GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                    D

SENATE DRS35160-MH-36  (03/01)

 

 

 

Short Title:        Sedimentation Pollution Control Act Exemption.		(Public)
Sponsors:	Senator Rouzer.
Referred to:

 

 

A BILL TO BE ENTITLED

AN ACT to specify that the AGricultural use exemption from sedimentation pollution control act permitting requirements continues to apply when the land is transferred into a wetlands restoration program or other water quality, water resources, or wildlife habitat enhancement program.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 113A‑52.01 reads as rewritten:

"§ 113A‑52.01.  Applicability of this Article.

This Article shall not apply to the following land‑disturbing activities:

(1)        Activities, including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to:

a.         Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts.

b.         Dairy animals and dairy products.

c.         Poultry and poultry products.

d.         Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats.

e.         Bees and apiary products.

f.          Fur producing animals.

(2)        Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the Department.

(3)        Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes.

(3a)      Activities undertaken on agricultural land or forestland in cooperation with the Natural Resources Conservation Service of the United States Department of Agriculture or under the authority of the North Carolina Soil and Water Conservation Commission involving the installation of conservation practices for any of the following purposes:

a.         To restore or enhance wetlands.

b.         To protect or improve water quality, water resources, or wildlife habitat.

(4)        For the duration of an emergency, activities essential to protect human life."

SECTION 2.  This act is effective when it becomes law.