North Carolina § 143-214 - 13. Division of Mitigation Services: reporting requirement.

§ 143-214. 13. Division of Mitigation Services: reporting requirement.

The Department of Environmental Quality shall report each year by November 1 to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division regarding its progress in implementing the Division of Mitigation Services and its use of the funds in the Ecosystem Restoration Fund. The report shall document statewide wetlands losses and gains, compensatory mitigation performed under G.S. 143-214.8 through G.S. 143-214.12, and gains in acre-feet of flood storage capacity from projects funded under G.S. 143-214.11A. The report shall also provide an accounting of receipts and disbursements of the Ecosystem Restoration Fund, an analysis of the per-acre cost of wetlands restoration, and a cost comparison on a per-acre basis between the State's Division of Mitigation Services and private mitigation banks. The Department shall also send a copy of its report to the Fiscal Research Division of the General Assembly. The Department shall maintain an inventory of all property that is held, managed, maintained, enhanced, restored, or used to create wetlands or to enhance or restore flood storage capacity under the Division of Mitigation Services. The inventory shall also list all conservation easements held by the Department. The inventory shall be included in the annual report required under subsection (a) of this section. History (1996, 2nd Ex. Sess., c. 18, s. 27.4(a); 1997-443, s. 11A.119(a); 1999-329, s. 6.2; 2005-386, s. 3.6; 2010-142, s. 3; 2015-1, s. 4.6; 2015-241, s. 14.30(u); 2017-57, s. 14.1(h); 2020-79, s. 11A(d).) Editor's Note. - Session Laws 1999-329, s. 13.7 provides that this act shall not be construed to obligate the General Assembly to appropriate funds to implement the provisions of this act. Every State agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated or available to that agency. Effect of Amendments. - Session Laws 2005-386, s. 3.6, effective September 13, 2005, substituted "Ecosystem Enhancement" for "Wetlands Restoration" in the section heading; and substituted "Ecosystem Enhancement" for "Wetlands Restoration" and "Ecosystem" for "Wetlands" throughout the section. Session Laws 2010-142, s. 3, effective July 22, 2010, inserted "and to the Joint Legislative Commission on Governmental Operations" in the first sentence of subsection (a). Session Laws 2015-1, s. 4.6, effective March 16, 2015, substituted "Division of Mitigation Services" for "Ecosystem Enhancement Program" in the section heading and throughout the section. Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subsection (a). Session Laws 2017-57, s. 14.1(h), effective July 1, 2017, substituted "the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division" for "and to the Joint Legislative Commission on Governmental Operations" in the first sentence of subsection (a). Session Laws 2020-79, s. 11A(d), effective July 1, 2020, added "and gains in acre-feet of flood storage capacity from projects funded under G.S. 143-214.11 A" at the end of the second sentence in subsection (a); and inserted "or to enhance or restore flood storage capacity" in the first sentence of subsection (b).