§ 143B-279.13. Express permit and certification reviews.

NORTH CAROLINA STATUTES AND CODES

§ 143B-279.13. Express permit and certification reviews.

§ 143B‑279.13. Expresspermit and certification reviews.

(a) The Department ofEnvironment and Natural Resources shall develop an express review program toprovide express permit and certification reviews in all of its regionaloffices. Participation in the express review program is voluntary, and theprogram is to become supported by the fees determined pursuant to subsection(b) of this section. The Department of Environment and Natural Resources shalldetermine the project applications to review under the express review programfrom those who request to participate in the program. The express reviewprogram may be applied to any one or all of the permits, approvals, orcertifications in the following programs: the erosion and sedimentation controlprogram, the coastal management program, and the water quality programs,including water quality certifications and stormwater management. The expressreview program shall focus on the following permits or certifications:

(1) Stormwater permitsunder Part 1 of Article 21 of Chapter 143 of the General Statutes.

(2) Stream originationcertifications under Article 21 of Chapter 143 of the General Statutes.

(3) Water qualitycertification under Article 21 of Chapter 143 of the General Statutes.

(4) Erosion and sedimentationcontrol permits under Article 4 of Chapter 113A of the General Statutes.

(5) Permits under theCoastal Area Management Act (CAMA), Part 4 of Article 7 of Chapter 113A of theGeneral Statutes.

(b) The Department ofEnvironment and Natural Resources may determine the fees for expressapplication review under the express review program. Notwithstanding G.S. 143‑215.3D,the maximum permit application fee to be charged under subsection (a) of thissection for the express review of a project application requiring all of thepermits under subdivisions (1) through (5) of subsection (a) of this sectionshall not exceed five thousand five hundred dollars ($5,500). NotwithstandingG.S. 143‑215.3D, the maximum permit application fee to be charged for theexpress review of a project application requiring all of the permits undersubdivisions (1) through (4) of subsection (a) of this section shall not exceedfour thousand five hundred dollars ($4,500). Notwithstanding G.S. 143‑215.3D,the maximum permit application fee charged for the express review of a projectapplication for any other combination of permits under subdivisions (1) through(5) of subsection (a) of this section shall not exceed four thousand dollars($4,000). Express review of a project application involving additional permitsor certifications issued by the Department of Environment and Natural Resourcesother than those under subdivisions (1) through (5) of subsection (a) of thissection may be allowed by the Department, and, notwithstanding G.S. 143‑215.3Dor any other statute or rule that sets a permit fee, the maximum permitapplication fee charged for the express review of a project application shallnot exceed four thousand dollars ($4,000), plus one hundred fifty percent(150%) of the fee that would otherwise apply by statute or rule for thatparticular permit or certification. Additional fees, not to exceed fiftypercent (50%) of the original permit application fee under this section, may becharged for subsequent reviews due to the insufficiency of the permitapplications. The Department of Environment and Natural Resources may establishthe procedure by which the amount of the fees under this subsection isdetermined, and the fees and procedures are not rules under G.S. 150B‑2(8a)for the express review program under this section.