§205A-43.6  Enforcement of shorelinesetbacks.  (a)  The department or an agency designated by department rulesshall enforce this part and rules adopted pursuant to this part.  Any structureor activity prohibited by section 205A-44, that has not received a variancepursuant to this part or complied with conditions on a variance, shall beremoved or corrected.  No other state or county permit or approval shall beconstrued as a variance pursuant to this part.

(b)  Where the shoreline is affected by an artificialstructure that has not been authorized with government agency permits requiredby law, if any part of the structure is on private property, then for purposesof enforcement of this part, the structure shall be construed to be entirelywithin the shoreline area.

(c)  The authority of the board of land andnatural resources to determine the shoreline and enforce rules establishedunder chapter 183C shall not be diminished by an artificial structure inviolation of this part. [L 1989, c 356, pt of §1; gen ch 1993; am L 1995, c 11,§13 and c 69, §13]

 

Case Notes

 

  Because the agency ordepartment is given exclusive power to enforce setbacks, plaintiffs, a companythat owned a lot in a luxury subdivision and the managers of the company, werenot the appropriate party to bring an action against defendants for an allegedviolation of a setback.  338 F. Supp. 2d 1106.