§ 113A-61. Local approval of erosion and sedimentation control plans.
§ 113A‑61. Local approval of erosion andsedimentation control plans.
(a) For those land‑disturbing activities for which priorapproval of an erosion and sedimentation control plan is required, theCommission may require that a local government that administers an erosion andsedimentation control program approved under G.S. 113A‑60 require theapplicant to submit a copy of the erosion and sedimentation control plan to theappropriate soil and water conservation district or districts at the same timethe applicant submits the erosion and sedimentation control plan to the localgovernment for approval. The soil and water conservation district or districtsshall review the plan and submit any comments and recommendations to the localgovernment within 20 days after the soil and water conservation districtreceived the erosion and sedimentation control plan or within any shorterperiod of time as may be agreed upon by the soil and water conservationdistrict and the local government. Failure of a soil and water conservationdistrict to submit comments and recommendations within 20 days or within agreedupon shorter period of time shall not delay final action on the proposed planby the local government.
(b) Local governments shall review each erosion and sedimentationcontrol plan submitted to them and within 30 days of receipt thereof shallnotify the person submitting the plan that it has been approved, approved withmodifications, or disapproved. A local government shall only approve a planupon determining that it complies with all applicable State and localregulations for erosion and sedimentation control.
(b1) A local government shall condition approval of a drafterosion and sedimentation control plan upon the applicant's compliance withfederal and State water quality laws, regulations, and rules. A localgovernment shall disapprove an erosion and sedimentation control plan ifimplementation of the plan would result in a violation of rules adopted by theEnvironmental Management Commission to protect riparian buffers along surfacewaters. A local government may disapprove an erosion and sedimentation controlplan upon finding that an applicant or a parent, subsidiary, or other affiliateof the applicant:
(1) Is conducting or has conducted land‑disturbing activitywithout an approved plan, or has received notice of violation of a planpreviously approved by the Commission or a local government pursuant to thisArticle and has not complied with the notice within the time specified in thenotice.
(2) Has failed to pay a civil penalty assessed pursuant to thisArticle or a local ordinance adopted pursuant to this Article by the time thepayment is due.
(3) Has been convicted of a misdemeanor pursuant to G.S. 113A‑64(b)or any criminal provision of a local ordinance adopted pursuant to thisArticle.
(4) Has failed to substantially comply with State rules or localordinances and regulations adopted pursuant to this Article.
(b2) In the event that an erosion and sedimentation control planis disapproved by a local government pursuant to subsection (b1) of thissection, the local government shall so notify the Director of the Division ofLand Resources within 10 days of the disapproval. The local government shalladvise the applicant and the Director in writing as to the specific reasonsthat the plan was disapproved. Notwithstanding the provisions of subsection (c)of this section, the applicant may appeal the local government's disapproval ofthe plan directly to the Commission. For purposes of this subsection and subsection(b1) of this section, an applicant's record may be considered for only the twoyears prior to the application date.
(c) The disapproval or modification of any proposed erosion andsedimentation control plan by a local government shall entitle the personsubmitting the plan to a public hearing if the person submits written demandfor a hearing within 15 days after receipt of written notice of the disapprovalor modification. The hearings shall be conducted pursuant to procedures adoptedby the local government. If the local government upholds the disapproval ormodification of a proposed erosion and sedimentation control plan following thepublic hearing, the person submitting the erosion and sedimentation controlplan is entitled to appeal the local government's action disapproving ormodifying the plan to the Commission. The Commission, by regulation, shalldirect the Secretary to appoint such employees of the Department as may benecessary to hear appeals from the disapproval or modification of erosion andsedimentation control plans by local governments. In addition to providing forthe appeal of local government decisions disapproving or modifying erosion andsedimentation control plans to designated employees of the Department, theCommission shall designate an erosion and sedimentation control plan reviewcommittee consisting of three members of the Commission. The person submittingthe erosion and sedimentation control plan may appeal the decision of anemployee of the Department who has heard an appeal of a local government actiondisapproving or modifying an erosion and sedimentation control plan to theerosion and sedimentation control plan review committee of the Commission.Judicial review of the final action of the erosion and sedimentation controlplan review committee of the Commission may be had in the superior court of thecounty in which the local government is situated.
(d) Repealed by Session Laws 1989, c. 676, s. 4. (1973, c. 392, s. 12; 1979, c. 922, s. 1; 1989, c. 676, s. 4; 1993 (Reg.Sess., 1994), c. 776, ss. 8, 9; 1998‑221, s. 1.11(b); 1999‑379, s.3; 2002‑165, s. 2.9.)