§113A-12. Environmental document not required in certain cases  


Latest version.
  • No environmental document shall be required in connection with:

    (1)        The construction, maintenance, or removal of an electric power line, water line, sewage line, stormwater drainage line, telephone line, telegraph line, cable television line, data transmission line, or natural gas line within or across the right-of-way of any street or highway.

    (2)        An action approved under a general permit issued under G.S. 113A-118.1, 143-215.1(b)(3), or 143-215.108(c)(8).

    (3)        A lease or easement granted by a State agency for:

    a.         The use of an existing building or facility.

    b.         Placement of a wastewater line on or under submerged lands pursuant to a permit granted under G.S. 143-215.1.

    c.         A shellfish cultivation lease granted under G.S. 113-202.

    (4)        The construction of a driveway connection to a public roadway.

    (5)        A project for which public monies are expended if the expenditure is solely for the payment of incentives pursuant to an agreement that makes the incentive payments contingent on prior completion of the project or activity, or completion on a specified timetable, and a specified level of job creation or new capital investment.

    (6)        A major development as defined in G.S. 113A-118 that receives a permit issued under Article 7 of Chapter 113A of the General Statutes.

    (7)        The issuance of an executive order under G.S. 166A-19.30(a)(5) waiving the requirement for an environmental document.

    (8)        The redevelopment or reoccupation of an existing building or facility, so long as any additions to the existing building or facility do not increase the total footprint to more than one hundred fifty percent (150%) of the footprint of the existing building or facility and so long as any new construction does not increase the total footprint to more than one hundred fifty percent (150%) of the footprint of the existing building or facility.

(1991 (Reg. Sess., 1992), c. 945, ss. 5, 7(a); c. 1030, s. 51.15; 2010-186, s. 1; 2010-188, s. 1; 2011-398, s. 59(a); 2014-90, s. 4; 2014-100, s. 14.7(j).)