North Carolina Storm Water Regulation
The following information will impact future expansion plans for existing marinas, boatyards, and boat builders on waterfront property, and will play a big role in new working waterfront businesses as they assess relocation to North Carolina.
Beginning on July 1, 2007, Phase II Storm Water Regulations will be effective in all Coastal Counties and most other urbanized counties within North Carolina. These new regulations are the result of NC Law S.L. 2006-246 passed to comply with the Federal Clean Water Act of 1987. Outside of those areas where permits may be issued and administered by local governments, the NC Department of Water Quality will be responsible for issuing storm water permits.
There is one new important definition in this law as passed by the Legislature related to Shellfish Resource Waters (SR). This designation is in addition to the previously defined Shellfish Waters (SA) and Non-SA Areas. These definitions are important in determining the scope of the applicable regulations for any proposed project. In addition, the disturbed earth threshold for requiring a storm water permit generally has been reduced. Most coastal newspapers are following this and we will try to keep you advised. Visit http://h2o.enr.state.nc.us/su/ for details.
The Phase II Regulations have significant impact, with three fundamental ones being:
- A significant increase in the geographic areas covered by storm water regulations.
- Significantly stricter requirements for post-construction permits for development.
- Significant expansion of potential liability by increasing the number of affected parties who may institute an enforcement action (lawsuit) due to storm water issues.
To help comply with these requirements you should work closely with your professional engineers and attorneys as well as the permitting agency. These new regulations could have tremendous impact on the costs and feasibility of both new development and redevelopment.
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