Orange County NC Website
23 <br />adopted by a local government that establishes a Two or more units of local government may <br />limited program shall conform to the minimum establish a joint limited program and enter into any <br />requirements regarding the inspection of land-agreements necessary for the proper administration <br />disturbing activities of this Article and the rules of the limited program. The resolutions establishing <br />adopted pursuant to this Article regarding the any joint limited program must be duly recorded in <br />inspection of land-disturbing activities. The local the minutes of the governing body of each unit of <br />government shall establish and collect a fee to be local government participating in the limited <br />paid by each person who submits an erosion and program, and a certified copy of each resolution <br />sedimentation control plan to the local government. must be filed with the Commission. Subsections (b) <br />The amount of the fee shall be an amount equal to and (c) of this section apply to the approval and <br />eighty percent (80%) of the amount established by oversight of limited programs. <br />the Commission pursuant to G.S. 113A-54.2(a) plus <br />(e) Notwithstanding G.S. 113A-61.1, a local <br />any amount that the local government requires to <br />government with a limited erosion and <br />cover the cost of inspection and program <br />sedimentation control program shall not issue a <br />administration activities by the local government. <br />notice of violation if inspection indicates that the <br />The total fee shall not exceed one hundred dollars <br />person engaged in land-disturbing activity has failed <br />($100.00) per acre. A local government that <br />to comply with this Article, rules adopted pursuant <br />administers a limited erosion and sedimentation <br />to this Article, or an approved erosion and <br />control program shall pay to the Commission the <br />sedimentation control plan. The local government <br />portion of the fee that equals eighty percent (80%) <br />shall notify the Commission if any person has <br />of the fee established pursuant to G.S. 113A-54.2(a) <br />initiated land-disturbing activity for which an <br />to cover the cost to the Commission for the <br />erosion and sedimentation control plan is required in <br />administration and enforcement of other components <br />the absence of an approved plan. If a local <br />of the erosion and sedimentation control program. <br />government with a limited program determines that <br />Fees paid to the Commission by a local government <br />a person engaged in a land-disturbing activity has <br />shall be deposited in the Sedimentation Account <br />failed to comply with an approved erosion and <br />established by G.S. 113A-54.2(b). A local <br />sedimentation control plan, the local government <br />government that administers a limited erosion and <br />shall refer the matter to the Commission for <br />sedimentation control program and that receives an <br />inspection and enforcement pursuant to G.S. 113A- <br />erosion control plan and fee under this subsection <br />61.1. <br />shall immediately transmit the plan to the <br />(1973, c. 392, s. 11; 1993 (Reg. Sess., 1994), c. 776, s. <br />Commission for review. A local government may <br />7; 2002-165, s. 2.8; 2006-250, s. 3.) <br />create or designate agencies or subdivisions of the <br />local government to administer the limited program. <br />