GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2017-104
SENATE BILL 8
AN ACT to Provide an exemption to building code provisions allowing construction of a parking garage to extend across a lot line between a city‑owned lot and a privately owned lot without meeting certain requirements; to Restrict the stormwater runoff requirements that a local government can apply to public airports; and to revise the composition of the lincolnton‑lincoln airport authority, to name the airport, and to name the airfield within the airport.
The General Assembly of North Carolina enacts:
PART I. BUILDING CODE EXEMPTION
SECTION 1.(a) Notwithstanding any provision of the North Carolina State Building Code to the contrary, if a lot line or public way exists between a single city‑owned lot and a single privately owned lot, a parking garage that extends across the lot line or public way between the two lots may be constructed as if the city‑owned lot has been combined with the privately owned lot such that there is no lot line or public way between them.
SECTION 1.(b) This section shall apply only to municipalities with a population of more than 250,000.
SECTION 1.(c) This section expires June 30, 2020.
PART II. STORMWATER RUNOFF/AIRPORTS
SECTION 2. G.S. 143‑214.7 reads as rewritten:
"§ 143‑214.7. Stormwater runoff rules and programs.
…
(c3) In accordance with the
Federal Aviation Administration August 28, 2007, Advisory Circular No. 150/5200‑33B
(Hazardous Wildlife Attractants on or Near Airports), neither the
Department shall not nor any local government shall require the
use of stormwater retention ponds, stormwater detention ponds, or any other
stormwater control measure that promotes standing water in order to comply with
this section section, or in order to comply with any local ordinance
adopted under G.S. 143‑214.5, at public airports that support
commercial air carriers or general aviation services. Development projects
located within five statute miles from the farthest edge of an airport air
operations area, as that term is defined in 14 C.F.R. § 153.3 (July 2011
Edition), shall not be required to use stormwater retention ponds, stormwater
detention ponds, or any other stormwater control measure that promotes standing
water in order to comply with this section.section or with any local
ordinance. Existing stormwater retention ponds, stormwater detention ponds,
or any other stormwater control measure that promotes standing water in order
to comply with this section section, or with any local ordinance, and
that is located at a public airports airport or that are
is within five statute miles from the farthest edge of an airport
operations area may be replaced with alternative measures included in the
Division of Water Resources' Best Management Practice Manual chapter on
airports. In order to be approved by the Department, alternative measures or
management designs that are not expressly included in the Division of Water
Resources' Best Management Practice Manual shall provide for equal or better
stormwater control based on the pre‑ and post‑development
hydrograph. Any replacement of existing stormwater retention ponds, stormwater
detention ponds, or any other stormwater control measure that promotes standing
water shall be considered a minor modification to the State general stormwater permit.permit,
and a variance to allow any replacement shall be considered a minor variance
under any local government ordinance adopted under G.S. 143‑214.5.
(c4) The Department and
local governments shall deem runways, taxiways, and any other areas that
provide for overland stormwater flow that promote infiltration and treatment of
stormwater into grassed buffers, shoulders, and grass swales permitted pursuant
to the State post‑construction stormwater requirements.requirements
and to be in compliance with any local government water supply watershed
management protection ordinance adopted under G.S. 143‑214.5.
…."
PART III. LINCOLNTON‑LINCOLN AIRPORT CHANGES
SECTION 3.(a) Section 2 of Chapter 10 of the Session Laws of the 1996 Second Extra Session reads as rewritten:
"Sec. 2. The Airport Authority
shall consist of seven five members, three four of
whom shall be appointed to staggered three‑year terms by the Lincolnton
City Council Lincoln County Board of Commissioners and three one
of whom shall be appointed to a staggered three‑year terms term
by the Lincoln County Board of Commissioners and one of whom shall be
appointed by the other six members of the Airport Authority.Lincolnton
City Council. The members member appointed by the Lincolnton
City Council shall be a qualified voters voter of the City
of Lincolnton, and the members Lincolnton. At least one member appointed
by the Lincoln County Board of Commissioners and the Airport Authority shall
be a qualified voter of the City of Lincolnton. All four members appointed by
the Lincoln County Board of Commissioners shall be qualified voters of the
County of Lincoln. Each member shall take and subscribe before the Clerk of
Superior Court of Lincoln County an oath of office and file the same with the
Lincoln County Board of Commissioners and the Lincolnton City Council. No
member of the Authority Board shall serve more than two consecutive term
limits. The Chairman of the Board shall be annually designated by Lincoln
County."
SECTION 3.(b) The airport operated by the Lincolnton‑Lincoln County Airport Authority shall be hereafter known as the "Lincolnton‑Lincoln County Airport."
SECTION 3.(c) The airfield of the Lincolnton‑Lincoln County Airport shall be hereafter known as the "David E. Lowe Airfield."
PART IV. EFFECTIVE DATE
SECTION 4. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 30th day of June, 2017.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 1:54 p.m. this 12th day of July, 2017