§ 143‑214.23. Riparian Buffer Protection Program: Delegation of riparian buffer protectionrequirements to local governments.
(a) The Commission may delegate responsibility for theimplementation and enforcement of the State's riparian buffer protection requirementsto units of local government that have the power to regulate land use. Adelegation under this section shall not affect the jurisdiction of theCommission over State agencies and units of local government. Any unit of localgovernment that has the power to regulate land use may request thatresponsibility for the implementation and enforcement of the State's riparianbuffer protection requirements be delegated to the unit of local government. Tothis end, units of local government may adopt ordinances and regulationsnecessary to establish and enforce the State's riparian buffer protectionrequirements.
(b) Within 90 days after the Commission receives a completeapplication requesting delegation of responsibility for the implementation andenforcement of the State's riparian buffer protection requirement, theCommission shall review the application and notify the unit of local governmentthat submitted the application whether the application has been approved,approved with modifications, or disapproved. The Commission shall not approve adelegation unless the Commission finds that local implementation andenforcement of the State's riparian buffer protection requirements will equalimplementation and enforcement by the State.
(c) If the Commission determines that a unit of local governmentis failing to implement or enforce the State's riparian buffer protectionrequirements, the Commission shall notify the unit of local government inwriting and shall specify the deficiencies in implementation and enforcement.If the local government has not corrected the deficiencies within 90 days afterthe unit of local government receives the notification, the Commission shallrescind delegation and shall implement and enforce the State's riparian bufferprotection program. If the unit of local government indicates that it iswilling and able to resume implementation and enforcement of the State'sriparian buffer protection requirements, the unit of local government mayreapply for delegation under this section.
(d) The Department shall provide technical assistance to unitsof local government in the development, implementation, and enforcement of theState's riparian buffer protection requirements.
(e) The Department shall provide a stream identification trainingprogram to train individuals to determine the existence of surface water forpurposes of rules adopted by the Commission for the protection and maintenanceof riparian buffers. The Department may charge a fee to cover the full cost ofthe training program. No fee shall be charged to an employee of the State whoattends the training program in connection with the employee's official duties.
(f) The Commission may adopt rules to implement this section. (1999‑448, s. 1.)
§ 143‑214.23. Riparian Buffer Protection Program: Delegation of riparian buffer protectionrequirements to local governments.
(a) The Commission may delegate responsibility for theimplementation and enforcement of the State's riparian buffer protection requirementsto units of local government that have the power to regulate land use. Adelegation under this section shall not affect the jurisdiction of theCommission over State agencies and units of local government. Any unit of localgovernment that has the power to regulate land use may request thatresponsibility for the implementation and enforcement of the State's riparianbuffer protection requirements be delegated to the unit of local government. Tothis end, units of local government may adopt ordinances and regulationsnecessary to establish and enforce the State's riparian buffer protectionrequirements.
(b) Within 90 days after the Commission receives a completeapplication requesting delegation of responsibility for the implementation andenforcement of the State's riparian buffer protection requirement, theCommission shall review the application and notify the unit of local governmentthat submitted the application whether the application has been approved,approved with modifications, or disapproved. The Commission shall not approve adelegation unless the Commission finds that local implementation andenforcement of the State's riparian buffer protection requirements will equalimplementation and enforcement by the State.
(c) If the Commission determines that a unit of local governmentis failing to implement or enforce the State's riparian buffer protectionrequirements, the Commission shall notify the unit of local government inwriting and shall specify the deficiencies in implementation and enforcement.If the local government has not corrected the deficiencies within 90 days afterthe unit of local government receives the notification, the Commission shallrescind delegation and shall implement and enforce the State's riparian bufferprotection program. If the unit of local government indicates that it iswilling and able to resume implementation and enforcement of the State'sriparian buffer protection requirements, the unit of local government mayreapply for delegation under this section.
(d) The Department shall provide technical assistance to unitsof local government in the development, implementation, and enforcement of theState's riparian buffer protection requirements.
(e) The Department shall provide a stream identification trainingprogram to train individuals to determine the existence of surface water forpurposes of rules adopted by the Commission for the protection and maintenanceof riparian buffers. The Department may charge a fee to cover the full cost ofthe training program. No fee shall be charged to an employee of the State whoattends the training program in connection with the employee's official duties.
(f) The Commission may adopt rules to implement this section. (1999‑448, s. 1.)
§ 143‑214.23. Riparian Buffer Protection Program: Delegation of riparian buffer protectionrequirements to local governments.
(a) The Commission may delegate responsibility for theimplementation and enforcement of the State's riparian buffer protection requirementsto units of local government that have the power to regulate land use. Adelegation under this section shall not affect the jurisdiction of theCommission over State agencies and units of local government. Any unit of localgovernment that has the power to regulate land use may request thatresponsibility for the implementation and enforcement of the State's riparianbuffer protection requirements be delegated to the unit of local government. Tothis end, units of local government may adopt ordinances and regulationsnecessary to establish and enforce the State's riparian buffer protectionrequirements.
(b) Within 90 days after the Commission receives a completeapplication requesting delegation of responsibility for the implementation andenforcement of the State's riparian buffer protection requirement, theCommission shall review the application and notify the unit of local governmentthat submitted the application whether the application has been approved,approved with modifications, or disapproved. The Commission shall not approve adelegation unless the Commission finds that local implementation andenforcement of the State's riparian buffer protection requirements will equalimplementation and enforcement by the State.
(c) If the Commission determines that a unit of local governmentis failing to implement or enforce the State's riparian buffer protectionrequirements, the Commission shall notify the unit of local government inwriting and shall specify the deficiencies in implementation and enforcement.If the local government has not corrected the deficiencies within 90 days afterthe unit of local government receives the notification, the Commission shallrescind delegation and shall implement and enforce the State's riparian bufferprotection program. If the unit of local government indicates that it iswilling and able to resume implementation and enforcement of the State'sriparian buffer protection requirements, the unit of local government mayreapply for delegation under this section.
(d) The Department shall provide technical assistance to unitsof local government in the development, implementation, and enforcement of theState's riparian buffer protection requirements.
(e) The Department shall provide a stream identification trainingprogram to train individuals to determine the existence of surface water forpurposes of rules adopted by the Commission for the protection and maintenanceof riparian buffers. The Department may charge a fee to cover the full cost ofthe training program. No fee shall be charged to an employee of the State whoattends the training program in connection with the employee's official duties.
(f) The Commission may adopt rules to implement this section. (1999‑448, s. 1.)
