§ 113A-54. Powers and duties of the Commission.
§ 113A‑54. Powers and duties of the Commission.
(a) The Commission shall, in cooperation with the Secretary ofTransportation and other appropriate State and federal agencies, develop,promulgate, publicize, and administer a comprehensive State erosion andsedimentation control program.
(b) The Commission shall develop and adopt and shall revise asnecessary from time to time, rules and regulations for the control of erosionand sedimentation resulting from land‑disturbing activities. TheCommission shall adopt or revise its rules and regulations in accordance withChapter 150B of the General Statutes.
(c) The rules and regulations adopted pursuant to G.S. 113A‑54(b)for carrying out the erosion and sedimentation control program shall:
(1) Be based upon relevant physical and developmentalinformation concerning the watershed and drainage basins of the State,including, but not limited to, data relating to land use, soils, hydrology,geology, grading, ground cover, size of land area being disturbed, proximatewater bodies and their characteristics, transportation, and public facilitiesand services;
(2) Include such survey of lands and waters as may be deemedappropriate by the Commission or required by any applicable laws to identifythose areas, including multijurisdictional and watershed areas, with criticalerosion and sedimentation problems; and
(3) Contain conservation standards for various types of soilsand land uses, which standards shall include criteria and alternativetechniques and methods for the control of erosion and sedimentation resultingfrom land‑disturbing activities.
(d) In implementing the erosion and sedimentation controlprogram, the Commission shall:
(1) Assist and encourage local governments in developing erosionand sedimentation control programs and, as a part of this assistance, theCommission shall develop a model local erosion and sedimentation controlordinance. The Commission shall approve, approve as modified, or disapprovelocal programs submitted to it pursuant to G.S. 113A‑60.
(2) Assist and encourage other State agencies in developingerosion and sedimentation control programs to be administered in theirjurisdictions. The Commission shall approve, approve as modified, or disapproveprograms submitted pursuant to G.S. 113A‑56 and from time to time shallreview these programs for compliance with rules adopted by the Commission andfor adequate enforcement.
(3) Develop recommended methods of control of sedimentation andprepare and make available for distribution publications and other materialsdealing with sedimentation control techniques appropriate for use by personsengaged in land‑disturbing activities, general educational materials onerosion and sedimentation control, and instructional materials for personsinvolved in the enforcement of this Article and erosion and sedimentationcontrol rules, ordinances, regulations, and plans.
(4) Require submission of erosion and sedimentation controlplans by those responsible for initiating land‑disturbing activities forapproval prior to commencement of the activities.
(e) To assist it in developing the erosion and sedimentationcontrol program required by this Article, the Commission is authorized toappoint an advisory committee consisting of technical experts in the fields ofwater resources, soil science, engineering, and landscape architecture.
(f) Repealed by Session Laws 1987, c. 827, s. 10, effectiveAugust 13, 1987. (1973, c. 392, s. 5; c.1331, s. 3; c. 1417, s. 6; 1975, 2nd Sess., c. 983, s. 74; 1977, c. 464, s. 35;1979, c. 922, s. 2; 1983 (Reg. Sess., 1984), c. 1014, ss. 1, 2; 1987, c. 827,s. 10; 1987 (Reg. Sess., 1988), c. 1000, s. 3; 1989, c. 676, s. 1; 1993 (Reg.Sess., 1994), c. 776, s. 3; 2002‑165, ss. 2.2, 2.3.)