TITLE L
WATER MANAGEMENT AND PROTECTION

CHAPTER 482-A
FILL AND DREDGE IN WETLANDS

Section 482-A:14-c

    482-A:14-c Limitation on Enforcement Action. – No person who acquires property, by any means, more than 2 years after an activity constituting a violation of this chapter has been completed, shall be subject to an enforcement action under this chapter for such violation, provided such person allows restoration of impacted areas, unless the person knew of the existence of the violation at the time that the person acquired the property. Nothing in this section shall limit any enforcement action for violation of this chapter, including injunctive relief requiring restoration of impacted areas, against the person who committed the violation. Nothing in this section shall limit any enforcement action with respect to any violation of this chapter, including injunctive relief requiring restoration of impacted areas, for which written notice of the violation has been provided to the owner by the department prior to January 1, 2013. In addition to any common law remedy, any person who suffers damages as a result of a violation of this chapter committed by another may seek compensation from the person who committed the violation, including diminution in property value and reasonable attorney's fees.

Source. 2012, 55:1, eff. Jan. 1, 2013. 2018, 279:5, eff. Jan. 1, 2019.