AN ACT to require the filing of Notice of pending litigation for actions SEEKING INJUNCTIVE RELIEF REGARDING SEDIMENTATION AND EROSION CONTROL FOR ANY LAND‑DISTURBING ACTIVITY THAT IS SUBJECT TO THE REQUIREMENTS OF ARTICLE 4 OF CHAPTER 113A OF THE GENERAL STATUTES.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 1‑116(a) reads as rewritten:
"(a)	Any person desiring the benefit of constructive notice of pending litigation must file a separate, independent notice thereof, which notice shall be cross‑indexed in accordance with G.S. 1‑117, in all of the following cases:
(1)	Actions affecting title to real property.
(2)	Actions to foreclose any mortgage or deed of trust or to enforce any lien on real property.
(3)	Actions in which any order of attachment is issued and real property is attached.
(4)	Actions seeking injunctive relief under G.S. 113A‑64.1 or G.S. 113A‑65 regarding sedimentation and erosion control for any land‑disturbing activity that is subject to the requirements of Article 4 of Chapter 113A of the General Statutes."
SECTION 2.  This act becomes effective October 1, 2009, and applies to actions filed on or after that date.
In the General Assembly read three times and ratified this the 1st day of July, 2009.

	s/	 Walter H. Dalton
	 President of the Senate

	s/	 Joe Hackney
	 Speaker of the House of Representatives

	s/	 Beverly E. Perdue
	 Governor

Approved 10:37 a.m. this 10th day of July, 2009