State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-279_12

§ 143B‑279.12.  One‑stoppermits for certain environmental permits.

(a)        The Department ofEnvironment and Natural Resources shall establish a one‑stopenvironmental permit application assistance and tracking system program for allits regional offices. The Department shall provide to each person who submitsan application for any environmental permit subject to this section to anyregional office a time frame within which that applicant may expect a finaldecision regarding the issuance or denial of the permit. The Department shallidentify the environmental permits that are subject to this section. Theprocedure regulating the time frame estimates and sanction for failing to honorthe time frame shall be as set out in subsections (b) and (c) of this section.

(b)        Upon receipt of acomplete application for an environmental permit, the Department of Environmentand Natural Resources shall provide to the applicant a good faith estimate ofthe date by which the Department expects to make the final decision of whetherto issue or deny the permit.

(c)        Unless otherwiseprovided by law, when an applicant has provided to the Department ofEnvironment and Natural Resources the information and documentation requiredand requested by the Department and the Department fails to issue or deny thepermit within 60 days of the date projected by the Department for the finaldecision of whether to issue or deny the permit, the permit shall beautomatically granted to the applicant. This subsection does not apply when anapplicant submits a substantial amendment to its application after theDepartment has provided the applicant the projected time frame as required bythis section. This subsection does not apply when an applicant agrees toreceive a final decision from the Department more than 60 days from the dateprojected by the Department under subsection (b) of this section.

(d)        The Department ofEnvironment and Natural Resources shall track the time required to process eachcomplete environmental permit application that is subject to this section. TheDepartment shall compare the time in which the permit was issued or denied withthe projected time frame provided to the applicant by the Department asrequired by this section. The Department shall identify each permit that was issuedor denied more than 90 days after receipt of a complete application by theDepartment and shall document the reasons for the delayed action.

(e)        Repealed by SessionLaws 2008‑198, s. 10.1, effective August 8, 2008.

(f)         The Department mayadopt temporary rules to implement this section.  (2004‑124, s.12.12(a); 2006‑79, s. 14; 2008‑198, s. 10.1.)