NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1203

HOUSE BILL 649

 

 

THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT OF 1971.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Title. — This act shall be known as the North Carolina Environmental Policy Act of 1971.

Sec. 2.  Purposes. — The purposes of this act 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 create a public awareness of our environment and its related programs; to require agencies of the State to consider and report upon environmental aspects and consequences of their actions involving the expenditure of public monies; and to provide means to implement these purposes.

Sec. 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 be the continuing policy of the State of North Carolina to conserve and protect its natural resources and to create and maintain conditions under which man and nature can exist in productive harmony. Further, it shall be the policy of the State to seek, for all of its citizens, safe, healthful, productive and aesthetically pleasing surroundings; to attain the widest range of beneficial uses of the environment without degradation, risk to health or safety; and to preserve the important historic and cultural elements of our common inheritance.

Sec. 4.  Cooperation of agencies; reports; availability of information. — The General Assembly authorizes and directs that, to the fullest extent possible:

(1)        The policies, regulations, and public laws of this State shall be interpreted and administered in accordance with the policies set forth in this act; and

(2)        Any State agency shall include in every recommendation or report on proposals for legislation and actions involving expenditure of public monies for projects and programs significantly affecting the quality of the environment of this State, a detailed statement by the responsible official setting forth the following:

(a)        the environmental impact of the proposed action;

(b)        any significant adverse environmental effects which cannot be avoided should the proposal be implemented;

(c)        mitigation measures proposed to minimize the impact;

(d)        alternatives to the proposed action;

(e)        the relationship between the short-term uses of the environment involved in the proposed action and the maintenance and enhancement of long-term productivity; and

(f)         any irreversible and irretrievable environmental changes which would be involved in the proposed action should it be implemented.

Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any agency which has either jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such detailed statement and such comments shall be made available to the Governor, to such agency or agencies as he may designate, and to the appropriate multicounty regional agency as certified by the Director of the Department of Administration, shall be placed in the public file of the agency and shall accompany the proposal through the existing agency review processes. A copy of such detailed statement shall be made available to the public and to counties, municipalities, institutions and individuals, upon request.

(3)        The Governor, and any State agency charged with duties under this act, may call upon any of the public institutions of higher education of this State for assistance in developing plans and procedures under this act and in meeting the requirements of this act, including without limitation any of the following units of the University of North Carolina: the Water Resources Research Institute, the Institute for Environmental Studies, the Triangle Universities Consortium on Air Pollution, the University Council on Marine Sciences, and the Institute of Government.

Sec. 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 that an appropriate alternative cannot be developed, such information shall be presented to the Governor for review and final decision by him or by such agency as he may designate, in the exercise of the powers of the Governor.

Sec. 6.  Conformity of administrative procedures to State environmental policy. — All agencies of the State shall review their present statutory authority, administrative regulations, 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 act and shall propose to the Governor not later than July 1, 1972, such measures as may be necessary to bring their authority, regulations, policies and procedures into conformity with the intent, purposes and procedures set forth in this act.

Sec. 7.  Other statutory obligations of agencies. — Nothing in this act 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 federal agency, or (3) to act, or refrain from acting contingent upon the recommendations or certification of any other State agency or federal agency.

Sec. 8.  Major development projects. — The governing bodies of all cities, counties, and towns acting individually, or collectively, are hereby authorized to require any special-purpose unit of government and private developer of a major development project to submit detailed statements, as defined in Section 4(2) of this act, of the impact of such projects.

Sec. 9.  Definitions. — As used in this act, unless the context indicates otherwise:

(1)        The term "State agency" includes every department, agency, institution, public authority, board, commission, bureau, division, council, member of Council of State, or officer of the State government of the State of North Carolina, but does not include local governmental units or bodies such as cities, towns, other municipal corporations or political subdivisions of the State, county or city boards of education, other local special-purpose public districts, units or bodies of any kind, or private corporations created by act of the General Assembly, except in those instances where programs, projects and actions of local governmental units or bodies are subject to review, approval or licensing by State agencies in accordance with existing statutory authority, in which case local governmental units or bodies shall supply information which may be required by such State agencies for preparation of any environmental statement required by this act.

(2)        The term responsible "State official," as used in this act, shall mean the Director, Commissioner, Secretary, Administrator or Chairman of the State agency having primary statutory authority for specific programs, projects or actions subject to this act, or his authorized representative.

(3)        The term "special-purpose unit of government" includes any special district or public authority.

(4)        The term "major development project" shall include but is not limited to shopping centers, subdivisions and other housing developments, and industrial and commercial projects, but shall not include any projects of less than two contiguous acres in extent.

Sec. 10.  Provisions supplemental. — The policies, obligations and provisions of this act 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 statement, or comments thereon, under provisions of federal law, such statement or comments will meet the provisions of this act.

Sec. 11.  In order to assist the General Assembly in evaluating the administration of this act and the desirability of extending the life of this act beyond the expiration date prescribed by Section 12, the Governor shall report to the Legislative Research Commission on or before August 1, 1972, concerning the experience in the administration of this act, together with his recommendations, if any, for amendment or extension of this act.

Sec. 12.  This act shall become effective on October 1, 1971, and shall remain in effect until September 1, 1973. No act or proceeding required or authorized under this act shall be initiated after September 1, 1973, but any such act or proceeding pending on said date shall be brought to its conclusion as if this act continued in effect.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.