Bill Text: NC S428 | 2011-2012 | Regular Session | Amended
Bill Title: Selective Vegetation Amendments/W&S Study
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-06-28 - Re-ref Com On Rules, Calendar, and Operations of the House [S428 Detail]
Download: North_Carolina-2011-S428-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 2
SENATE BILL 428
House Committee Substitute Favorable 6/28/12
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Short Title: Selective Vegetation Amendments/W&S Study. |
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Sponsors: |
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Referred to: |
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March 28, 2011
A BILL TO BE ENTITLED
AN ACT to (1) ESTABLISH CRITERIA FOR TREE CLEARING AROUND BILLBOARDS WITHIN STATE RIGHTS‑OF‑WAY TO ENSURE COMPLIANCE WITH LOCAL GOVERNMENT REQUIREMENTS; PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE; AND PRESERVE PRIOR PUBLIC INVESTMENTS, (2) modify rulemaking provisions concerning gray water, and (3) direct the environmental review commission to study the reduction and consolidation of the statutory models for establishing, operating, and financing certain organizations that provide water and sewer services in the state.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 136‑93(d) reads as rewritten:
"(d) If the application for vegetation cutting, thinning, pruning, replanting, or removal is for a site located within the corporate limits or territorial jurisdiction of a municipality, the municipality shall be given 30 days to review and provide comments on the application if the municipality has previously advised the Department in writing of the desire to review such applications and the name of the local official to whom notice of such application should be directed."
SECTION 1.(b) G.S. 136‑133(c) reads as rewritten:
"(c) No electrical permit shall be denied to an
outdoor advertising sign described in G.S. 136‑129(4) and G.S. 136‑129(5)
for which the Department has issued a permit which has not been revoked, and
the electrical permit is otherwise compliant with technical utility standards.standards
and local government ordinances."
SECTION 1.(c) G.S. 136‑133.1(d) and (e) read as rewritten:
"§ 136‑133.1. Outdoor advertising vegetation cutting or removal.
(d) Except as provided in subsection (e) of this
section, trees Trees existing at the time the outdoor advertising
sign was erected may only be removed within the zone created in subsection (a)
of this section if the applicant in addition to implementing a compensatory
replanting plan as provided under subsection (e) of this section satisfies
one of the following two options selected by the applicant: (i) reimbursement
to the Department pursuant to G.S. 136‑93.2 or (ii) trees that
existed at the time of the erection of the sign may be removed if the applicant
agrees to remove removal of two nonconforming outdoor advertising
signs for each sign at which removal of existing trees is requested. The
surrendered nonconforming signs must be located within the same county as
the sign at which removal of existing trees is requested, must be fully
disassembled before any removal of existing trees is permitted and shall not be
eligible for future outdoor advertising permits in perpetuity.
(e) Removal of trees and vegetation of any age,
including complete removal, except for native dogwoods and native redbuds,
shall be permitted within the cut or removal zone established in subsection (a)
of this section in accordance with the Department's rules. Such rules shall
include, but not be limited to, provisions if the applicant for the
selective vegetation removal permit, in lieu of compliance with subsection (d)
of this section, agrees to submit to the Department a plan for beautification
and replanting related to the site for which the vegetation permit request is
made. The Department shall develop rules for compensatory replanting,
including the criteria for determining which the sites qualify
for replanting, which replanting is required, which shall include,
but not be limited to, sites for which a local government requests replanting. and
shall, in consultation with The rules shall provide for the
applicant and local government representatives, determine which sites must
be replanted, and representatives that have requested replanting to
have input on the types of plants and trees to be replanted. The replanting
and maintenance shall be conducted by the applicant or his or her agents in accordance
with the rules adopted by the Department. If the conditions detailed in this
subsection are agreed to by the applicant and approved by the Department, there
shall be no reimbursement to the Department under G.S. 136‑93.2 for
removal of trees that existed at the time the outdoor sign was erected, nor
shall the applicant be required to remove two nonconforming outdoor advertising
signs for removal of existing trees at the site."
SECTION 1.(d) G.S. 136‑133.2 reads as rewritten:
"§ 136‑133.2. Issuance or denial of a selective vegetation removal permit.
Except as provided in G.S. 136‑133.1(g), permits to remove vegetation may be granted for outdoor advertising locations that have been permitted for at least two years prior to the date of application. The Department shall approve or deny an application submitted pursuant to this section, including the fee required by G.S. 136‑18.7 and all required documentation, or approve the permit with conditions, within 30 days of the receipt of an application for a selective vegetation removal permit. If written notice of approval or denial is not given to the applicant within the 30‑day period, then the application shall be deemed approved. If the application is denied, the Department shall advise the applicant, in writing, by registered or certified mail, return receipt requested, addressed to the party to be noticed, and delivering to the addressee, the reasons for the denial. Reasons for denial shall be based on criteria set forth in the Department's rules. Such criteria shall include, but not be limited to, conformance with all applicable State laws and regulations, conformance with local government ordinances and requirements, preservation of prior public investments, and disallowance of new billboards in areas where vegetation obscures such billboards."
SECTION 1.(e) Nothing in G.S. 136‑133.1 or G.S. 136‑133.2 preempts authority of local government to regulate outdoor advertising.
SECTION 2. G.S. 143‑355.5(c) reads as rewritten:
"(c) Gray Water Rule Making. – The Commission shall encourage and promote the safe and beneficial use of gray water. The Commission shall adopt rules to:
(1) Identify acceptable uses of gray water, including
toilet flushing, fire protection, decorative water features, and
landscape irrigation.
(2) Facilitate the permitting of gray water systems.
(3) Establish standards, in coordination with the Commission for Public Health, for gray water systems that protect public health and safety and the environment and reduce the use of potable water within individual structures."
SECTION 3.(a) The Environmental Review Commission shall study the statutory models for establishing, operating, and financing certain organizations that provide water and sewer services in the State. The Commission shall specifically consider the statutory models for the following:
(1) Sanitary Districts (Part 2 of Article 2 of Chapter 130A of the General Statutes).
(2) Water and Sewer Authorities (Article 1 of Chapter 162A of the General Statutes).
(3) Metropolitan Water Districts (Article 4 of Chapter 162A of the General Statutes).
(4) Metropolitan Sewerage Districts (Article 5 of Chapter 162A of the General Statutes).
(5) County Water and Sewer Districts (Article 6 of Chapter 162A of the General Statutes).
(6) Any other similar organizations that provide water or sewer service in the State.
SECTION 3.(b) The Commission shall determine whether, how, and to what extent the number of statutory models should be reduced and consolidated. In making these determinations, the Commission shall consider and address any impacts such reduction and consolidation would have on the ongoing operations and financing of existing organizations for the provision of water and sewer services.
SECTION 3.(c) The Commission shall report its findings and recommendations, if any, to the 2013 General Assembly upon its convening.
SECTION 4. This act is effective when it becomes law.
