Vote Smart's Synopsis:

Vote to pass a bill that requires a city or county ordinance to be consistent with state or federal law.

Highlights:

• Requires a city or county ordinance to be “consistent” with the constitution and laws of North Carolina and of the United States (Sec. 2).

• Specifies that an ordinance is “inconsistent” with the constitution and laws of North Carolina and of the United States under certain circumstances, including, but not limited to, the following circumstances (Sec. 2):
• The ordinance limits a liberty guaranteed by the state or federal constitution;
• The ordinance prohibits an act which is authorized by state or federal law;
• The ordinance authorizes an act which is prohibited by state or federal law; or
• The ordinance regulates a field that is also regulated by a state or federal law enforced by certain environmental agencies and the ordinance is “more stringent” than the state or federal law.

• Defines “environmental agency” as one of the following entities (Sec. 2):
• The Department of Environmental and Natural Resources;
• The Environmental Management Commission;
• The Coastal Resources Commission;
• The Marine Fisheries Commission;
• The Wildlife Resources Commission;
• The Commission for Public Health;
• The Sedimentation Control Commission;
• The Mining and Energy Commission; and
• The Pesticide Board.

• Exempts a city or county ordinance from the provisions of this bill if adoption of the ordinance is required by one of the following circumstances (Sec. 2):
• A “serious and unforeseen threat” to public health, safety, or welfare;
• An act of the state or federal legislature expressly requires adoption of a certain ordinance;
• A provision in federal or state budgetary policy;
• A federal regulation required by an act of Congress to be adopted by the state; or
• A court order.

• Requires the Environmental Management Commission to adopt rules implementing a fast-track permitting process that authorizes the issuance of storm water management system permits without a technical review if specific criteria are met (Sec. 1).

• Requires the commission to adopt rules implementing a fast-track plan approval process that authorizes the approval of erosion and sedimentation control plans without a technical review if specific criteria are met (Sec. 1).

• Establishes the boundary for disposal system permits at the property boundary, except as otherwise determined by the commission, and prohibits groundwater quality from exceeding standards beyond that point (Sec. 3).

Full Bill Text