State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-299

§ 143B‑299. Sedimentation Control Commission – members; selection; compensation; meetings.

(a)        Creation;Membership. – There is hereby created in the Department of Environment andNatural Resources the North Carolina Sedimentation Control Commission, which ischarged with the duty of developing and administering the sedimentation controlprogram provided for in this Article. The Commission shall consist of thefollowing members:

(1)        A person to benominated jointly by the boards of the North Carolina League of Municipalitiesand the North Carolina Association of County Commissioners;

(2)        A person to benominated by the Board of the North Carolina Home Builders Association;

(3)        A person to benominated by the Carolinas Branch, Associated General Contractors of America;

(4)        The president, vice‑president,or general counsel of a North Carolina public utility company;

(5)        The Director of theNorth Carolina Water Resources Research Institute;

(6)        A member of theState Mining Commission who shall be a representative of nongovernmentalconservation interests, as required by G.S. 74‑38(b);

(7)        A member of theState Soil and Water Conservation Commission;

(8)        A member of theEnvironmental Management Commission;

(9)        A soil scientistfrom the faculty of North Carolina State University;

(10)      Two persons who shallbe representatives of nongovernmental conservation interests; and

(11)      A professionalengineer registered under the provisions of Chapter 89C of the General Statutesnominated by the Professional Engineers of North Carolina, Inc.

(b)        Appointment. – TheCommission members shall be appointed by the Governor. All Commission members,except the person appointed under subdivision (5) of subsection (a) of thissection, shall serve staggered terms of three years and until their successorsare appointed and duly qualified. The person appointed under subdivision (5) ofsubsection (a) of this section shall serve as a member of the Commission,subject to removal by the Governor as hereinafter specified in this section, solong as the person continues as Director of the Water Resources ResearchInstitute. The terms of members appointed under subdivisions (2), (4), (7), and(8) of subsection (a) of this section shall expire on 30 June of years evenlydivisible by three. The terms of members appointed under subdivisions (1), (3),and (10) of subsection (a) of this section shall expire on 30 June of yearsthat follow by one year those years that are evenly divisible by three. Theterms of members appointed under subdivisions (6), (9), and (11) of subsection(a) of this section shall expire on 30 June of years that precede by one yearthose years that are evenly divisible by three. Except for the person appointedunder subdivision (5) of subsection (a) of this section, no member of theCommission shall serve more than two complete consecutive three‑yearterms. Any member appointed by the Governor to fill a vacancy occurring in anyof the appointments shall be appointed for the remainder of the term of themember causing the vacancy. The Governor may at any time remove any member ofthe Commission for inefficiency, neglect of duty, malfeasance, misfeasance,nonfeasance, or because they no longer possess the required qualifications formembership. The office of the North Carolina Sedimentation Control Commissionis declared to be an office that may be held concurrently with any otherelective or appointive office, under the authority of Article VI, Sec. 9, ofthe North Carolina Constitution.

(b1)      Chair. – TheGovernor shall designate a member of the Commission to serve as chair.

(c)        Compensation. – Themembers of the Commission shall receive the usual and customary per diemallowed for the other members of boards and commissions of the State and asfixed in the Biennial Appropriation Act, and, in addition, the members of theCommission shall receive subsistence and travel expenses according to theprevailing State practice and as allowed and fixed by statute for suchpurposes, which said travel expenses shall also be allowed while going to orfrom any place of meeting or when on official business for the Commission. Theper diem payments made to each member of the Commission shall include necessarytime spent in traveling to and from their places of residence within the Stateto any place of meeting or while traveling on official business for theCommission.

(d)        Meetings ofCommission. – The Commission shall meet at the call of the chair and shall holdspecial meetings at the call of a majority of the members. (1973, c. 1262, s. 40; 1977,c. 771, s. 4; 1981, c. 248, ss. 1, 2; 1989, c. 727, s. 218(138); 1989 (Reg.Sess., 1990), c. 1004, s. 19(b); 1991, c. 551, s. 1; 1997‑443, s.11A.119(a); 2006‑79, s. 9.)