Updated 10:30 a.m. Wednesday: The Senate Agriculture, Energy and Environment Committee adopted the amendment during its meeting Wednesday morning in Raleigh.
Original post 11:45 a.m. Tuesday:
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Sen. Bobby Hanig, R-Currituck, has proposed language that would direct the Coastal Resources Commission to implement its longstanding rule protecting Jockey’s Ridge until the commission can adopt a permanent rule that again defines the massive dune as an area of environmental concern.
Hanig said Tuesday during the Senate Agriculture, Energy and Environment Committee meeting in the Legislative Building in Raleigh that he would formally introduce the proposed committee substitute for House Bill 426 for committee consideration Wednesday.
The proposed language is in response to an ongoing dispute between the Coastal Resources Commission and the state Rules Review Commission, which last year rejected 30 longtime coastal rules, including protections for Jockey’s Ridge in place since 1977.
The CRC is responsible for adopting coastal management rules. The RRC is charged with reviewing and approving rules adopted by state agencies.
“Currently there’s a lawsuit between the CRC and RRC regarding several emergency declarations that were put in place and Jockey’s Ridge is caught in the middle of it,” Hanig said Tuesday during the committee discussion. “Currently Jockey’s Ridge is not protected from any type of construction or anything like that. So, we got to make sure we take care of Jockey’s Ridge.”
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Hanig’s measure would direct the Coastal Resources Commission to implement its previously adopted rule establishing minimum use standards for development in the Jockey’s Ridge area environmental concern until the CRC adopts permanent rules.
The language would also require Department of Administration to hold a public hearing before granting an easement on state property for disposal of spoil materials dredged from navigable waters or dumping rights of spoil materials in the county where the proposed easement is located and consult with the Joint Legislative Commission on Governmental Operations, effective Aug. 1.
It would also “clarify” language regarding surfaces excluded from consideration as “built-upon area” for purposes of state or local stormwater programs. It would also add artificial turf installed over pervious surface to the list of surfaces that are not considered built-upon area.