2023 Regulatory Changes
Senate Bill 677 – Third Party Inspections for Multifamily
Section 2 of Senate Bill 677 (HB291) introduces changes to Article 11 of Chapter 160D mandates local governments to expedite plan review and permit decisions for commercial and multifamily building projects. The key points of Section 2 include:
It introduced a pre-submittal meeting option and at-risk permit choices for eligible applicants.
The section allows for third-party reviewers if local governments cannot complete plan review within specified timeframes.
It includes liability limitations for local governments and conforming changes to existing laws.
The effective date for Section 2 is July 1, 2024, and it applies to permit applications submitted on or after that date.
Read Full Summary Here: https://dashboard.ncleg.gov/api/Services/BillSummary/2023/S677-SMBG-60(CSBG-22)-v-5
House Bill 488 - Building Code and Council Reordination
reorganize the Building Code Council, create a new Residential Code Council, and amend various provisions of the North Carolina State Building Code and land development regulations.
Building Code Council Reorganization (Section 1):
Establishes a new Residential Code Council within the Department of Insurance. And clarifies references to the Building Code Council and the NC Building Code. Effective January 1, 2025.
Agent Requirements for Permits Threshold (Section 2):
Raises permit exemption threshold from 20,000 to 40,000. Prohibits multiple residential building permits for simultaneous projects at the same address. Effective October 1, 2023.
Exterior Sheathing Inspections Administrative Code and Policies (Section 4)
Prohibits the North Carolina State Building Code or local government from requiring routine exterior sheathing inspections in regions where ultimate wind speed in less than 140 miles per hour. This section is effective upon becoming law and applies to permit applications submitted on or after that date.
Appendix B building code (Section 5)
Specifies that a local government cannot mandate a permit applicant to complete a Building Code Summary with a set of plans submitted for review. This section is effective upon becoming law.
Residential Code Amendments (Section 9):
Extends the Residential Code to include three- and four-family dwellings. Expires upon adoption of permanent rules.
Erosion and Sedimentation Control (Section 10 and 11):
Section 10 allows local governments to establish fees based on disturbed acres or a flat fee for single-family lots. No specified expiration date.
Section 11 directs the Department of Environment Quality to develop a plan to streamline the implementation of the Sedimentation Pollution Control Act and federal requirements for stormwater discharge from construction activities by September 1, 2023. The department is required to report back to the Environmental Review Commission quarterly, starting August 1, 2024, until the General Assembly repeals this reporting requirement.
Public Water or Sewer Lines (Section 12):
Limits the authority of counties and cities to require property owners to connect their premises to public water or sewer lines. It specifies that a county or city may only mandate connection to a sewer line if there is adequate capacity to transport and treat the proposed new wastewater at the time of connection.
Stormwater Control Regulations (Section 13):
Removes local government authority to include financial arrangements for project maintenance in deed restrictions. And Prohibits regulations requiring payments to local government for maintenance but allows for owner retained funds. Effective upon becoming law.
Unconstitutional Provision Clarification (Section 14):
Ensures that if any part of the act is declared unconstitutional, it does not affect the validity of the entire act. Effective upon becoming law.
Read Full Summary Here: https://dashboard.ncleg.gov/api/Services/BillSummary/2023/H488-SMBG-17(CSBGf-7)-v-3
House Bill 600 - Regulatory Reform Act of 2023
This bill amends state laws related to agriculture, energy, environment, natural resources, and various regulations. The bill proposes modifications to stormwater control requirements, including allowing development within areas designated for vegetative buffers to protect classified shellfish waters, outstanding resource waters, and high-quality waters. The bill has three parts and 53 sections.
Part I: Agriculture, Energy, Environment, and Natural Resources Provisions: This part of House Bill 600 focuses on various aspects related to agriculture, energy, environment, and natural resources. It includes provisions for stormwater permitting modifications, the prohibition of disposal of lithium-ion batteries and solar panels, a study on wastewater design flow rates, and guidelines for coastal area management. Additionally, this part addresses inflatable device regulations and clarifies permit conditions citation for enhanced regulatory transparency.
Part II: Department of Information Technology Procurement Changes: This section of the bill pertains to procurement activities of the Department of Information Technology. It allows funding through administrative fees as part of the IT Supplemental Staffing contract and charges fees to agencies utilizing their services. This part aims to streamline and support the procurement processes within the Department of Information Technology.
Part III: Restore 2009 Building Code Standards for Piers and Docks Constructed in Estuarine Waters: This section directs the North Carolina Building Code Council to implement building code standards consistent with the 2009 North Carolina Building Code for piers and docks constructed in estuarine waters. By aligning with the 2009 standards, this part ensures uniformity and compliance in the construction of piers and docks in these specific environmental areas.
Read Full Summary Here: https://dashboard.ncleg.gov/api/Services/BillSummary/2023/H600-SMBR-59(CCSRI-4)-v-10
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