North Carolina § 143B-279 - 12. One-stop permits for certain environmental permits.

§ 143B-279. 12. One-stop permits for certain environmental permits.

The Department of Environmental Quality shall establish a one-stop environmental permit application assistance and tracking system program for all its regional offices. The Department shall provide to each person who submits an application for any environmental permit subject to this section to any regional office a time frame within which that applicant may expect a final decision regarding the issuance or denial of the permit. The Department shall identify the environmental permits that are subject to this section. The procedure regulating the time frame estimates and sanction for failing to honor the time frame shall be as set out in subsections (b) and (c) of this section. Upon receipt of a complete application for an environmental permit, the Department of Environmental Quality shall provide to the applicant a good faith estimate of the date by which the Department expects to make the final decision of whether to issue or deny the permit. Unless otherwise provided by law, when an applicant has provided to the Department of Environmental Quality the information and documentation required and requested by the Department and the Department fails to issue or deny the permit within 60 days of the date projected by the Department for the final decision of whether to issue or deny the permit, the permit shall be automatically granted to the applicant. This subsection does not apply when an applicant submits a substantial amendment to its application after the Department has provided the applicant the projected time frame as required by this section. This subsection does not apply when an applicant agrees to receive a final decision from the Department more than 60 days from the date projected by the Department under subsection (b) of this section. The Department of Environmental Quality shall track the time required to process each complete environmental permit application that is subject to this section. The Department shall compare the time in which the permit was issued or denied with the projected time frame provided to the applicant by the Department as required by this section. The Department shall identify each permit that was issued or denied more than 90 days after receipt of a complete application by the Department and shall document the reasons for the delayed action. Repealed by Session Laws 2008-198, s. 10.1, effective August 8, 2008. The Department may adopt temporary rules to implement this section. History (2004-124, s. 12.12(a); 2006-79, s. 14; 2008-198, s. 10.1; 2015-241, s. 14.30(u).) Expand One-Stop Permit Assistance Pilot Program Statewide. - Session Laws 2004-124, which enacted this section, in ss. 12.12(b) and (c) provide: "(b) The Department of Environment and Natural Resources shall expand to a statewide program that operates in each regional office of the Department the one-stop environmental permit application assistance and tracking system pilot project established under Section 13.7 of S.L. 2000-67 for those environmental permits that were subject to this pilot program, and the provisions of G.S. 143B-12 [G.S. 143B-279.12], as enacted by subsection (a) of this section, shall apply to this statewide program. "(c) Any positions that were used by the Department of Environment and Natural Resources to staff the one-stop environmental permit application assistance and tracking system pilot project established under Section 13.7 of S.L. 2000-67 shall be used for the 2004-2005 fiscal year to staff the statewide one-stop environmental permit application assistance and tracking system program under G.S. 143B-279.12, as enacted in subsection (a) of this section. The Department of Environment and Natural Resources shall use available funds for the 2004-2005 fiscal year to continue and support these positions, and the Department of Environment and Natural Resources shall use funds appropriated in this act to the Department only for the purposes of implementing the statewide one-stop environmental permit application assistance and tracking system and establishing and supporting four positions to staff this statewide program for the 2004-2005 fiscal year." Effect of Amendments. - Session Laws 2006-79, s. 14, effective July 10, 2006, in subsection (e), substituted "1 March of each year" for "October 1, 2004, and annually thereafter", deleted "House of Representatives and the Senate Appropriations Subcommittees on Natural and Economic Resources, the" preceding "Fiscal Research" and made a minor stylistic change. Session Laws 2008-198, s. 10.1, effective August 8, 2008, deleted subsection (e) regarding the time frames for environmental permit issuance or denial. Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" wherever it appears.