Section 160D-922 - [Effective 7/1/2024] Erosion and sedimentation control(a) Any local government may enact and enforce erosion and sedimentation control regulations as authorized by Article 4 of Chapter 113A of the General Statutes and shall comply with all applicable provisions of that Article and, to the extent not inconsistent with that Article, with this Chapter. Fees charged by a local government under its erosion and sedimentation control program shall not exceed that authorized in G.S. 113A-60(a).(b) Once a local government administering an erosion and sedimentation control program approves an erosion and sedimentation control plan for land-disturbing activity at a site, the local government shall allow the plan holder to begin land-disturbing activity in accordance with G.S. 160D-1110.1(h) and the approved plan, notwithstanding that other development approvals that may be required from the local government for the project have not yet been obtained. In accordance with G.S. 160D-108(e), where multiple local development permits are required to complete a development project, approval of an erosion and sedimentation control plan is not an initial development permit for purposes of the vesting protections of that subsection.N.C. Gen. Stat. § 160D-922
Amended by 2023 N.C. Sess. Laws 142,s. 2-e, eff. 7/1/2024.Amended by 2021 N.C. Sess. Laws 121, s. 3-b, eff. 8/30/2021.Added by 2019 N.C. Sess. Laws 111, s. 2.4, eff. 1/1/2021.Effective Date - S.L. 2019-111: Section 2.4 of 2019 N.C. Sess. Laws 111 added Chapter 160D, and section 3.2 made the act effective January 1, 2021. 2020 N.C. Sess. Laws 25, s. 51-a, eff. 6/19/2020, repealed § 3.2 of S.L. 2019-111. Section 51.(b) of S.L. 2020-25 provides: "Part II of S.L. 2019-111 is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of: (1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or (2) July 1, 2021." This section is set out more than once due to postponed, multiple, or conflicting amendments.