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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2025-48
SENATE BILL 472
*S472-v-7*
AN ACT TO MAKE VARIOUS CHANGES TO THE PROCESS FOR 401 WATER QUALITY
CERTIFICATIONS ISSUE D BY THE DEPARTMENT OF ENVIRONMENTAL
QUALITY, TO REFORM P ERMITTING RELATED TO UPLAND BASIN MARINA S,
AND TO CLARIFY THAT CERTAIN MAN -MADE DIT CHES ARE NOT COVERED
UNDER THE COASTAL AREA MANAGEMENT ACT.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 143-214.1A reads as rewritten:
"§ 143-214.1A. Water quality certification requirements for certain projects.
(a) The following requirements shall govern applications for certification filed with the
Department pursuant to section 401 of the Clean Water Act, 33 U.S.C. § 1341(a)(1), for (i)
maintenance dredging projects partially funded by the Shallow Draft Navigation Channel
Dredging and Aquatic Weed Fund and Fund, (ii) projects involving the distribution or
transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity:electricity,
and (iii) projects involving construction of an upland basin marina, as defined in
G.S. 113A-129.11:
…
(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 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. 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 by 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 d eficiencies 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 informatio n
responses provided by the applicant shall occur within 20 business days of
receipt. An application may be deemed incomplete only if it does not provide
Page 2 Session Law 2025-48 Senate Bill 472
sufficient information necessary for the Department to determine if the
proposed discharges into navig able waters will comply with State water
quality requirements. 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 supplemen tal information shall be subject to the review time
lines laid out in subdivision (2) of this subsection.
(4) The Department shall 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
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 time,
which shall not exceed one year from the State's receipt of the application for
certification.
(5) The Department shall issu e 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 condit ions 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 Cl ean 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 the
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 1.(b) This section becomes effective October 1, 2025 , and applies to
applications for section 401 certification pending or submitted on or after that date.
SECTION 2. Article 7 of Chapt er 113A of the General Statutes is amended by
adding a new Part to read:
Senate Bill 472 Session Law 2025-48 Page 3
"Part 5A. Upland Basin Marinas.
"§ 113A-129.10. Legislative findings; broad construction.
(a) The General Assembly finds that development of properly sited and planned upland
basin marinas to accommodate vessels promotes the public welfare for a number of reasons,
including all of the following:
(1) Increasing riparian property owner access to the State's public trust waters.
(2) Expanding the total area of the State's public trust waters.
(3) Reducing and confining potential storm debris.
(4) Reducing the need for additional onshore impervious surfaces associated with
parking.
(5) Promoting the use of innovative technologies.
(6) Promoting the collection of site -specific data designed to assure compliance
with applicable water quality standards.
(7) Maintaining or improving overall water quality when sited, designed,
constructed, and operated in conformance with the provisions of this Part.
(b) Accordingly, it is the intent of the General Assembly that this Part be broadly
construed to further the general purposes stated in this Part.
"§ 113A-129.11. Definitions.
As used in this Part, the following definitions apply:
(1) AEC or Area of Environmental Concern. – An area designated by the Coastal
Resources Commission pursuant to G.S. 113A-113.
(2) Boat slip. – Any structure adjoining, attached to, or part of a pier which has
the capacity to store one boat.
(3) Upland basin marina. – A marina constructed by excavating or dredging lands
of elevations above the current mean or ordinary high-water mark and
designed to accommodate more than 10 vessels or boat slips . Upland basin
marinas shall be considered a water-dependent use for purposes of general use
standards adopted by the Coastal Resources Commission.
"§ 113A-129.12. Upland basin marina permitting and development.
(a) Unless the Director of the Division of Water Resources or the Director of the Division
of Coastal Management makes a finding, based on site -specific technical information , that the
applicant cannot comply with one or more of the criteria listed in subsection (b) of this section ,
the Division of Water Resource s and the Division of Coastal Management shall approve an
application for the development of an upland basin marina project, within 60 days after the
applicant submits a completed application or supplemental information requested by the
Department to demonstrate compliance with all of the criteria set forth in subsection (b) of this
section. The Department may make one written request for any supplemental information
necessary to make its finding within 30 days after the applicant submits a complete application,
and the permit may be conditioned upon measures that are necessary to ensure that the applicant
complies with all of the criteria set forth in subsection (b) of this section. When the Department
requests supplemental information, the 60 -day review period restarts upon receipt of the
supplemental information requested by the Department. If the Department fails to act on an
application for the development of an upland basin marina project within the 60-day review period,
the application shall be deemed approved.
(b) The criteria with which an upland basin marina shall comply to qualify for permitting
pursuant to subsection (a) of this section are all of the following:
(1) The upland basin marina is designed to accommodate 10 or more vessels ,
including individual homeowner boat slips, boat lifts, or dry stack storage.
(2) The waters contained in the upland basin marina have a dissolved oxygen
content equal to or greater than the dissolved oxygen content of the water
located 50 feet plus or minus 5 feet from the entrance to the upland basin
Page 4 Session Law 2025-48 Senate Bill 472
marina before development. As part of the application, an applicant shall
provide to t he Division of Water Resources and the Division of Coastal
Management site-specific sampling data documenting pre -project dissolved
oxygen levels of the water located 50 feet plus or minus 5 feet from each
proposed entrance to the proposed upland basin marina. Waters located within
the upland basin marina shall be classified the same as the waters in the
immediate vicinity of any entrance to the upland basin marina.
(3) The project has a bond or set -aside funds for the long -term operation and
maintenance of any technology required to meet or exceed then-applicable
water quality standards. The applicant shall provide an estimate of annual
operation and maintenance costs, and the bond or set-aside funds shall be equal
to five years of the estimated annual operation and maintenance costs.
(4) Construction of the upland basin marina impacts or removes a total area of
coastal wetlands that is no more than five percent (5%) of the total area of the
proposed upland basin marina waters.
(5) Construction of t he upland basin marina impacts or removes a total linear
footage of coastal wetlands fringe that is no more than ten percent (10%) of
the total linear footage of existing coastal wetlands along the shoreline of the
property or properties of the permit applicant.
(6) The proposed upland basin marina project complies with specific use
standards adopted by the Coastal Resources Commission for navigation
channels, canals, and boat basins. An upland basin marina project shall not be
considered a "finger canal" or "finger canal system" if the project does not
contain right angle corners.
(7) The upland basin marina has a 30-foot vegetated buffer or buffers along the
post-project shoreline , excluding any newly created inside shorelines , if
required by the Department.
(8) The proposed upland basin marina project complies with specific use
standards adopted by the Coastal Resources Commission for marinas, except
that a stormwater management system may be located within the 30 -foot
buffer area described in subdivision (7) of this subsection.
(9) The project includes mitigation or has mitigation credits for wetland impacts
caused by excavation or construction of entrances, exits, and upland vessel
accommodation areas, where such entrances, exits, and upland vessel
accommodation areas exceed 125 linear feet of shoreline in total.
(10) The upland basin marina is sited and designed to avoid significant adverse
impacts to the productivity and biologic integrity of coastal wetlands, shellfish
beds, submerged aquatic vegetation, water quality, and spawning and primary
nursery areas. Compliance with subdivisions (1) through ( 10) of this
subsection shall create a presumption that the project has avoided significant
adverse impacts to the productivity and biologic integrity of coastal wetlands,
non-coastal wetlands, shellfish beds, submerged aquatic vegetation, water
quality, spawning areas, and primary nursery areas and to have complied with
State water quality antidegradation requirements . Compliance constitutes
appropriate avoidance of significant adverse environmental impacts,
including those identified in this Part.
(c) The submission of a Major Development Coastal Area Management Act (CAMA)
permit application for an upland basin marina project shall constitute a complete application for
purposes of water quality certification review by the Division of Water Resources . Unless the
Director of the Division of Water Resources or the Director of the Division of Coastal
Management objects in writing or requests additional information necessary to evaluate
Senate Bill 472 Session Law 2025-48 Page 5
compliance with water quality standards as provided in subsection (a) of this section, no further
information shall be required by the D epartment for purposes of evaluating whether the upland
basin marina project will comply with water quality standards or CAMA use standards referenced
in this Part . Compliance with t he Major Development CAMA permitting process shall also
constitute compliance with all relevant provisions of Article 1 of this Chapter.
(d) The Department shall allow a n applicant for an upland basin marina project to use
innovative technology to maintain dissolved oxygen levels or improve dissolved oxygen above
pre-project ambient dissolved oxygen levels in the immediate vicinity of the entrance to the
upland basin marina. If the applicant proposes the use of innovative technology, the Department
shall require the permit holder to provide financial assurance, in the form of a bond or set -aside
funds, for long-term operation and maintenance of the innovative technology, in accordance with
subdivision (b)(3) of this section. If the applicant provides a certification from a North Carolina
licensed professional engineer that the proposed innovative technology is capable of attai ning
required dissolved oxygen levels within the proposed upland basin marina, the Department shall
not require any additional information.
(e) In the absence of site -specific technical concerns provided to the applicant by the
Director of the Division of Water Resources or the Director of the Division of Coastal
Management based on information provided during the permit review process, an upland basin
marina project that satisfies the criteria provided in subsection (b) of this section shall be deemed
to satisfy all of the following:
(1) CAMA management objectives and relevant use standards of the estuarine
and ocean system AECs.
(2) CAMA management objectives and use standards of the coastal wetlands
AEC.
(3) The policy goals stated in G.S. 113-102(b).
(f) Nothing in this section shall be construed to abrogate t he Department's authority to
ensure long-term compliance with applicable water quality standards in light of the goals and
requirements set forth in this Part. If data collected as part of the requirements of this Part, or
otherwise, indicate noncompliance with applicable water quality standards in the waters within
the upland basin marina or adjacent waters within the vicinity of each entrance to the upland
basin marina, the Department may require the owner of the upland basin marina development at
the time of the noncompliance to bring the waters within the upland basin marina and adjacent
waters into compliance with applicable water quality standards, in light of the overall goals and
policies set forth in this Part to promote the construction and use of upland basin marinas.
(g) Nothing in this section shall obviate the need for an applicant to obtain all relevant
federal permits required for the upland basin marina project."
SECTION 3.(a) G.S. 113A-103 is amended by adding a new subdivision to read:
"(8a) "Man-made ditches" mean constructed, altered, or excavated features used to
convey water, including, but not limited to , artificial ponds, culverts, canals,
swales, storm channels, minor -drainage features, and roadside ditches . For
purposes of this subdivision, the term "altered" does not include the alteration
of a natural shoreline, natural stream, or natural wetland, and the term
"excavated" does not include submerged lands that have been dredged for the
purpose of navigation."
SECTION 3.(b) G.S. 113A-113 reads as rewritten:
"§ 113A-113. Areas of environmental concern; in general.
…
(b) The Commission may designate as areas of environmental concern any one or more
of the following, singly or in combination:
…
Page 6 Session Law 2025-48 Senate Bill 472
(2) Estuarine waters, that is, all the water of the Atlantic Ocean within the
boundary of North Carolina and all the waters of the bays, sounds, rivers, and
tributaries tributaries, excluding man-made ditches under G.S. 113A-103(8a),
thereto seaward of the dividing line between coastal fishing waters and inland
fishing waters, as set forth in the most recent official published agreement
adopted by the Wildlife Resources Commission and the Department of
Environmental Quality;
…
(5) Areas such as waterways and lands under or flowed by tidal waters or
navigable waters, excluding man-made ditches under G.S. 113A-103(8a), to
which the public may have rights of access or public trust rights, and areas
which the State of North Carolina may be authorized to preserve, conserve, or
protect under Article XIV, Sec. 5 of the North Carolina Constitution;
…
(b1) The Commission may not designate man -made ditches, as defined under
G.S. 113A-103(8a), as areas of environmental concern.
…."
SECTION 3.(c) G.S. 113-229(n)(3) reads as rewritten:
"(3) "Marshland" means any salt marsh or other marsh subject to regular or
occasional flooding by tides, including wind tides (whether or not the
tidewaters reach the marshland areas through natural or artificial
watercourses), provided this shall not include hurricane or tropical storm tides.
Salt marshland or other marsh shall be those areas upon which grow some,
but not necessarily all, of the following salt marsh and marsh plant species:
Smooth or salt water Cordgrass (Spartina alterniflo ra), Black Needlerush
(Juncus roemerianus), Glasswort (Salicornia spp.), Salt Grass (Distichlis
spicata), Sea Lavender (Limonium spp.), Bulrush (Scirpus spp.), Saw Grass
(Cladium jamaicense), Cattail (Typha spp.), Salt -Meadow Grass(Spartina
patens), and Salt Reed-Grass (Spartina cynosuroides). A marshland shall not
include any area contained within a man -made ditch , as defined under
G.S. 113A-103(8a)."
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 26th 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 12:38 p.m. this 2nd day of July, 2025