Sen. McInnis files bill in North Carolina Senate to revise 401 water quality certification process

A new bill filed by State Sen. McInnis seeks to update the process for 401 water quality certifications to improve notification timing and streamline application reviews, according to the North Carolina State Senate.

The bill, filed as SB 472 on March 24 during the 2025 regular session, was formally listed with the short title: ‘Amend 401 Certification Process.’

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill proposes changes to the process for 401 water quality certifications issued by the North Carolina Department of Environmental Quality. It mandates that the Department notify applicants of the required fee within five business days of application receipt, rather than requiring fee payment upfront. The application review will only begin once the fee is paid. The bill directs the Environmental Management Commission to amend the Water Quality Certification Rules accordingly, with the new rules mirroring the proposed changes and becoming effective as though 10 or more objections had been received. It also requires the Department to seek approval from the U.S. Army Corps of Engineers for modifying the Programmatic Agreement to align with existing review timelines. The Department must also establish a rapid review process for applications under a Nationwide Permit, aiming to complete reviews within five days of application receipt, with non-action resulting in an automatic waiver of requirements. The act takes effect upon becoming law.

Of the three sponsors of this bill, Timothy D. Moffitt proposed the most bills (52) during the 2025 regular session.

Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.

You can read more about the bills and other measures here.

Mclnnis, a Republican, was elected to the North Carolina State Senate in 2023 to represent the state’s 21st Senate district, replacing previous state senator Ben Clark.