§136-44.7B. Permit issuance by Department of Environment and Natural Resources transportation construction projects

Once the Department of Environment and Natural Resources or any agency within the Department of Environment and Natural Resources has issued a permit that is required for a transportation construction project to be undertaken by or on behalf of the Department of Transportation pursuant to the Transportation Improvement Program, that permit shall remain in effect until the project is completed. The permit shall not expire and shall not be modified or canceled for any reason, including a subsequent change in federal law or regulations or in State law or rules, unless at least one of the following occurs:

(1)        The modification or cancellation is requested by the Department of Transportation.

(2)        The modification or cancellation is clearly required by a change in federal law or regulations and a failure to modify or cancel the permit by the Department of Environment and Natural Resources will or may result in a loss of federal program delegation or a significant reduction in the availability of federal funds to the Department of Environment and Natural Resources or to the Department of Transportation.

(3)        The modification or cancellation is clearly required by a change in State law as a result of an act of the General Assembly that includes a statement that the General Assembly specifically intends the change in State law to apply to ongoing transportation construction projects.

(4)        The modification or cancellation is ordered by a court of competent jurisdiction.

(5)        The nature or scope of the transportation construction project is significantly expanded or otherwise altered.

(6)        Federal law or regulation requires that the permit expire at the end of a specific term of years.

(2003-284, s. 29.6.)