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SB 19

Various Environmental Amendments.

2025-2026 Session Introduced by Bobby Hanig and 1 co-sponsor

SB 19 designates Jockey’s Ridge as a protected Area of Environmental Concern with sand-removal limits and designated reuse, plus adds public hearing requirements for state spoil di

Passed 1st Reading
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Bill Summary · SB 19

SB 19 — Various Environmental Amendments (summary)

Status: Passed 1st Reading
Introduced: (filed session materials show early‑2025 activity)
Primary subject areas: coastal resources, state property administration, stormwater / built‑upon area definitions, local government planning

Purpose / intent

SB 19 makes three discrete sets of environmental and land‑use changes: (1) designate and add protective use standards for Jockey’s Ridge as a statutorily recognized Area of Environmental Concern (AEC); (2) add procedural protections (public hearing + legislative consultation) before the State grants certain easements/dumping rights for spoil disposal on state property; and (3) clarify which surfaces count as “built‑upon area” for State and approved local stormwater programs (including enumerated exclusions such as specific permeable surfacing and landscape material), and related rules for stormwater/runoff calculations and buffer use.

Key provisions

  1. Designation and protections for Jockey’s Ridge (new G.S. 113A‑113.1)

    • Statutorily designates Jockey’s Ridge (Nags Head, Dare County) as a unique coastal geological AEC.
    • Boundaries: those shown on the Coastal Resources Commission map approved 12/4/1987 (CRC may update maps).
    • Minimum use standards:
      • Removal of more than 10 cubic yards of sand per year from the AEC triggers a permit requirement under the coastal rules.
      • Sand legally removed within the boundary must be deposited at locations in Jockey’s Ridge State Park as designated by the Division of Coastal Management in consultation with Division of Parks & Recreation.
      • Development must not significantly alter or retard free movement of sand except for specified necessary uses or as allowed in the Jockey’s Ridge State Park Management Plan.

  2. Limits on disposition of spoil/disposal easements on state land (new G.S. 146‑29.3)

    • If a proposed disposition is an easement for spoil disposal or dumping rights for dredged materials, the Department of Administration must:
      • Hold a public hearing in the county where the disposition would occur; and
      • After that hearing, submit the proposed disposition to the Joint Legislative Commission on Governmental Operations for consultation (per G.S. 120‑76.1(b)).
    • Effective August 1, 2025 for dispositions submitted on/after that date.

  3. Clarify “built‑upon area” for stormwater programs (amend G.S. 143‑214.7(b2))

    • “Built‑upon area” means impervious surfaces and partially impervious surfaces that do not allow infiltration.
    • Explicit exclusions from built‑upon area include (non‑exhaustive list in statute):
      • slatted decks;
      • water area of swimming pools;
      • #57 stone placed ≥4" over geotextile fabric;
      • trails (unpaved or porous paved with hydraulic conductivity >0.001 cm/sec);
      • landscaping materials (gravel, mulch, sand, vegetation) used in pedestrian/cyclist areas or non‑vehicle‑bearing portions of driveways/parking.
    • Owner/developer may opt out of any of these exemptions for their property.
    • For State stormwater programs and approved local programs:
      • Hydrologic/hydraulic calculations for the one‑year, 24‑hour storm may use any acceptable engineering method to calculate volume, velocity, and discharge rates and the pre/post development runoff difference.
      • Development may be sited within areas otherwise required to be vegetative buffers if stormwater from the full impervious area is collected, treated, and routed so it passes through a segment of the buffer and meets applicable State/federal stormwater requirements.
      • Certain proximity rules for Class SA waters are clarified (limiting when those additional requirements apply).

Who is affected

  • Coastal resource stakeholders in Dare County (Jockey’s Ridge visitors, park managers, local government, developers) — new permit trigger and stricter controls on sand removal.
  • Department of Administration — must hold hearings and consult the Joint Legislative Commission before granting spoil/dumping easements on state property (adds procedural steps).
  • State agencies and local governments that operate stormwater programs and review development permits — clearer definition of built‑upon area and calculation/ buffer flexibility; may change how developers demonstrate compliance.
  • Property owners and developers — some surfaces now explicitly excluded from “built‑upon area” (or can opt out), which can affect stormwater compliance obligations and design choices.

Procedural / timing notes

  • Easement/disposition consultation requirement becomes effective August 1, 2025 for requests submitted on/after that date.
  • CRC mapping provision authorizes later map updates by the Coastal Resources Commission.
  • The change to stormwater definitions applies for State programs and local programs approved under the statute; developers and local program administrators should confirm implementation timing with their permitting authority.

Potential impacts / considerations

  • Environmental protection: the Jockey’s Ridge designation aims to better protect a sensitive coastal dune system by restricting sand removal and guiding reuse of dredged materials into park‑designated locations.
  • Administrative workload: Dept. of Administration will incur added public‑process duties for spoil/disposal easements; Joint Legislative Commission will receive additional consultation items.
  • Development / permitting: clarifications and enumerated exclusions to “built‑upon area” can reduce the calculated impervious area for certain projects (potentially easing stormwater requirements), but the owner/developer opt‑out and the required engineering calculations mean outcomes depend on local program approval and technical demonstration.
  • Local governments should review and, if needed, update local stormwater program documentation and permit review practices to reflect statutory changes.

If you want, I can:
- Produce a one‑page handout for local government planners summarizing compliance steps and permit impacts; or
- Extract the exact statutory text changes and produce redline language for agencies to review.

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

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