GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 579
The General Assembly of North Carolina enacts:
Section 1. G.S. 143-214.5 reads as rewritten:
"§ 143-214.5. Water supply watershed protection.
(a) Policy Statement. - This section provides for a cooperative program of water supply watershed management and protection to be administered by local governments consistent with minimum statewide management requirements established by the Commission. If a local government fails to adopt a water supply watershed protection program or does not adequately carry out its responsibility to enforce the minimum water supply watershed management requirements of its approved program, the Commission shall administer and enforce the minimum statewide requirements. The reduction of agricultural nonpoint source discharges shall be accomplished primarily through the Agriculture Cost Share Program for Nonpoint Source Pollution Control.
(b) Development and
Adoption of Water Supply Watershed Classifications and Management Requirements.
- The Commission shall adopt rules for the classification of water supply
watersheds and that establish minimum statewide water supply watershed
protection requirements applicable to each classification for the
protection of to protect surface water supplies through by
(i) controlling development density, (ii) minimum providing for performance-based
water supply watershed management requirements applicable to each
classification. alternatives to development density controls that are
based on sound engineering principles, or (iii) a combination of both (i) and
(ii). The Commission may designate water supply watersheds or
portions thereof as critical water supply watersheds and impose management
requirements that are more stringent than the minimum statewide water supply
watershed management requirements. The Commission may adopt rules that
require that any permit issued by a local government for a development or
construction activity conducted by that local government within a designated
water supply watershed be approved by the Department prior to issuance.
Any variance from the minimum statewide water supply watershed management
requirements must be approved by the Commission prior to the issuance of a
permit by a local government. Except as provided by G.S. 153A-347 and
G.S. 160A-392, the power to implement this section with respect to development
or construction activities that are conducted by State agencies is vested
exclusively in the Commission.
(c) Classification of
Water Supply Watersheds. - The Commission shall assign to each water supply
watershed in the State the appropriate classification with the applicable
minimum protective management requirements. The Commission may
reclassify water supply watersheds as necessary to protect future water
supplies or improve protection at existing water supplies. A local
government shall not be required to submit a revised water supply watershed
protection program to the Commission earlier than 270 days after it receives
notice of a reclassification from the Commission.
(d) Mandatory Local
Programs. - The Department shall assist local governments to develop water
supply watershed protection programs which that comply with this
section. Local government compliance programs shall include an
implementing local ordinance and shall provide for maintenance, inspection, and
enforcement procedures. As part of its assistance to local governments,
the Commission shall approve and make available a model local water supply
watershed management and protection ordinance. The model management and
protection ordinance adopted by the Commission shall, at a minimum, include as
options (i) controlling development density, (ii) providing for
performance-based alternatives to development density controls which that
are based on sound engineering principles, and (iii) a combination of both
(i) and (ii). It shall be the responsibility of local governments to Local
governments shall administer and enforce the minimum management
requirements. Every local government which that has within
its jurisdiction all or a portion of a water supply watershed shall submit a
local water supply watershed management and protection ordinance to the
Commission for approval. Local governments may adopt such ordinances
pursuant to their general police power, power to regulate the subdivision of land,
zoning power, or any combination of such powers. In adopting a local
ordinance that imposes water supply watershed management requirements that are
more stringent than those adopted by the Commission, a county must comply with
the notice provisions of G.S.153A-343 and a municipality must comply with the
notice provisions of G.S. 160A-384. This section shall not be
construed to affect the validity of any local ordinance adopted for the
protection of water supply watersheds prior to completion of the review of
the ordinance by the Commission or prior to the assumption by the Commission of
responsibility for a local water supply watershed protection program.
Local governments may create or designate agencies to administer and enforce
such programs. The Commission shall approve a local program only if it
determines that the requirements of the program equal or exceed the minimum
statewide water supply watershed management requirements adopted pursuant to
this section.
(d1) A local ordinance adopted to implement the minimum statewide water supply watershed management requirements applicable to agriculture and silviculture activities shall be no more restrictive than those adopted by the Commission. In adopting minimum statewide water supply watershed management requirements applicable to agriculture activities, the Commission shall consider the policy regarding agricultural nonpoint source discharges set out in subsection (a) of this section. The Commission may by rule designate another State agency to administer the minimum statewide water supply watershed management requirements applicable to agriculture and silviculture activities. If the Commission designates another State agency to administer the minimum statewide water supply watershed management requirements applicable to agriculture and silviculture activities, management requirements adopted by local governments shall not apply to such activities.
(e) Assumption of Local
Programs. - The Commission shall assume responsibility for water supply
watershed protection whenever protection, within all or the affected
portion of a water supply watershed, if a local government fails to adopt a
program which that meets the requirements of this section or whenever
a local government fails to adequately administer and enforce the
provisions of its program. The Commission shall not assume responsibility
for an approved local water supply watershed protection program until
it or its designee notifies the local government in writing by certified mail,
return receipt requested, of local program deficiencies, recommendations for
changes and improvements in the local program, and the deadline for
compliance. The Commission shall allow a local government a minimum of
120 days to bring its program into compliance. The Commission shall order
assumption of a an approved local program if it finds that the
local government has made no substantial progress toward compliance. The
Commission may make such finding at any time between 120 days and 365 days
after receipt of notice under this subsection by the local government, with no
further notice. Proceedings to review such orders by the Commission
shall be conducted by the superior court pursuant to Article 4 of Chapter 150B
of the General Statutes based on the agency record submitted to the Commission
by the Secretary.
(f) State
Enforcement Authority. - The Commission may take any appropriate
preventive or remedial enforcement action authorized by this Part against
any person who violates any minimum statewide water supply watershed
management requirement, requirement. whenever a local
government has unlawfully issued a permit or has failed to take appropriate
enforcement action.
(g) Civil Penalties. - A
local government which that fails to adopt a local water supply
watershed protection program as required by this section or willfully fails
to administer or enforce the provisions of its program in substantial
compliance with the minimum statewide water supply watershed management
requirements shall be subject to a civil penalty pursuant to G.S.
143-215.6A(e). In any area of the State which that is not
covered by an approved local water supply watershed protection program, any
person who violates or fails to act in accordance with any statewide minimum
statewide water supply watershed management requirement or more
stringent management requirement adopted by the Commission for a critical water
supply watershed established pursuant to this section shall be subject to a
civil penalty as specified in G.S. 143-215.6A(a)(7).
(h) Planning Grants to
Local Governments. - The Secretary may make annual grants to local governments
for the purpose of assisting in the development of local water supply watershed
protection programs. The Secretary shall develop and administer generally
applicable criteria under which local governments may qualify for such
assistance. Such criteria shall give priority to local governments which
that are not then administering zoning ordinances in affected water
supply watershed areas."
Sec. 2. G.S. 143-215.6A(e) reads as rewritten:
"(e) Consistent with G.S.
143B-282.1, a civil penalty of not more than ten thousand dollars ($10,000) per
month may be assessed by the Commission against any local government which that
fails to adopt a local water supply watershed protection program as
required by G.S. 143-214.5, or willfully fails to administer or enforce a
water supply watershed protection the provisions of its program as
required by G.S. 143-214.5. in substantial compliance with the minimum
statewide water supply watershed management requirements. No such
penalty shall be imposed against a local government until the Commission has
assumed the responsibility for administering and enforcing the local water
supply watershed protection program. Civil penalties shall be imposed
pursuant to a uniform schedule adopted by the Commission. The schedule of
civil penalties shall be based on acreage and other relevant cost factors and
shall be designed to recoup the costs of administration and enforcement."
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 8th day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives