TITLE L
WATER MANAGEMENT AND PROTECTION

CHAPTER 483-B
SHORELAND WATER QUALITY PROTECTION ACT

Section 483-B:5

    483-B:5 Enforcement by Commissioner; Duties; Woodland Buffer. –
I. The commissioner, with the advice and assistance of the office of planning and development, department of natural and cultural resources and department of agriculture, markets, and food, shall enforce the provisions of this chapter.
II. The commissioner or his or her designee may, for cause, enter upon any subject land or parcel at any reasonable time, provided he or she has obtained the oral or written permission of the property owner, attempted to notify the property owner or his or her agent either orally or in writing 24 hours prior to entry, or has observed, or received credible evidence of, the occurrence of activities regulated by this chapter that may impact water quality, to perform oversight and enforcement duties provided for in this chapter.
III. [Repealed.]
IV. To encourage coordination of state and local enforcement measures, the commissioner shall notify, at the time of issuance or filing, the local governing body of enforcement action undertaken by the state in respect to protected shoreland within the municipality by sending it copies of relevant administrative orders issued and pleadings filed.
V. The commissioner may issue an order to any person in violation of this chapter, of rules adopted under this chapter, or of any condition of a permit issued under this chapter.

Source. 1991, 303:1. 1992, 235:8, 9. 1994, 383:6, 22, II. 1995, 130:4. 2003, 319:9. 2004, 257:44. 2011, 224:394, eff. June 29, 2011. 2013, 153:3, eff. Aug. 27, 2013. 2017, 156:14, I, 64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.