North Carolina SB 19: Various Environmental Amendments.

Bill Text

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 ENVIRONMENTAL 2
CONCERN; TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO HOLD A 3
PUBLIC HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION 4
ON GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN 5
EASEMENTS ON STATE PROPERTY; AND TO CLARIFY THE APPLICABILITY OF 6
STATUTORY BUILT-UPON AREA REQUIREMENTS FOR STATE AND LOCAL 7
GOVERNMENT STORMWATER PROGRAMS AND SPECIFY 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 represents 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 formation 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 area. 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 when 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 Operations 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