North Carolina General Statutes 143-214.7C. Prohibit the requirement of mitigation for certain impacts; establish threshold for mitigation of impacts to streams
(a) Except as required by federal law, the Department of Environmental Quality shall not require mitigation for any of the following:
(1) Impacts to an intermittent stream. For purposes of this section, “intermittent stream” means a well-defined channel that has all of the following characteristics:
a. It contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table.
b. The flow of water in the intermittent stream may be heavily supplemented by stormwater runoff.
c. It often lacks the biological and hydrological characteristics commonly associated with the conveyance of water.
Terms Used In North Carolina General Statutes 143-214.7C
- 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
- Stormwater: means the flow of water which results from precipitation and which occurs immediately following rainfall or a snowmelt. See North Carolina General Statutes 143-213
(2) Impacts associated with the removal of a dam when the removal complies with the requirements of Part 3 of this Article.
(b) Except as required by federal law, the Department of Environmental Quality shall not require mitigation for losses of 300 linear feet or less of stream bed. (2015-241, s. 14.30(c); 2015-286, s. 4.31(a); 2017-10, s. 3.13(a); 2017-145, s. 2(a).)