Zoning Consistency Determination

All air quality permit applications must include a zoning consistency determination request in order to be deemed complete and thereby start the 90-day working clock per 2Q .0304 (b)(1) for minor facilities or 2Q .0507 (d)(1) for major facilities. These regulations state that the application must include:

  1. for a new facility or an expansion of existing facility, a consistency determination according to G.S. 143-215.108(f) that:
    1. bears the date of receipt entered by the clerk of the local government, or
    2. consists of a letter from the local government indicating that all zoning or subdivision ordinances are met by the facility;

All of the provisions of the general statute, DAQ regulations and a DAQ policy memo must be followed. The Small Business Assistance Program has developed two templates that may be used to successfully meet all of the requirements.

If you are a small business and have air quality permitting questions, contact Tony Pendola at (919) 707-8112 or email at tony.pendola@ncdenr.gov. Otherwise please contact the Division of Air Quality staff in the applicable DEQ regional office.

The first template is a letter to the local government.

This letter should be sent to every local government you believe may have jurisdiction over your property. That may be both a city and a county. Be careful as many facilities that are not located within city limits are subject to the zoning regulations of the city because they are in the "Extra-territorial jurisdiction" or ETJ. This letter should be addressed to the "Clerk" of the local government and not directly to the planning or zoning officials. You should call your local information line to obtain the information required at the top of the letter. All counties have one "Clerk to the Board of Commissioners" who will determine the proper zoning or planning official that needs to respond to the letter.

Download Letter to Municipality

The second template should be sent along with the first.

You need to fill out each of the lines at the top of the form. If you don't know your new NAICS number, at least put the SIC code. That should provide all the information that they will need. Remember to check the appropriate regulatory agency on the back of the form (or second page) so they will know where to mail the completed form.

Download Form from Municipality