A BILL TO BE ENTITLED
AN ACT to require that property donated to the state or a land conservation organization be included in calculations of project density under state stormwater rules.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  Definition. – "Calculation of Project Density Rule" means 15A NCAC 02H .1003 (Requirements That Apply To All Projects) for purposes of this section and its implementation.
SECTION 1.(b)  Calculation of Project Density Rule. – Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission, the Department of Environmental Quality, and local stormwater management programs shall implement the Calculation of Project Density Rule as provided in subsection (c) of this section.
SECTION 1.(c)  Implementation. – For purposes of calculating project density under State stormwater rules, the Calculation of Project Density Rule shall be implemented to provide that total project area shall include property that is contiguous with the developed property and is donated by the permittee to the State or a land conservation organization. Such donation shall include deed restrictions and protective covenants sufficient to ensure that the project will be maintained in perpetuity consistent with the plans and specification approved by the permitting authority.
SECTION 1.(d)  Additional Rule‑Making Authority. – The Commission shall adopt a rule to amend the Calculation of Project Density Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section.
SECTION 1.(e)  Sunset. – This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 2.  This act is effective when it becomes law.