Wetland Rule Change: 15A NCAC 02H 0.1400 et seq.; 15A NCAC 02H 0.1301
- Policy Category: Bolstering CWA Protections
- State: North Carolina
- Date Implemented: 3/12/2022
3/12/2022
Revisions to the Isolated Wetlands and Waters Rule 15A NCAC 02H .1301 and adoption of Non-jurisdictional Wetlands and Waters Rules 15A NCAC 02H .1401-.1405 authorized NCDEQ to reinstate a permitting mechanism for wetlands and waters that were no longer protected by the Clean Water Act after passage of the Navigable Waters Protection Rule (aka Dirty Water Rule). The changes to 15A NCAC 02H .1301 include defining “isolated wetland,” “isolated waters,” and “project,” and 15A NCAC 02H .1401 changes included adding a process for determining the boundary and extent of non-jurisdictional wetlands and requiring a permit or Certificate of Coverage (COC) for activities not considered “deemed permitted.”
- Action Agency(ies): Environmental Management Commission
- Policy Champions: Sue Homewood, NCEMC; Grady McCallie at NC Conservation
- Read the full policy language