24-0503 - Transfer of function to county; supersession by department.

§ 24-0503. Transfer of function to county; supersession by department.    1.  In the event that a town, village, city or county shall certify in  writing, as hereinafter provided, that it does not possess the technical  capacity or the procedures effectively to carry out the requirements  of  this  title,  such  local function shall be transferred to the county or  the department, as the case may  be.  The  certification  of  the  town,  village  or  city  shall  be  by  certified  mail to the chief executive  officer of the county, or, in the case of a county, to the commissioner.    2. In the  event  that  the  commissioner  shall  find  that  a  local  government  does  not  possess the technical capacity or the implemented  procedures effectively to carry out the requirements of this title,  and  that  his  failure  to  act will entail a default, or the potential of a  default,  in  freshwater  wetlands  regulation,  the  commissioner   may  supersede the local government and order, alternatively, either that the  local  function  be  transferred  to  the county, or that the department  itself undertake the local function, all  to  the  extent  necessary  to  carry  out  the  purposes of this article. The supersession of the local  government, shall be by order of the  commissioner  sent,  by  certified  mail, to the chief executive officer of the local government involved.    3.  In  the event of transfer or supersession under subdivision one or  two of this section, subsequent proceedings shall be in accordance  with  the further requirements of this article.