[§196D-10]  Transfer of functions.  (a) Those functions identified in paragraphs (1) and (2) insofar as they relate tothe permit application, review, processing, issuance, and monitoring of laws,and rules and to the enforcement of terms, conditions, and stipulations ofpermits and other authorizations issued by agencies with respect to thedevelopment, construction, installation, operation, maintenance, repair, andreplacement of the project, or any portion or portions thereof, are transferredto the department.  With respect to each of the statutory authorities cited inparagraphs (1) and (2), the transferred functions include all enforcementfunctions of the agencies or their officials under the statute cited as may berelated to the enforcement of the terms, conditions, and stipulations ofpermits, including but not limited to the specific sections of the statutecited.  "Enforcement", for purposes of this transfer of functions,includes monitoring and any other compliance or oversight activities reasonablyrelated to the enforcement process.  These transferred functions include:

(1)  Such functions of the land use commission relatedto:  district boundary amendments as set forth in section 205-3.1 et seq.; andchanges in zoning as set forth in section 205-5; and

(2)  The permit approval and enforcement functions ofthe director of transportation or other appropriate official or entity in thedepartment of transportation related to permits or approvals issued for the useof or commercial activities in or affecting the ocean waters and shores of theState under chapter 266.

(b)  Nothing in this section shall be construedto relieve an applicant from the laws, ordinances, and rules of any agencywhose functions are not transferred by this section to the department for thepurposes of the project.

(c)  This section shall not apply to any permitissued by the public utilities commission under chapter 269.

(d)  Notwithstanding any other provision ofthis chapter, this section shall take effect on July 1, 1989. [L 1988, c301, pt of §1]

 

Note

 

  "July 1, 1989" substituted for "a datethat is one year after the effective date of this chapter".