North CarolinaSB 4722025-2026 SessionSenateWALLET

AN ACT TO MAKE VARIOUS CHANGES TO THE PROCESS FOR 401 WATER QUALITY CERTIFICATIONS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY.

Sponsored By: Steve Jarvis (Republican), Tom McInnis (Republican), Timothy D. Moffitt (Republican)

Signed by Governor

ADMINISTRATIVE CODEADMINISTRATIVE RULESCAMACOASTAL RESOURCESCOMMISSIONSDEFINITIONSDEQENVIRONMENTENVIRONMENTAL MANAGEMENT COMN

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Faster 401 water permit timelines

Beginning October 1, 2025, DEQ must send any fee notice within 5 business days or the fee is waived. The review clock starts when you pay or on day 6 if the fee is waived. DEQ has 30 business days to say your application is complete, and 20 business days to review fixes. If it misses those windows, your application is treated as complete. If no hearing is held, DEQ must approve or deny within 10 business days after completeness; with a hearing, within 15 business days after the record closes. Missing a decision deadline waives certification unless you agree in writing to extend, up to one year from receipt. If a hearing is needed, DEQ must tell you during the completeness review and request any extra information within 15 business days after comments end. DEQ also posts any federal public notice within five business days.

Limits on 401 permit conditions

Starting October 1, 2025, DEQ can only add effluent or other limits needed to meet State water quality standards. It cannot add other kinds of conditions. DEQ can deny only when no reasonable conditions can assure compliance, and it must explain why.

Man-made ditches removed from coastal rules

Starting July 2, 2025, the law defines many built drainage features as “man‑made ditches,” like ponds, culverts, canals, swales, storm channels, and roadside ditches. These ditches and any marsh inside them are not Areas of Environmental Concern or marshland under coastal rules. The Coastal Resources Commission cannot designate man‑made ditches as AECs.

Faster approvals and bonds for upland marinas

Effective July 2, 2025, new rules cover “upland basin marinas” that hold 10 or more boats. DEQ must approve a complete application in 60 days (one 30‑day info request allowed) or the permit is deemed approved. You must sample dissolved oxygen about 50 feet from each entrance and keep it at least at pre‑project levels. Keep a 30‑foot vegetated shoreline buffer and meet wetland caps: no more than 5% of marina waters area and no more than 10% of coastal wetland fringe, or provide mitigation. Impacts over 125 linear feet require mitigation or credits. You must post a bond or set aside money equal to five years of estimated annual operation and maintenance for water‑quality tech. Meeting these rules creates a presumption of compliance, but DEQ can require fixes if later monitoring shows standards are not met. Filing a Major Development CAMA permit counts as a complete 401 application for these marinas.

Sponsors & Cosponsors

Sponsors

  • Steve Jarvis

    Republican • Senate

  • Tom McInnis

    Republican • Senate

  • Timothy D. Moffitt

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 236 • No: 75

Senate vote 6/25/2025

SB 472: Coastal Regulatory Reform.

Yes: 30 • No: 15 • Other: 5

House vote 6/24/2025

SB 472: Coastal Regulatory Reform.

Yes: 66 • No: 45 • Other: 8

House vote 6/24/2025

SB 472: Coastal Regulatory Reform.

Yes: 109 • No: 0 • Other: 8

Senate vote 4/30/2025

SB 472: Amend 401 Certification Process.

Yes: 31 • No: 15 • Other: 4

Actions Timeline

  1. Ch. SL 2025-48

    7/2/2025Senate
  2. Signed by Gov. 7/2/2025

    7/2/2025Senate
  3. Pres. To Gov. 6/27/2025

    6/27/2025Senate
  4. Ratified

    6/26/2025Senate
  5. Ordered Enrolled

    6/25/2025Senate
  6. Concurred In H Com Sub

    6/25/2025Senate
  7. Placed on Today's Calendar

    6/25/2025Senate
  8. Withdrawn From Com

    6/25/2025Senate
  9. Ref To Com On Rules and Operations of the Senate

    6/25/2025Senate
  10. Special Message Received For Concurrence in H Com Sub

    6/25/2025Senate
  11. Special Message Sent To Senate

    6/25/2025House
  12. Ordered Engrossed

    6/24/2025House
  13. Passed 3rd Reading

    6/24/2025House
  14. Passed 2nd Reading

    6/24/2025House
  15. Amend Adopted A1

    6/24/2025House
  16. Added to Calendar

    6/24/2025House
  17. Cal Pursuant Rule 36(b)

    6/24/2025House
  18. Reptd Fav Com Sub 2

    6/24/2025House
  19. Re-ref Com On Rules, Calendar, and Operations of the House

    6/19/2025House
  20. Reptd Fav Com Substitute

    6/19/2025House
  21. Re-ref to the Com on Agriculture and Environment, if favorable, Rules, Calendar, and Operations of the House

    6/17/2025House
  22. Withdrawn From Com

    6/17/2025House
  23. Re-ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House

    6/16/2025House
  24. Withdrawn From Com

    6/16/2025House
  25. Ref To Com On Rules, Calendar, and Operations of the House

    5/5/2025House

Bill Text

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