§ 113A-1 – Title.
113A-1. Title. This Article shall be known as the North Carolina Environmental Policy Act of 1971. (1971, c. 1203, s. 1; 1991, c. 431, s. 1.)
§ 113A-10 – Provisions supplemental.
113A-10. Provisions supplemental. The policies, obligations and provisions of this Article are supplementary to those set forth in existing authorizations of and statutory provisions applicable to State agencies and local governments. In those instances where a State agency is required to prepare an environmental document or to comment on an environmental document under provisions of […]
§ 113A-11 – Adoption of rules.
113A-11. Adoption of rules. (a) The Department of Administration shall adopt rules to implement this Article. (b) Each State agency shall adopt rules that establish minimum criteria. An agency may include a particular action or class of actions in its minimum criteria only if the agency makes a specific finding that the action or class […]
§ 113A-12 – Environmental document not required in certain cases.
113A-12. Environmental document not required in certain cases. Notwithstanding any other provision in this Article, no environmental document shall be required in connection with: (1) The construction, maintenance, or removal of an electric power line, water line, sewage line, stormwater drainage line, telephone line, telegraph line, cable television line, data transmission line, natural gas line, […]
§ 113A-13 – Administrative and judicial review.
113A-13. Administrative and judicial review. The preparation of an environmental document required under this Article is intended to assist the responsible agency in determining the appropriate decision on the proposed action. An environmental document required under this Article is a necessary part of an application or other request for agency action. Administrative and judicial review […]
§ 113A-2 – Purposes.
113A-2. Purposes. The purposes of this Article are: to declare a State policy which will encourage the wise, productive, and beneficial use of the natural resources of the State without damage to the environment, maintain a healthy and pleasant environment, and preserve the natural beauty of the State; to encourage an educational program which will […]
§ 113A-3 – Declaration of State environmental policy.
113A-3. Declaration of State environmental policy. The General Assembly of North Carolina, recognizing the profound influence of man’s activity on the natural environment, and desiring, in its role as trustee for future generations, to assure that an environment of high quality will be maintained for the health and well-being of all, declares that it shall […]
§ 113A-4 – Cooperation of agencies; reports; availability of information.
113A-4. Cooperation of agencies; reports; availability of information. The General Assembly authorizes and directs that, to the fullest extent possible: (1) The policies, rules, and public laws of this State shall be interpreted and administered in accordance with the policies set forth in this Article; and (2) Every State agency shall include in every recommendation […]
§ 113A-5 – Review of agency actions involving major adverse changes or conflicts.
113A-5. Review of agency actions involving major adverse changes or conflicts. Whenever, in the judgment of the responsible State official, the information obtained in preparing the statement indicates that a major adverse change in the environment, or conflicts concerning alternative uses of available natural resources, would result from a specific program, project or action, and […]
§ 113A-6 – Conformity of administrative procedures to State environmental policy.
113A-6. Conformity of administrative procedures to State environmental policy. All agencies of the State shall periodically review their statutory authority, administrative rules, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit or hinder full compliance with the purposes and provisions of this Article and […]
§ 113A-7 – Other statutory obligations of agencies.
113A-7. Other statutory obligations of agencies. Nothing in this Article shall in any way affect nor detract from specific statutory obligations of any State agency (1) To comply with criteria or standards of environmental quality or to perform other statutory obligations imposed upon it, (2) To coordinate or consult with any other State agency or […]
§ 113A-8 – Major development projects.
113A-8. Major development projects. (a) The governing bodies of all cities, counties, and towns acting individually, or collectively, may by ordinance require any special-purpose unit of government or private developer of a major development project to submit detailed statements, as defined in G.S. 113A-4(2), of the impact of such projects for consideration by those governing […]
§ 113A-8.1 – Surface water transfers.
113A-8.1. Surface water transfers. An environmental assessment shall be prepared for any transfer for which a petition is filed in accordance with G.S. 143-215.22L. The determination of whether an environmental impact statement is needed with regard to the proposed transfer shall be made in accordance with the provisions of this Article. (1998-168, s. 6; 2007-484, […]
§ 113A-9 – Definitions.
113A-9. Definitions. As used in this Article, unless the context indicates otherwise, the term: (1) "Environmental assessment" (EA) means a document prepared by a State agency to evaluate whether the probable impacts of a proposed action require the preparation of an environmental impact statement under this Article. (2) "Environmental document" means an environmental assessment, an […]