§ 113A‑60. Localerosion and sedimentation control programs.
(a) A local governmentmay submit to the Commission for its approval an erosion and sedimentationcontrol program for its jurisdiction, and to this end local governments areauthorized to adopt ordinances and regulations necessary to establish andenforce erosion and sedimentation control programs. An ordinance adopted by alocal government may establish a fee for the review of an erosion andsedimentation control plan and related activities. Local governments areauthorized to create or designate agencies or subdivisions of local governmentto administer and enforce the programs. An ordinance adopted by a localgovernment shall at least meet and may exceed the minimum requirements of thisArticle and the rules adopted pursuant to this Article. Two or more units oflocal government are authorized to establish a joint program and to enter intoany agreements that are necessary for the proper administration and enforcementof the program. The resolutions establishing any joint program must be dulyrecorded in the minutes of the governing body of each unit of local governmentparticipating in the program, and a certified copy of each resolution must befiled with the Commission.
(b) The Commission shallreview each program submitted and within 90 days of receipt thereof shallnotify the local government submitting the program that it has been approved,approved with modifications, or disapproved. The Commission shall only approvea program upon determining that its standards equal or exceed those of thisArticle and rules adopted pursuant to this Article.
(c) If the Commissiondetermines that any local government is failing to administer or enforce anapproved erosion and sedimentation control program, it shall notify the localgovernment in writing and shall specify the deficiencies of administration andenforcement. If the local government has not taken corrective action within 30days of receipt of notification from the Commission, the Commission shallassume administration and enforcement of the program until such time as thelocal government indicates its willingness and ability to resume administrationand enforcement of the program.
(d) A local governmentmay submit to the Commission for its approval a limited erosion andsedimentation control program for its jurisdiction that grants the localgovernment the responsibility only for the assessment and collection of feesand for the inspection of land‑disturbing activities within thejurisdiction of the local government. The Commission shall be responsible forthe administration and enforcement of all other components of the erosion andsedimentation control program and the requirements of this Article. The localgovernment may adopt ordinances and regulations necessary to establish alimited erosion and sedimentation control program. An ordinance adopted by alocal government that establishes a limited program shall conform to theminimum requirements regarding the inspection of land‑disturbing activitiesof this Article and the rules adopted pursuant to this Article regarding theinspection of land‑disturbing activities. The local government shallestablish and collect a fee to be paid by each person who submits an erosionand sedimentation control plan to the local government. The amount of the feeshall be an amount equal to eighty percent (80%) of the amount established bythe Commission pursuant to G.S. 113A‑54.2(a) plus any amount that thelocal government requires to cover the cost of inspection and programadministration activities by the local government. The total fee shall notexceed one hundred dollars ($100.00) per acre. A local government thatadministers a limited erosion and sedimentation control program shall pay tothe Commission the portion of the fee that equals eighty percent (80%) of thefee established pursuant to G.S. 113A‑54.2(a) to cover the cost to theCommission for the administration and enforcement of other components of theerosion and sedimentation control program. Fees paid to the Commission by alocal government shall be deposited in the Sedimentation Account established byG.S. 113A‑54.2(b). A local government that administers a limited erosionand sedimentation control program and that receives an erosion control plan andfee under this subsection shall immediately transmit the plan to the Commissionfor review. A local government may create or designate agencies or subdivisionsof the local government to administer the limited program. Two or more units oflocal government may establish a joint limited program and enter into anyagreements necessary for the proper administration of the limited program. Theresolutions establishing any joint limited program must be duly recorded in theminutes of the governing body of each unit of local government participating inthe limited program, and a certified copy of each resolution must be filed withthe Commission. Subsections (b) and (c) of this section apply to the approvaland oversight of limited programs.
(e) Notwithstanding G.S.113A‑61.1, a local government with a limited erosion and sedimentationcontrol program shall not issue a notice of violation if inspection indicatesthat the person engaged in land‑disturbing activity has failed to complywith this Article, rules adopted pursuant to this Article, or an approvederosion and sedimentation control plan. The local government shall notify theCommission if any person has initiated land‑disturbing activity for whichan erosion and sedimentation control plan is required in the absence of anapproved plan. If a local government with a limited program determines that aperson engaged in a land‑disturbing activity has failed to comply with anapproved erosion and sedimentation control plan, the local government shallrefer the matter to the Commission for inspection and enforcement pursuant toG.S. 113A‑61.1. (1973, c. 392, s. 11; 1993 (Reg. Sess., 1994), c. 776, s. 7; 2002‑165,s. 2.8; 2006‑250, s. 3.)
§ 113A‑60. Localerosion and sedimentation control programs.
(a) A local governmentmay submit to the Commission for its approval an erosion and sedimentationcontrol program for its jurisdiction, and to this end local governments areauthorized to adopt ordinances and regulations necessary to establish andenforce erosion and sedimentation control programs. An ordinance adopted by alocal government may establish a fee for the review of an erosion andsedimentation control plan and related activities. Local governments areauthorized to create or designate agencies or subdivisions of local governmentto administer and enforce the programs. An ordinance adopted by a localgovernment shall at least meet and may exceed the minimum requirements of thisArticle and the rules adopted pursuant to this Article. Two or more units oflocal government are authorized to establish a joint program and to enter intoany agreements that are necessary for the proper administration and enforcementof the program. The resolutions establishing any joint program must be dulyrecorded in the minutes of the governing body of each unit of local governmentparticipating in the program, and a certified copy of each resolution must befiled with the Commission.
(b) The Commission shallreview each program submitted and within 90 days of receipt thereof shallnotify the local government submitting the program that it has been approved,approved with modifications, or disapproved. The Commission shall only approvea program upon determining that its standards equal or exceed those of thisArticle and rules adopted pursuant to this Article.
(c) If the Commissiondetermines that any local government is failing to administer or enforce anapproved erosion and sedimentation control program, it shall notify the localgovernment in writing and shall specify the deficiencies of administration andenforcement. If the local government has not taken corrective action within 30days of receipt of notification from the Commission, the Commission shallassume administration and enforcement of the program until such time as thelocal government indicates its willingness and ability to resume administrationand enforcement of the program.
(d) A local governmentmay submit to the Commission for its approval a limited erosion andsedimentation control program for its jurisdiction that grants the localgovernment the responsibility only for the assessment and collection of feesand for the inspection of land‑disturbing activities within thejurisdiction of the local government. The Commission shall be responsible forthe administration and enforcement of all other components of the erosion andsedimentation control program and the requirements of this Article. The localgovernment may adopt ordinances and regulations necessary to establish alimited erosion and sedimentation control program. An ordinance adopted by alocal government that establishes a limited program shall conform to theminimum requirements regarding the inspection of land‑disturbing activitiesof this Article and the rules adopted pursuant to this Article regarding theinspection of land‑disturbing activities. The local government shallestablish and collect a fee to be paid by each person who submits an erosionand sedimentation control plan to the local government. The amount of the feeshall be an amount equal to eighty percent (80%) of the amount established bythe Commission pursuant to G.S. 113A‑54.2(a) plus any amount that thelocal government requires to cover the cost of inspection and programadministration activities by the local government. The total fee shall notexceed one hundred dollars ($100.00) per acre. A local government thatadministers a limited erosion and sedimentation control program shall pay tothe Commission the portion of the fee that equals eighty percent (80%) of thefee established pursuant to G.S. 113A‑54.2(a) to cover the cost to theCommission for the administration and enforcement of other components of theerosion and sedimentation control program. Fees paid to the Commission by alocal government shall be deposited in the Sedimentation Account established byG.S. 113A‑54.2(b). A local government that administers a limited erosionand sedimentation control program and that receives an erosion control plan andfee under this subsection shall immediately transmit the plan to the Commissionfor review. A local government may create or designate agencies or subdivisionsof the local government to administer the limited program. Two or more units oflocal government may establish a joint limited program and enter into anyagreements necessary for the proper administration of the limited program. Theresolutions establishing any joint limited program must be duly recorded in theminutes of the governing body of each unit of local government participating inthe limited program, and a certified copy of each resolution must be filed withthe Commission. Subsections (b) and (c) of this section apply to the approvaland oversight of limited programs.
(e) Notwithstanding G.S.113A‑61.1, a local government with a limited erosion and sedimentationcontrol program shall not issue a notice of violation if inspection indicatesthat the person engaged in land‑disturbing activity has failed to complywith this Article, rules adopted pursuant to this Article, or an approvederosion and sedimentation control plan. The local government shall notify theCommission if any person has initiated land‑disturbing activity for whichan erosion and sedimentation control plan is required in the absence of anapproved plan. If a local government with a limited program determines that aperson engaged in a land‑disturbing activity has failed to comply with anapproved erosion and sedimentation control plan, the local government shallrefer the matter to the Commission for inspection and enforcement pursuant toG.S. 113A‑61.1. (1973, c. 392, s. 11; 1993 (Reg. Sess., 1994), c. 776, s. 7; 2002‑165,s. 2.8; 2006‑250, s. 3.)
§ 113A‑60. Localerosion and sedimentation control programs.
(a) A local governmentmay submit to the Commission for its approval an erosion and sedimentationcontrol program for its jurisdiction, and to this end local governments areauthorized to adopt ordinances and regulations necessary to establish andenforce erosion and sedimentation control programs. An ordinance adopted by alocal government may establish a fee for the review of an erosion andsedimentation control plan and related activities. Local governments areauthorized to create or designate agencies or subdivisions of local governmentto administer and enforce the programs. An ordinance adopted by a localgovernment shall at least meet and may exceed the minimum requirements of thisArticle and the rules adopted pursuant to this Article. Two or more units oflocal government are authorized to establish a joint program and to enter intoany agreements that are necessary for the proper administration and enforcementof the program. The resolutions establishing any joint program must be dulyrecorded in the minutes of the governing body of each unit of local governmentparticipating in the program, and a certified copy of each resolution must befiled with the Commission.
(b) The Commission shallreview each program submitted and within 90 days of receipt thereof shallnotify the local government submitting the program that it has been approved,approved with modifications, or disapproved. The Commission shall only approvea program upon determining that its standards equal or exceed those of thisArticle and rules adopted pursuant to this Article.
(c) If the Commissiondetermines that any local government is failing to administer or enforce anapproved erosion and sedimentation control program, it shall notify the localgovernment in writing and shall specify the deficiencies of administration andenforcement. If the local government has not taken corrective action within 30days of receipt of notification from the Commission, the Commission shallassume administration and enforcement of the program until such time as thelocal government indicates its willingness and ability to resume administrationand enforcement of the program.
(d) A local governmentmay submit to the Commission for its approval a limited erosion andsedimentation control program for its jurisdiction that grants the localgovernment the responsibility only for the assessment and collection of feesand for the inspection of land‑disturbing activities within thejurisdiction of the local government. The Commission shall be responsible forthe administration and enforcement of all other components of the erosion andsedimentation control program and the requirements of this Article. The localgovernment may adopt ordinances and regulations necessary to establish alimited erosion and sedimentation control program. An ordinance adopted by alocal government that establishes a limited program shall conform to theminimum requirements regarding the inspection of land‑disturbing activitiesof this Article and the rules adopted pursuant to this Article regarding theinspection of land‑disturbing activities. The local government shallestablish and collect a fee to be paid by each person who submits an erosionand sedimentation control plan to the local government. The amount of the feeshall be an amount equal to eighty percent (80%) of the amount established bythe Commission pursuant to G.S. 113A‑54.2(a) plus any amount that thelocal government requires to cover the cost of inspection and programadministration activities by the local government. The total fee shall notexceed one hundred dollars ($100.00) per acre. A local government thatadministers a limited erosion and sedimentation control program shall pay tothe Commission the portion of the fee that equals eighty percent (80%) of thefee established pursuant to G.S. 113A‑54.2(a) to cover the cost to theCommission for the administration and enforcement of other components of theerosion and sedimentation control program. Fees paid to the Commission by alocal government shall be deposited in the Sedimentation Account established byG.S. 113A‑54.2(b). A local government that administers a limited erosionand sedimentation control program and that receives an erosion control plan andfee under this subsection shall immediately transmit the plan to the Commissionfor review. A local government may create or designate agencies or subdivisionsof the local government to administer the limited program. Two or more units oflocal government may establish a joint limited program and enter into anyagreements necessary for the proper administration of the limited program. Theresolutions establishing any joint limited program must be duly recorded in theminutes of the governing body of each unit of local government participating inthe limited program, and a certified copy of each resolution must be filed withthe Commission. Subsections (b) and (c) of this section apply to the approvaland oversight of limited programs.
(e) Notwithstanding G.S.113A‑61.1, a local government with a limited erosion and sedimentationcontrol program shall not issue a notice of violation if inspection indicatesthat the person engaged in land‑disturbing activity has failed to complywith this Article, rules adopted pursuant to this Article, or an approvederosion and sedimentation control plan. The local government shall notify theCommission if any person has initiated land‑disturbing activity for whichan erosion and sedimentation control plan is required in the absence of anapproved plan. If a local government with a limited program determines that aperson engaged in a land‑disturbing activity has failed to comply with anapproved erosion and sedimentation control plan, the local government shallrefer the matter to the Commission for inspection and enforcement pursuant toG.S. 113A‑61.1. (1973, c. 392, s. 11; 1993 (Reg. Sess., 1994), c. 776, s. 7; 2002‑165,s. 2.8; 2006‑250, s. 3.)
