE DEPARTMENT OF ADMINISTRATION TO HOLD A PUBLIC 15
HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION ON 16
GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN EASEMENTS 17
ON STATE PROPERTY 18
SECTION 2.(a) Article 7 of Chapter 146 of the General Statutes is amended by 19
adding a new section to read: 20
"§ 146-29.3. Disposition of easements for spoil disposal and dumping rights. 21
Notwithstanding G.S. 146-11, if a proposed disposition is an easement for disposal of spoil 22
materials lawfully dug or dredged from navigable waters, or dumping rights for spoil materials 23
lawfully dug or dredged from navigable waters, the Department of Administration may not grant 24
the easement or dumping rights until it completes both of the following requirements: 25
(1) Hold a public hearing in the county where the proposed disposition is located. 26
(2) Following the public hearing, submit the proposed disposition for consultation 27
with the Joint Legislative Commission on Governmental Operatio ns in 28
accordance with G.S. 120-76.1(b)." 29
SECTION 2.(b) This section becomes effective August 1, 2025, and applies to 30
requests for proposed dispositions submitted to the Department of Administration for approval 31
on or after that date. 32
33
CLARIFY THE APPLICAB ILITY OF STATUTORY BUILT -UPON AREA 34
REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT STORMWATER 35
PROGRAMS AND SPECIFY THAT CERTAIN ARTIFICIAL TURF IS NOT 36
BUILT-UPON AREA 37
SECTION 3.(a) G.S. 143-214.7(b2) reads as rewritten: 38
"(b2) For purposes of implementing stor mwater programs, "built -upon area" means 39
impervious surface and partially impervious surface to the extent that the partially impervious 40
surface does not allow water to infiltrate through the surface and into the subsoil. "Built -upon 41
area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57 42
stone, as designated by the American Society for Testing and Materials, laid at least four inches 43
thick over a geotextile fabric; a trail as defined in G.S. 113A-85 that is either unpaved or paved 44
as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters 45
per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, 46
mulch, sand, and vegetation, placed on areas t hat receive pedestrian or bicycle traffic or on 47
portions of driveways and parking areas that will not be compacted by the weight of a vehicle, 48
such as the area between sections of pavement that support the weight of a vehicle. The owner 49
or developer of a property may opt out of any of the exemptions from "built -upon area" set out 50
General Assembly Of North Carolina Session 2025
Senate Bill 19-First Edition Page 3
in this subsection. For State stormwater programs and local stormwater programs approved 1
pursuant to subsection (d) of this section, all of the following shall apply: 2
(1) The volume, velocity, and discharge rates of water associated with the 3
one-year, 24 -hour storm and the difference in stormwater runoff from the 4
predevelopment and postdevelopment conditions for the one -year, 24-hour 5
storm shall be calculated using any acceptab le engineering hydrologic and 6
hydraulic methods. 7
(2) Development may occur within the area that would otherwise be required to 8
be placed within a vegetative buffer required by the Commission pursuant to 9
G.S. 143-214.1 and this section provided the stormwat er runoff from the 10
entire impervious area of the development is collected, treated, and discharged 11
so that it passes through a segment of the vegetative buffer and is managed so 12
that it otherwise complies with all applicable State and federal stormwater 13
management requirements. For the purpose of this subdivision, the entire 14
impervious area of the development shall not include any portion of a project 15
that is within a North Carolina Department of Transportation or municipal 16
right-of-way. 17
(3) The requirements that apply to development activities within one-half mile of 18
and draining to Class SA waters or within one -half mile of Class SA waters 19
and draining to unnamed freshwater tributaries shall not apply to development 20
activities and associated stormwater dis charges that do not occur within 21
one-half mile of and draining to Class SA waters or are not within one -half 22
mile of Class SA waters and draining to unnamed freshwater tributaries." 23
SECTION 3.(b) Article 21 of Chapter 143 of the General Statutes is amende d by 24
adding a new section to read: 25
"§ 143-214.7D. Limitations on built-upon area requirements. 26
(a) As used in this section, the term "built-upon area " means impervious surface and 27
partially impervious surface to the extent that the partially impervious surface does not allow 28
water to infiltrate through the surface and into the subsoil. 29
(b) For the purposes of implementing State or local government storm water programs, 30
none of the following surfaces shall be considered "built-upon area" or an impervious or partially 31
impervious surface: 32
(1) A slatted deck. 33
(2) The water area of a swimming pool. 34
(3) A surface of number 57 stone, as designated by the America n Society for 35
Testing and Materials, laid at least 4 inches thick over a geotextile fabric. 36
(4) A trail as defined in G.S. 113A-85 that is either unpaved or paved as long as 37
the pavement is porous with a hydraulic conductivity greater than 0.001 38
centimeters per second (1.41 inches per hour). 39
(5) Landscaping material, including, but not limited to, gravel, mulch, sand, and 40
vegetation, placed on areas that receive pedestrian or bicycle traffic or on 41
portions of driveways and parking areas that will not be com pacted by the 42
weight of a vehicle, such as the area between sections of pavement that support 43
the weight of a vehicle. 44
(6) Artificial turf, manufactured to allow water to drain through the backing of 45
the turf, and installed according to the manufacturer 's specifications over a 46
pervious surface. 47
(c) The owner or developer of a property may opt out of any of the exemptions from 48
"built-upon area" set out in subsection (b) of this section. 49
(d) Except as specifically required by federal law, a local government m ay not enact, 50
implement, or enforce a local government ordinance, comprehensive plan, or stormwater 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 19-First Edition
program that establishes a definition of "built-upon area" or impervious surface that does not 1
comply with subsection (b) of this section. This limitation shall apply regardless of any authority 2
granted by G.S. 143-214.5, G.S. 143-214.7, or Chapter 153A, 160A, or 160D of the General 3
Statutes. 4
(e) The Commission may adopt rules to implement this section." 5
SECTION 3.(c) Each unit of local government that operates a stormwater program 6
shall update its program to be consistent with G.S. 143-214.7D, as enacted by subsection (b) of 7
this section. 8
9
EFFECTIVE DATE 10
SECTION 4. Except as otherwise provided, this act is effective when it becomes 11
law. 12