§ 136-44.7B. Permit issuance by Department of Environment and Natural Resources transportation construction projects. - North Carolina Statutes

§ 136‑44.7B.  Permitissuance by Department of Environment and Natural Resources transportationconstruction projects.

Once the Department ofEnvironment and Natural Resources or any agency within the Department ofEnvironment and Natural Resources has issued a permit that is required for atransportation construction project to be undertaken by or on behalf of theDepartment of Transportation pursuant to the Transportation ImprovementProgram, that permit shall remain in effect until the project is completed. Thepermit shall not expire and shall not be modified or canceled for any reason,including a subsequent change in federal law or regulations or in State law orrules, unless at least one of the following occurs:

(1)        The modification orcancellation is requested by the Department of Transportation.

(2)        The modification orcancellation is clearly required by a change in federal law or regulations anda failure to modify or cancel the permit by the Department of Environment andNatural Resources will or may result in a loss of federal program delegation ora significant reduction in the availability of federal funds to the Departmentof Environment and Natural Resources or to the Department of Transportation.

(3)        The modification orcancellation is clearly required by a change in State law as a result of an actof the General Assembly that includes a statement that the General Assemblyspecifically intends the change in State law to apply to ongoing transportationconstruction projects.

(4)        The modification orcancellation is ordered by a court of competent jurisdiction.

(5)        The nature or scopeof the transportation construction project is significantly expanded orotherwise altered.

(6)        Federal law orregulation requires that the permit expire at the end of a specific term ofyears. (2003‑284,s. 29.6.)