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



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



(c)  The authority of the board of land and
natural resources to determine the shoreline and enforce rules established
under chapter 183C shall not be diminished by an artificial structure in
violation 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 or
department is given exclusive power to enforce setbacks, plaintiffs, a company
that owned a lot in a luxury subdivision and the managers of the company, were
not the appropriate party to bring an action against defendants for an alleged
violation of a setback.  338 F. Supp. 2d 1106.