North Carolina SB 472: Coastal Regulatory Reform.

Bill Text

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 ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL
QUALITY, TO REFORM PERMITTING RELATED TO UPLAND BASIN MARINAS,
AND TO CLARIFY THAT CERTAIN MAN-MADE DITCHES 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 deficiencies 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 information
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 navigable 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 subdivision (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 supplemental 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 issue 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 c