(a)  State Project Agency.  For each activity subject to this Chapter, one agency must serve as the State Project Agency, and take the responsibility for ensuring compliance with the NCEPA.  If more than one state agency is involved, a meeting will be held and voluntary agreement on the State Project Agency responsibility will be sought.  Where no agreement is reached among the agencies, the Secretary of the Department, with the advice of the Environmental Policy Act Advisory Committee, shall designate the State Project Agency.  The other involved agencies shall be cooperating agencies.

(b)  Non‑state projects.  State agencies may ask federal and local agencies or special purpose units of government and private companies to submit information about the proposed activity where the government or company is involved in planning, construction, or otherwise conducting the proposed activity, and the only state involvement is permit granting or plan approval; however, the State Project Agency is ultimately responsible for compliance with the act.


History Note:        Authority G.S. 113A‑11;

Eff. February 1, 1986;

Amended Eff. May 3, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.