§ 113A-56. Jurisdiction of the Commission.
§ 113A‑56. Jurisdictionof the Commission.
(a) The Commissionshall have jurisdiction, to the exclusion of local governments, to adopt rulesconcerning land‑disturbing activities that are:
(1) Conducted by theState.
(2) Conducted by theUnited States.
(3) Conducted by personshaving the power of eminent domain other than a local government.
(4) Conducted by a localgovernment.
(5) Funded in whole orin part by the State or the United States.
(b) The Commission maydelegate the jurisdiction conferred by G.S. 113A‑56(a), in whole or inpart, to any other State agency that has submitted an erosion and sedimentationcontrol program to be administered by it, if the program has been approved bythe Commission as being in conformity with the general State program.
(c) The Commissionshall have concurrent jurisdiction with local governments that administer adelegated erosion and sedimentation control program over all other land‑disturbingactivities. In addition to the authority granted to the Commission in G.S. 113A‑60(c),the Commission has the following authority with respect to a delegated erosionand sedimentation control program:
(1) To review erosionand sedimentation control plan approvals made by a delegated erosion andsedimentation control program and to require a revised plan if the Commissiondetermines that a plan does not comply with the requirements of this Article orthe rules adopted pursuant to this Article.
(2) To review thecompliance activities of a delegated erosion and sedimentation control programand to take appropriate compliance action if the Commission determines that thelocal government has failed to take appropriate compliance action. (1973, c. 392, s. 7; c. 1417,s. 4; 1987, c. 827, s. 130; 1987 (Reg. Sess., 1988), c. 1000, s. 4; 2002‑165,s. 2.5; 2006‑250, s. 2.)