North Carolina General Statutes 150B-19.3. Limitation on certain environmental rules
(a) An agency authorized to implement and enforce State and federal environmental laws may not adopt a rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if a federal law or rule pertaining to the same subject matter has been adopted, unless adoption of the rule is required by one of the subdivisions of this subsection. A rule required by one of the following subdivisions of this subsection shall be subject to the provisions of N.C. Gen. Stat. § 150B-21.3(b1) as if the rule received written objections from 10 or more persons under N.C. Gen. Stat. § 150B-21.3(b2):
(1) A serious and unforeseen threat to the public health, safety, or welfare.
Terms Used In North Carolina General Statutes 150B-19.3
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) An act of the General Assembly or United States Congress that expressly requires the agency to adopt rules.
(3) A change in federal or State budgetary policy.
(4) A federal regulation required by an act of the United States Congress to be adopted or administered by the State.
(5) A court order.
(b) For purposes of this section, “an agency authorized to implement and enforce State and federal environmental laws” means any of the following:
(1) The Department of Environmental Quality created pursuant to N.C. Gen. Stat. § 143B-279.1
(2) The Environmental Management Commission created pursuant to N.C. Gen. Stat. § 143B-282
(3) The Coastal Resources Commission established pursuant to N.C. Gen. Stat. § 113A-104
(4) The Marine Fisheries Commission created pursuant to N.C. Gen. Stat. § 143B-289.51
(5) The Wildlife Resources Commission created pursuant to N.C. Gen. Stat. § 143-240
(6) The Commission for Public Health created pursuant to N.C. Gen. Stat. § 130A-29
(7) The Sedimentation Control Commission created pursuant to N.C. Gen. Stat. § 143B-298
(8) The North Carolina Oil and Gas Commission created pursuant to N.C. Gen. Stat. § 143B-293.1
(9) The Pesticide Board created pursuant to N.C. Gen. Stat. § 143-436 (2011-398, s. 2; 2012-143, s. 1(d); 2014-4, s. 4(c); 2014-120, s. 57; 2015-241, s. 14.30(u).)