North Carolina 2023-2024 Session Status: In Committee 7 D cosponsors

SB 866 — Wetlands Protection and Restoration Act.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

In plain language

The bill establishes funding and protections for wetlands in North Carolina.

This bill creates a Wetlands Restoration and Protection Fund with $15 million to support wetland restoration projects and research. It also reinstates protections for isolated wetlands previously removed from federal oversight.

What this means for you
  • Environment: This means increased funding for wetland conservation and restoration efforts in North Carolina.

Bill Text

What changed in the latest version

10 added · 11 removed

Plain-language change summary

In the latest version of Senate Bill 866, an additional line was added that provides more detail on what must be included in the overview of how funds are used by recipients. This added detail helps ensure transparency and accountability regarding the management of funds. Understanding how money is spent is crucial for the public to trust that resources are being used effectively.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA May 2, 2024 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 1 SENATE BILL 866 Short Title:
866 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS45436-MHa-147 Short Title:
A BILL TO BE ENTITLED AN ACT TO PROTECT AND RESTORE WETLANDS IN NORTH CAROLINA.
Rules and Operations of the Senate May 6, 2024 A BILL TO BE ENTITLED AN ACT TO PROTECT AND RESTORE WETLANDS IN NORTH CAROLINA.
(3) An overview of the use of funds by funding recipients, including a description of projects constructed or planning milestones achieved.
(3) An overview of the use of funds byfunding recipients, including a description of projects constructed or planning milestones achieved.
*DRS45436-MHa-147* General Assembly Of North Carolina Session 2023 (4) The findings of the monitoring and research efforts funded under subsection (b)ofthissectionandhowtheyhaveinformedwetlandconservationstrategies and regulatory decisions by the Department.
*S866-v-1* General Assembly Of North Carolina Session 2023 (4) The findings of the monitoring and research efforts funded under subsection (b)ofthissectionandhowtheyhaveinformedwetlandconservationstrategies and regulatory decisions by the Department.
(7) "Wetland" means waters that are areas that are inundated or saturated by an accumulation of surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
(7) "Wetland" means waters that are areas that are inundated or saturated by an accumulation of surface or groundwater at a frequencyand duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Page 2 DRS45436-MHa-147
Page 2 Senate Bill 866-First Edition
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How this bill changes current law

5 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill modifies definitions related to wetlands and repeals certain previous sections, enhancing the state's regulatory framework for wetland protection.

  • G.S. 143-212

    (3a) "Isolated wetlands" means (i) wetlands confirmed to be isolated by the United States Army Corps of Engineers prior to June 22, 2020, and (ii) wetlands described as isolated in the North Carolina Wetland Assessment User Manual prepared by the North Carolina Wetland Functional Assessment Team, version 4.1, October 2010. The term "isolated wetland" does not include an isolated man-made ditch or pond constructed for stormwater management purposes or any other man-made isolated pond.

    This addition defines what constitutes isolated wetlands, clarifying regulatory standards.

  • G.S. 143-212

    “Waters” means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this State, including any portion of the Atlantic Ocean over which the State has jurisdiction. → “Waters” means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, waterway, wetland, or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this State, including any portion of the Atlantic Ocean over which the State has jurisdiction.

    This change adds 'wetland' to the definition of 'waters', broadening protections.

  • G.S. 143-212

    (7) "Wetland" means waters that are areas that are inundated or saturated by an accumulation of surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include prior converted cropland as defined in the National Food Security Act Manual, Fifth Edition. Wetlands classified as waters of the State are limited to (i) waters of the United States as defined by 33 C.F.R. § 328.3 and 40 C.F.R. § 230.3 and (ii) isolated wetlands.

    This new definition establishes clear criteria for what constitutes a wetland, specifying that they don't include certain man-made areas and further clarifying their regulatory status.

  • Section 54 of S.L. 2014-120

    Section 54 of S.L. 2014-120

    The repeal signifies the removal of prior legislation that may no longer align with current wetland protection objectives.

  • Section 4.18 of S.L. 2015-286

    Section 4.18 of S.L. 2015-286

    The repeal signifies the removal of additional legal provisions that may no longer be relevant under the updated framework for wetlands.

Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 6 co-sponsors · 171 not signed on

Sponsors (2)

Co-sponsors (6)

Not signed on (171)

171 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 866?
SB 866 is sponsored by Sydney Batch (Democratic), Lisa Grafstein (Democratic), Jay J. Chaudhuri (Democratic), Marcus, Gladys A. Robinson (Democratic), DeAndrea Salvador (Democratic), Graig Meyer (Democratic), and Kandie D. Smith (Democratic).
What is the current status of SB 866?
This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 866?
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