North Carolina SB 665: Upland Basin Permitting Reform.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 665

Short Title: Upland Basin Permitting Reform. (Public)
Sponsors: Senators Hanig and Sanderson (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S665-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REFORM PERMITTING RELATED TO UPLAND BASINS. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. Article 7 of Chapter 113A of the General Statutes is amended by 4
adding a new Part to read: 5
"Part 5A. Upland Basins. 6
"§ 113A-129.10. Legislative findings; broad construction. 7
(a) The General Assembly finds that development of properly sited and planned upland 8
basins to accommodate vessels is preferable to open-water marinas for a number of reasons, 9
including all of the following: 10
(1) Increasing riparian property owner access to the State's public trust waters. 11
(2) Expanding the total area of the State's public trust waters. 12
(3) Reducing and confining potential storm debris. 13
(4) Reducing the need for additional onshore impervious surfaces associated with 14
parking. 15
(5) Promoting the use of innovative technologies. 16
(6) Promoting the collection of site-specific data designed to assure compliance 17
with applicable water quality standards. 18
(7) Maintaining or improving overall water quality when sited, designed, 19
constructed, and operated in conformance with the provisions of this Part. 20
(b) Accordingly, it is the intent of the General Assembly that this Part be broadly 21
construed to further the general purposes stated in this Part. 22
"§ 113A-129.11. Definitions. 23
As used in this Part, the following definitions apply: 24
(1) AEC or Area of Environmental Concern. – An area designated by the Coastal 25
Resources Commission pursuant to G.S. 113A-113. 26
(2) Boat slip. – Any structure adjoining, attached to, or part of a pier which has 27
the capacity to store one boat. 28
(3) Upland basin. – A marina constructed by excavating or dredging lands of 29
elevations above the current mean or ordinary high-water mark and designed 30
to accommodate more than ten vessels or boat slips. Upland basins shall be 31
considered a water dependent use for purposes of general use standards adopted 32
by the Coastal Resources Commission. 33
"§ 113A-129.12. Upland basin permitting and development. 34
(a) Unless the Director of the Division of Water Resources makes a finding, based on 35
site-specific technical information, that the applicant cannot substantially comply with one or 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 665-First Edition
more of the criteria listed in subsection (b) of this section, the Division of Water Resources and 1
the Division of Coastal Management shall approve an application for the development of an 2
upland basin project, within 60 days after the applicant submits a completed application or 3
supplemental information requested by the Department to demonstrate substantial compliance 4
with all of the criteria set forth in subsection (b) of this section. The Department may make one 5
written request for any supplemental information necessary to make its finding within 30 days after 6
the applicant submits a complete application, and the permit may be conditioned upon measures 7
that are materially necessary to ensure that the applicant complies with all the criteria set forth in 8
subsection (b) of this section. When the Department requests supplemental information, the 60-day 9
review period restarts upon receipt of the supplemental information requested by the Department. 10
If the Department fails to act on an application for the development of an upland basin project 11
within the 60-day review period, the application shall be deemed approved. 12
(b) The criteria with which an upland basin shall comply to qualify for permitting pursuant 13
to subsection (a) of this section are all of the following: 14
(1) The upland basin is designed to accommodate ten or more vessels, including 15
individual homeowner boat slips, boat lifts, or dry stack storage. 16
(2) The waters contained in the upland basin have a dissolved oxygen content 17
equal to or greater than the dissolved oxygen content of the water located 50 18
feet plus or minus 5 feet from the entrance to the upland basin before 19
development. As part of the application, an applicant shall provide to the 20
Division of Water Resources and the Division of Coastal Management 21
site-specific sampling data documenting pre-project dissolved oxygen levels 22
of the water located 50 feet plus or minus 5 feet from each proposed entrance 23
to the proposed upland basin. Waters located within the upland basin shall be 24
classified the same as the waters in the immediate vicinity of any entrance to 25
the upland basin. 26
(3) The project has a bond or set-aside funds for the long-term operation and 27
maintenance of any technology required to meet or exceed then-applicable 28
water quality standards. The