§ 143-214.26. Nutrient offset credits.
§ 143‑214.26. Nutrientoffset credits.
(a) Nutrient offsetcredits may be purchased to partially offset nutrient loadings to surfacewaters as required by the Environmental Management Commission. Nutrient offsetprojects authorized under this section shall be all of the following:
(1) Consistent withrules adopted by the Commission for implementation of nutrient managementstrategies.
(2) Located within thesame hydrologic area, as defined in G.S. 143‑214.11, in which theassociated nutrient loading takes place.
(b) A governmententity, as defined in G.S. 143‑214.11, may purchase nutrient offsetcredits through either:
(1) Participation in anutrient offset bank that has been approved by the Department if the Departmentapproves the use of the bank for the required nutrient offsets.
(2) Payment of anutrient offset fee established by the Department into the Riparian BufferRestoration Fund established in G.S. 143‑214.21.
(c) A party other thana government entity, as defined in G.S. 143‑214.11, may purchase nutrientoffset credits through either:
(1) Participation in anutrient offset bank that has been approved by the Department if the Departmentapproves the use of the bank for the required nutrient offsets.
(2) Payment of anutrient offset fee established by the Department into the Riparian BufferRestoration Fund established in G.S. 143‑214.21. This option is onlyavailable to an applicant who demonstrates that the option under subdivision(1) of this subsection is not available. (2009‑337, s. 4(a)‑(c).)