House committee substitute makes the following changes to 1st edition. Deletes all provisions of the 1st edition and replaces it with AN ACT TO (1) ESTABLISH CRITERIA FOR TREE CLEARING AROUND BILLBOARDS WITHIN STATE RIGHTS-OF-WAY TO ENSURE COMPLIANCE WITH LOCAL GOVERNMENT REQUIREMENTS; PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE; AND PRESERVE PRIOR PUBLIC INVESTMENTS, (2) MODIFY RULEMAKING PROVISIONS CONCERNING GRAY WATER, AND (3) DIRECT THE ENVIRONMENTAL REVIEW COMMISSION TO STUDY THE REDUCTION AND CONSOLIDATION OF THE STATUTORY MODELS FOR ESTABLISHING, OPERATING, AND FINANCING CERTAIN ORGANIZATIONS THAT PROVIDE WATER AND SEWER SERVICES IN THE STATE.
Amends GS 136-93(d) to include replanting as an activity that a municipality can review a permit application and comment on, and to expand municipal review and comment authority to sites within a municipality’s territorial jurisdiction.
Amends GS 136-133(c) to prohibit denying an electrical permit for an outdoor advertising sign that is compliant with both technical utility standards and local government ordinances (was, must be compliant with technical utility standards).
Amends GS 136-133.1(d) to provide that trees that existed at the time that an outdoor advertising sign was erected may only be removed if the applicant for removal implements a replanting plan and either reimburses the Department of Transportation (DOT) for the monetary value of the trees or agrees to remove two nonconforming outdoor advertising signs located in the same county where the tree removal occurs. Amends GS 136-133.1(e) to require replanting in accordance with rules adopted by the DOT (was, required a plan for beautification).
Amends GS 136-133.2 to permit the DOT to approve a removal permit with conditions. Requires that the denial of a permit must provide reasons for the denial based on criteria in the DOT’s rules. Specifies some of the criteria that must be included. Provides that nothing in GS 136-133.1 or 136-133.2, governing cutting and removing vegetation from around outdoor advertising signs, preempts the authority of a local government to regulate outdoor advertising.
Amends GS 143-355.5(c) to remove decorative water features as an acceptable use of gray water to be addressed in the Environmental Review Commission’s (ERC) study and rule making.
Directs the ERC to study the statutory models for establishing, operating, and financing certain organizations that provide water and sewer services in the state; determine whether, how, and to what extent the number of statutory models should be reduced and consolidated; and report its findings and recommendations to the 2013 General Assembly.