Title 12, Chapter 5, Section 453
( 12-5-453)
(a) On or before January 1, 1984, or March 1, 1999, with respect to
land brought within the stream corridor on July 1, 1998, each
governing authority shall adopt ordinances or regulations governing
use of all land which is in the drainage basin of any tributary.
Such regulations and ordinances shall, at a minimum, include the
following: (1) Buffer areas of adequate width as determined by local
governing authorities along all flowing streams in the drainage
basin of any tributary, in which areas there will be no
land-disturbing activity; and (2) Soil erosion and sediment control regulations consistent with
Chapter 7 of this title, the "Erosion and Sedimentation Act of
1975." Requirements of the plan, other than those requirements
consistent with Chapter 7 of this title, shall not apply in the
drainage basin of any tributary outside the stream corridor. (b) If the governing authority has failed to adopt and enforce
buffer area and erosion and sediment control ordinances or
regulations which effectively control erosion and sedimentation in a
tributary, the center shall give written notice to the governing
authority of its intent to request the director to undertake
enforcement of erosion and sediment control regulations in the
drainage basin of such tributary. If, after such notice from the
center, the governing authority fails to demonstrate, to the
satisfaction of the center, its intent and ability to enforce buffer
area and erosion and sediment control ordinances or regulations in
the drainage basin of such tributary, the center shall request the
director to assume enforcement of erosion and sediment control
regulations in the drainage basin of such tributary. (c) Upon notification by the center of a governing authority's
failure to adopt and enforce buffer area and erosion and sediment
control ordinances or regulations in the drainage basin of a
tributary or upon a determination by the director, after
consultation with the center, that a governing authority has failed
to adopt and enforce buffer area and erosion and sediment control
ordinances or regulations in the drainage basin of a tributary, the
director may revoke the certification of a governing authority as an
issuing authority for permits required by Chapter 7 of this title,
known as the "Erosion and Sedimentation Act of 1975," for the land
within the drainage basin of such tributary. |