North Carolina § 143-214 - 8. Division of Mitigation Services: established.

§ 143-214. 8. Division of Mitigation Services: established.

The Division of Mitigation Services is established within the Department of Environmental Quality. The Division of Mitigation Services shall be developed by the Department as a nonregulatory statewide mitigation services program for the acquisition, maintenance, restoration, enhancement, and creation of wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, wildlife habitat, and recreational opportunities. The Division of Mitigation Services shall consist of the following components: Restoration and perpetual maintenance of wetlands. Development of restoration plans. Landowner contact and land acquisition. Evaluation of site plans and engineering studies. Oversight of construction and monitoring of restoration sites. Land ownership and management. Mapping, site identification, and assessment of wetlands functions. Oversight of private wetland mitigation banks to facilitate the components of the Division of Mitigation Services. Restoration and monitoring of projects or land acquisitions that create or restore flood storage capacity. History (1996, 2nd Ex. Sess., c. 18, s. 27.4(a); 1997-443, s. 11A.119(a); 2005-386, s. 3.1; 2015-1, s. 4.1; 2015-241, s. 14.30(u); 2020-79, s. 11A(a).) Editor's Note. - Session Laws 1996, Second Extra Session, c. 18, s. 1.1, provides: "This act shall be known as the Current Operations Appropriations Act of 1996." Session Laws 1996, Second Extra Session, c. 18, s. 27.4(c), (d), and (e), provide that the Department of Environment, Health, and Natural Resources (now the Department of Environmental Quality) is directed to negotiate and enter into a Memorandum of Agreement with the United States Army Corps of Engineers regarding the restoration, creation, enhancement, and preservation of wetlands and the compensatory mitigation required of permit applicants under 33 U.S.C. § 1344; for the appropriation of funds for staff and expenses to implement the Wetlands Restoration Program; and that the Environmental Review Commission shall study private mitigation banks and compare with the Wetlands Restoration Program and report to the 1997 General Assembly. Session Laws 1996, Second Extra Session, c. 18, s. 29.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1996-97 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1996-97 fiscal year." Session Laws 1996, Second Extra Session, c. 18, s. 29.5, is a severability clause. Effect of Amendments. - Session Laws 2005-386, s. 3.1, effective September 13, 2005, substituted "Ecosystem Enhancement" and "ecosystem enhancement" for "Wetlands Restoration" and "wetlands restoration" in the section heading and throughout the section. Session Laws 2015-1, s. 4.1, effective March 16, 2015, substituted "Division of Mitigation Services" for "Ecosystem Enhancement Program" in the section heading and throughout the section; and substituted "statewide mitigation services" for "statewide ecosystem enhancement" in the introductory language. 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 the introductory paragraph. Session Laws 2020-79, s. 11A(a), effective July 1, 2020, added subdivision (9).