2015-116 Planning - NC Sedimentation Control Commission MOA for erosion control ordinance development

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