N.C. Gen. Stat. § 113A-1
Title
Title. This Article shall be known as the North Carolina Environmental Policy Act of 1971. (1971, c. 1203, s. 1; 1991, c. 431, s. 1.)
North Carolina General Statutes Chapter 113A — Chapter 113A.
North Carolina · statute · N.C. Gen. Stat. ch. 113A · 126 active provisions
N.C. Gen. Stat. § 113A-2
Purposes
Purposes. The purposes of this Article 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 educatio…
N.C. Gen. Stat. § 113A-3
Declaration of State environmental policy
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…
N.C. Gen. Stat. § 113A-4
Cooperation of agencies; reports; availability of information
Cooperation of agencies; reports; availability of information. The General Assembly authorizes and directs that, to the fullest extent possible: (1) The policies, rules, and public laws of this State shall be interpreted and administered in accordance with the policies set forth in this Article; and (2) Every State age…
N.C. Gen. Stat. § 113A-5
Review of agency actions involving major adverse changes or conflicts
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…
N.C. Gen. Stat. § 113A-6
Conformity of administrative procedures to State environmental policy
Conformity of administrative procedures to State environmental policy. All agencies of the State shall periodically review their statutory authority, administrative rules, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit or h…
N.C. Gen. Stat. § 113A-7
Other statutory obligations of agencies
Other statutory obligations of agencies. Nothing in this Article 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…
N.C. Gen. Stat. § 113A-8
Major development projects
Major development projects. (a) The governing bodies of all cities, counties, and towns acting individually, or collectively, may by ordinance require any special-purpose unit of government or private developer of a major development project to submit detailed statements, as defined in G.S. 113A-4(2), of the impact of…
N.C. Gen. Stat. § 113A-8.1
Surface water transfers
Surface water transfers. An environmental assessment shall be prepared for any transfer for which a petition is filed in accordance with G.S. 143-215.22L. The determination of whether an environmental impact statement is needed with regard to the proposed transfer shall be made in accordance with the provisions of this…
N.C. Gen. Stat. § 113A-9
Definitions
Definitions. As used in this Article, unless the context indicates otherwise, the term: (1) "Environmental assessment" (EA) means a document prepared by a State agency to evaluate whether the probable impacts of a proposed action require the preparation of an environmental impact statement under this Article. (2) "Envi…
N.C. Gen. Stat. § 113A-10
Provisions supplemental
Provisions supplemental. The policies, obligations and provisions of this Article 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 document or to…
N.C. Gen. Stat. § 113A-11
Adoption of rules
Adoption of rules. (a) The Department of Administration shall adopt rules to implement this Article. (b) Each State agency shall adopt rules that establish minimum criteria. An agency may include a particular action or class of actions in its minimum criteria only if the agency makes a specific finding that the action…
N.C. Gen. Stat. § 113A-12
Environmental document not required in certain cases
Environmental document not required in certain cases. Notwithstanding any other provision in this Article, no environmental document shall be required in connection with: (1) The construction, maintenance, or removal of an electric power line, water line, sewage line, stormwater drainage line, telephone line, telegraph…
N.C. Gen. Stat. § 113A-13
Administrative and judicial review
Administrative and judicial review. The preparation of an environmental document required under this Article is intended to assist the responsible agency in determining the appropriate decision on the proposed action. An environmental document required under this Article is a necessary part of an application or other r…
N.C. Gen. Stat. § 113A-21
Title
Title. This Article shall be known and cited as "The Interstate Environmental Compact Act of 1971." (1971, c. 805, s. 1.)
N.C. Gen. Stat. § 113A-22
Purpose
Purpose. The General Assembly of North Carolina recognizes and declares: (1) The concern for the purity and life-giving qualities of our environment is of primary interest to every citizen of North Carolina and to all Americans. (2) The quality of our environment depends upon the management of the air, water, and land…
N.C. Gen. Stat. § 113A-23
Compact provisions
Compact provisions. The Interstate Environmental Compact is hereby enacted into law and entered into with all other jurisdictions legally joining herein in the form substantially as follows: Article 1. Findings, Purposes and Reservations of Power. (1) Findings. - Signatory states hereby find and declare: (a) The enviro…
N.C. Gen. Stat. § 113A-50
Short title
Short title. This Article shall be known as and may be cited as the "Sedimentation Pollution Control Act of 1973." (1973, c. 392, s. 1.)
N.C. Gen. Stat. § 113A-51
Preamble
Preamble. The sedimentation of streams, lakes and other waters of this State constitutes a major pollution problem. Sedimentation occurs from the erosion or depositing of soil and other materials into the waters, principally from construction sites and road maintenance. The continued development of this State will resu…
N.C. Gen. Stat. § 113A-52
Definitions
Definitions. As used in this Article, unless the context otherwise requires: (1) Repealed by Session Laws 1973, c. 1417, s. 1. (1a) "Affiliate" has the same meaning as in 17 Code of Federal Regulations § 240.12(b)-2 (1 June 1993 Edition), which defines "affiliate" as a person that directly, or indirectly through one or…
N.C. Gen. Stat. § 113A-52.01
Applicability of this Article
Applicability of this Article. This Article shall not apply to the following land-disturbing activities: (1) Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms…
N.C. Gen. Stat. § 113A-52.1
Forest Practice Guidelines
Forest Practice Guidelines. (a) The Department of Agriculture and Consumer Services shall adopt Forest Practice Guidelines Related to Water Quality (best management practices). The adoption of Forest Practices Guidelines Related to Water Quality under this section is subject to the provisions of Chapter 150B of the Gen…
N.C. Gen. Stat. § 113A-54
Powers and duties of the Commission
Powers and duties of the Commission. (a) The Commission shall, in cooperation with the Secretary of Transportation and other appropriate State and federal agencies, develop, promulgate, publicize, and administer a comprehensive State erosion and sedimentation control program. (b) The Commission shall develop and adopt…
N.C. Gen. Stat. § 113A-54.1
Approval of erosion control plans
Approval of erosion control plans. (a) A draft erosion and sedimentation control plan must contain the applicant's address and, if the applicant is not a resident of North Carolina, designate a North Carolina agent for the purpose of receiving notice from the Commission or the Secretary of compliance or noncompliance w…
N.C. Gen. Stat. § 113A-54.2
Approval Fees
Approval Fees. (a) An application and compliance fee of one hundred nineteen dollars ($119.00) per acre of disturbed land shown on an erosion and sedimentation control plan or of land actually disturbed during the life of the project shall be charged for the review of an erosion and sedimentation control plan and relat…
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