143-211. Declaration of public policy. (a) It is hereby declared to be the public policy of this State to provide for the conservation of its water and air resources. Furthermore, it is the intent of the General Assembly, within the context of this Article and Articles 21A and 21B of this Chapter, to achieve and […]
143-212. Definitions. Unless a different meaning is required by the context, the following definitions apply to this Article and Articles 21A and 21B of this Chapter: (1) "Area of the State" means a municipality, a county, a portion of a county or a municipality, or other substantial geographic area of the State designated by the […]
143-213. Definitions. Unless the context otherwise requires, the following terms as used in this Article and Articles 21A and 21B of this Chapter are defined as follows: (1) The term "air cleaning device" means any method, process or equipment which removes, reduces, or renders less noxious air contaminants discharged into the atmosphere. (2) The term […]
143-214.1. Water; water quality standards and classifications; duties of Commission. (a) Development and Adoption of Classifications and Standards. – The Commission is hereby directed and empowered, as rapidly as possible within the limits of funds and facilities available to it, and subject to the procedural requirements of this Article: (1) To develop and adopt, after […]
143-214.10. Division of Mitigation Services: development and implementation of basinwide restoration plans. Develop Basinwide Restoration Plans. – The Department shall develop basinwide plans for wetlands and riparian area restoration with the goal of protecting and enhancing water quality, flood prevention, fisheries, wildlife habitat, and recreational opportunities within each of the 17 major river basins in […]
143-214.11. Division of Mitigation Services: compensatory mitigation. (a) Definitions. – The following definitions apply to this section: (1) Compensatory mitigation. – The restoration, creation, enhancement, or preservation of jurisdictional waters required as a condition of a permit issued by the Department or by the United States Army Corps of Engineers. (1a) Compensatory mitigation bank. – […]
143-214.11A. Flood storage capacity restoration and enhancement. (a) Definition. – A flood storage project is defined as a project that creates or restores a quantity of flood storage capacity expressed in acre-feet. A flood storage project includes, but is not limited to, the creation or restoration of wetlands, streams, and riparian areas, temporary flooding of […]
143-214.12. Division of Mitigation Services: Ecosystem Restoration Fund. (a) Ecosystem Restoration Fund. – The Ecosystem Restoration Fund is established as a nonreverting fund within the Department. The Fund shall be treated as a special trust fund and shall be credited with interest by the State Treasurer pursuant to G.S. 147-69.2 and G.S. 147-69.3. The Ecosystem […]
143-214.13. Division of Mitigation Services: reporting requirement. (a) The Department of Environmental Quality shall report each year by November 1 to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division regarding its progress in implementing the Division of Mitigation Services and its use […]
143-214.14. Cooperative State-local coalition water quality protection plans. (a) Definitions. – The following definitions apply in this section: (1) "Basin" means a river basin as defined in G.S. 143-215.22G or any subbasin or segment thereof. (2) "Coalition plan" means a water quality protection plan developed by a coalition of local governments for water quality protection […]
143-214.15. Compensatory mitigation for diverse habitats. (a) The Department of Environmental Quality shall seek more net gains of aquatic resources through compensatory mitigation by increasing wetland establishment of diverse habitats, including emergent marsh habitat, shallow open water, and other forested and non-forested wetland habitats. (b) The Department of Environmental Quality shall further establish with the […]
143-214.2. Prohibited discharges. (a) The discharge of any radiological, chemical or biological warfare agent or high-level radioactive waste to the waters of the State is prohibited. (b) The discharge of any wastes to the subsurface or groundwaters of the State by means of wells is prohibited. This section shall not be construed to prohibit (i) […]
143-214.20. Riparian Buffer Protection Program: Alternatives to maintaining riparian buffers; compensatory mitigation fees. (a) Compensatory Mitigation for Riparian Buffer Loss. – The Commission shall establish a program to provide alternatives for persons who would otherwise be required to maintain riparian buffers and who can demonstrate that they have attempted to avoid and minimize the loss […]
143-214.21. Riparian Buffer Protection Program: Riparian Buffer Restoration Fund. The Riparian Buffer Restoration Fund is established as a nonreverting fund within the Department. The Fund shall be treated as a special trust fund and shall be credited with interest by the State Treasurer pursuant to G.S. 147-69.2 and G.S. 147-69.3. The Riparian Buffer Restoration Fund […]
143-214.22. Riparian Buffer Protection Program: Department may accept donations of real property. The Department may accept donations of real property and interests in real property if the real property or interest in real property is a riparian buffer or will be used to restore, create, enhance, or maintain a riparian buffer that will provide protection […]
143-214.23. Riparian Buffer Protection Program: Delegation of riparian buffer protection requirements to local governments. (a) The Commission may delegate responsibility for the implementation and enforcement of the State’s riparian buffer protection requirements to units of local government that have the power to regulate land use. A delegation under this section shall not affect the jurisdiction […]
143-214.23A. Limitations on local government riparian buffer requirements. (a) As used in this section: (1) "Local government ordinance" means any action by a local government carrying the effect of law approved before or after October 1, 2015, whether by ordinance, comprehensive plan, policy, resolution, or other measure. (2) "Protection of water quality" means nutrient removal, […]
143-214.24. Riparian Buffer Protection Program: Coordination with River Basin Associations. (a) Prior to drafting temporary or permanent rules that require the preservation of riparian buffers in a river basin, the Department shall consult with major stakeholders who may have an interest in the proposed rules, including the board of directors or representatives designated by the […]
143-214.25. Expired.
143-214.25A. Riparian Buffer Protection Program: Surface Water Identification Training and Certification Program. (a) The Division of Water Resources of the Department shall develop a program to train and certify individuals to determine the presence of surface waters that would require the application of rules adopted by the Commission for the protection of riparian buffers. The […]
