§ 143-214.7. Stormwater runoff rules and programs. - North Carolina Statutes

§ 143‑214.7.  Stormwaterrunoff rules and programs.

(a)        Policy, Purpose andIntent. – The Commission shall undertake a continuing planning process todevelop and adopt a statewide plan with regard to establishing and enforcingstormwater rules for the purpose of protecting the surface waters of the State.It is the purpose and intent of this section that, in developing stormwaterrunoff rules and programs, the Commission may utilize stormwater rulesestablished by the Commission to protect classified shellfish waters, watersupply watersheds, and outstanding resource waters; and to control stormwaterrunoff disposal in coastal counties and other nonpoint sources. Further, it isthe intent of this section that the Commission phase in the stormwater rules ona priority basis for all sources of pollution to the water. The plan shall beapplied evenhandedly throughout the State to address the State's water qualityneeds. The Commission shall continually monitor water quality in the State andshall revise stormwater runoff rules as necessary to protect water quality. Asnecessary, the stormwater rules shall be modified to comply with federalregulations.

(b)        The Commissionshall implement stormwater runoff rules and programs for point and nonpointsources on a phased‑in statewide basis. The Commission shall considerstandards and best management practices for the protection of the State's waterresources in the following order of priority:

(1)        Classified shellfishwaters.

(2)        Water supplywatersheds.

(3)        Outstanding resourcewaters.

(4)        High quality waters.

(5)        All other waters ofthe State to the extent that the Commission finds control of stormwater isneeded to meet the purposes of this Article.

(c)        The Commissionshall develop model stormwater management programs that may be implemented byState agencies and units of local government. Model stormwater managementprograms shall be developed to protect existing water uses and assurecompliance with water quality standards and classifications. A State agency orunit of local government may submit to the Commission for its approval astormwater control program for implementation within its jurisdiction. To thisend, State agencies may adopt rules, and units of local government areauthorized to adopt ordinances and regulations necessary to establish andenforce stormwater control programs. Units of local government are authorizedto create or designate agencies or subdivisions to administer and enforce theprograms. Two or more units of local government are authorized to establish ajoint program and to enter into any agreements that are necessary for theproper administration and enforcement of the program.

(c1)      Any land‑userestriction providing for the maintenance of stormwater best managementpractices or site consistency with approved stormwater project plans filedpursuant to a rule of the Commission, local ordinance, or permit approved bythe Commission shall be enforced by any owner of the land on which the bestmanagement practice or project is located, any adjacent property owners, anydownstream property owners who would be injured by failure to enforce the land‑userestriction, any local government having jurisdiction over any part of the landon which the best management practice or project is located, or the Departmentthrough the remedies provided by any provision of law that is implemented orenforced by the Department or by means of a civil action, without first havingexhausted any available administrative remedies. A land‑use restrictionproviding for the maintenance of stormwater best management practices or siteconsistency with approved stormwater project plans filed pursuant to a rule ofthe Commission, local ordinance, or permit approved by the Commission shall notbe declared unenforceable due to lack of privity of estate or contract, due tolack of benefit to particular land, or due to lack of any property interest inparticular land. Any person who owns or leases a property subject to a land‑userestriction under this section shall abide by the land‑use restriction.

(d)        The Commissionshall review each stormwater management program submitted by a State agency orunit of local government and shall notify the State agency or unit of localgovernment that submitted the program that the program has been approved,approved with modifications, or disapproved. The Commission shall approve aprogram only if it finds that the standards of the program equal or exceedthose of the model program adopted by the Commission pursuant to this section.

(d1)      A retail merchantshall not use more than 400 square feet of impervious surface area within theportion of the merchant's premises that is designed to be used for vehicularparking for the display and sale of nursery stock, as that term is defined bythe Board of Agriculture pursuant to G.S. 106‑423. This subsection shallnot apply to a retail merchant that either:

(1)        Collects and treatsstormwater on‑site using a treatment system that is designed to remove atleast eighty‑five percent (85%) of total suspended solids. For purposesof this subdivision, a treatment system includes, but is not limited to, afiltration system or a detention system.

(2)        Collects and storesstormwater for reuse on‑site for irrigation or other purposes.

(3)        Collects anddischarges stormwater to a local or regional stormwater collection andtreatment system.

(d2)      Repealed by SessionLaws 2008‑198, s. 8(a), effective August 8, 2008.

(e)        The Commissionshall annually report to the Environmental Review Commission on theimplementation of this section, including the status of any stormwater controlprograms administered by State agencies and units of local government, on orbefore 1 October of each year.  (1989, c. 447, s. 2; 1995, c. 507, s. 27.8(q); 1997‑458,s. 7.1; 2004‑124, s. 6.29(a); 2006‑246, s. 16(b); 2007‑323,s. 6.22(a); 2008‑198, s. 8(a).)