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SB 388

Board of Occupational Therapy rule relating to request for waiver of licensing fees for certain individuals

2025 Regular Session Introduced by Jack Woodrum

SB 388 tightens NCDOT permit reviews: 10-day completeness, 30-day final decision; missed deadlines auto-approve permits for driveways, encroachments, and subdivisions.

Reported in Com. Sub. for S. B. 369
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Bill Summary · SB 388

Summary — SB 388 (DOT Permit Review Time Periods)

Status: Passed 1st Reading (Mar 25, 2025)
Introduced: Feb 14, 2025
Primary Sponsors: Senators McInnis, Moffitt, Jarvis

Main purpose

SB 388 establishes mandatory timeline rules for the North Carolina Department of Transportation (NCDOT) to review certain roadway-related permit applications (driveway, encroachment, and subdivision-related permits). The bill is intended to speed permit processing and create automatic approval consequences if NCDOT misses statutory deadlines.

Key provisions

  • Adds new statutory section (proposed G.S. 136-93.1B) governing permit review for applications under:
    • G.S. 136-18(29), 136-18(37), 136-30, 136-93, and 136-102.6 (driveway, encroachment, subdivision and related DOT permits).
  • 10-business-day completeness check:
    • Within 10 business days of receipt, NCDOT must either: (1) notify the applicant the application is complete and begin the substantive review, or (2) notify the applicant that the application is incomplete and specify what information is required.
    • A completeness notice is not required if NCDOT issues the permit or denies it within that 10-business-day period (denials must be accompanied by a signed written report citing statutory/regulatory grounds).
  • 30-calendar-day substantive review:
    • Once an application is deemed complete (either initially or after applicant supplies missing information), NCDOT has 30 calendar days to issue the permit or deny it. Denials must include a signed written report citing the statutes/regulations justifying the denial.
  • Deemed approval:
    • If NCDOT fails to meet any of the timelines (10-business-day completeness step or the 30-day final review), the application is deemed approved and the Department must issue the permit.
  • Effective date:
    • The act becomes effective upon becoming law.

Who is affected

  • Applicants: property owners, developers, contractors, utilities, and others seeking DOT driveway, encroachment, or subdivision permits — they gain faster, guaranteed response timelines and a potential automatic approval remedy.
  • NCDOT: must adjust application intake and review workflows to comply with strict deadlines; may need internal process changes or staffing adjustments.
  • Local governments and project stakeholders: may see quicker permit decisions affecting construction schedules and development timelines.

Potential impacts and considerations

  • Positive: reduces wait times, increases predictability for development and construction scheduling, and encourages administrative efficiency.
  • Risks/Challenges:
    • Tight deadlines may be hard to meet for complex or multi-discipline reviews (environmental, safety, utility coordination), increasing risk that permits could be auto‑approved without full technical review.
    • Could shift workload and resource needs to NCDOT; potential for increased administrative burden or need for additional staffing.
    • Legal and public‑safety implications if a permit is deemed approved despite unresolved safety or environmental concerns.
  • The bill does not specify exemptions for complex projects or provide alternative timing for multi-agency reviews.

Procedural/timeline notes

  • Introduced Feb 14, 2025; passed 1st reading and referred to Rules (reported March 25, 2025).
  • Text prescribes immediate effect “when it becomes law” (no delayed effective date included).

This summary focuses on the enacted procedural deadlines and the automatic-approval consequence — the central operational changes SB 388 would require of NCDOT and parties seeking DOT permits.

Compiled from official sources — confirm details with the bill’s official record.

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