After passing a $200 million relief bill to help communities impacted by Hurricane Matthew and the western North Carolina wildfires, the North Carolina General Assembly had the audacity to launch a fourth special session, opening Pandora’s Box to bills left on the table during the 2016 legislative session and filing additional bills targeting gubernatorial appointments, election boards, and legal appeal processes.

Here at NCLCV, we are keeping a close eye on House Bill 3, another infamous “regulatory reform” bill. Among the 40+ pages in this monstrosity, we are urging leaders to remove at least two provisions that put our state’s water quality at risk and communities in danger for even more severe flooding in the future.

Section 3.15: Prohibit Certain Stormwater Control Measures

This section would eliminate critical safeguards put into place to protect downstream water quality from sedimentation and other polluted run-off from construction and other development There is no logical reason to eliminate these provisions nor to restrict the Division of Water Resources from moving forward to enact stronger protections that might not be codified in state or federal law. There should not be a one-size fits all approach to protecting water quality. DWR should have the flexibility to require on-site stormwater control measures to address the geographic needs of particular areas.

Section 3.18: Amend Stream Mitigation Requirements

This provision would double the length of stream (from 150ft to 300ft) that can be paved over or otherwise destroyed before mitigation is required. Previously, this language has been written for intermittent streams; however, this provision in H3 would apply to all surface water. If this provision were to become law, there would no longer be a financial deterrent for those who choose to harm surface waters.

Additionally, and most egregiously, altering these requirements puts North Carolina communities in greater peril from flooding in future severe storms (not just future hurricanes). These provisions will hamper how headwater and small streams slow down and absorb excess rainwater, a critical role in protecting property and public health. Paving them other without mitigation causes increased flooding downstream. Properties that didn’t previously flood will flood.

Fewer than six hours after the NC General Assembly approved $200 million to help victims from Hurricane Matthew, legislators filed a bill that would ensure worse flooding in the future. Now, more than ever, leaders need to preserve buffers and other natural protections on all streams, not turn around and start chipping away at the protections that likely saved hundreds of homes from also being demolished in the wake of Hurricane Matthew.

We will keep you updated as this bill makes its way through legislative committees.