§ 45-46-4. Provisions of local ordinances - Model ordinances. (a) A city or town adopting an erosion and sediment control ordinance under this chapter shall incorporate, in the ordinance, the provisions contained in the model ordinance in § 45-46-5, and, may further specify performance and other standards and adopt additional definitions that are not inconsistent with this chapter; provided, that the ordinance provides reasonable and prudent provisions for addressing soil and sediment control measures for existing uses and facilities, other than those exempt under this chapter, including a reasonable time table for the submission of plans and documentation.
(b) The ordinance shall require that applications for plan approval under an erosion and sediment control ordinance shall be made to the building official, and that approval is issued through the building official. Councils may, however, in adopting an erosion and sediment control ordinance authorize the building official to designate all duties and responsibilities required under the model ordinance, provided in § 45-46-5, to appropriate officials and agencies in the context of the local government's structure and in a manner consistent with applicable charter provision and public law. The building official and/or his or her designee reviewing soil erosion and sediment control plans shall have the following qualifications:
(1) Be a registered engineer, surveyor, or landscape architect, or a soil and water conservation society certified erosion and sediment control specialist, or
(2) Have attended a soil erosion and sediment control training session sponsored by the United States Department of Agriculture Soil Conservation Service and conservation districts.
(c) The building official and his or her designee shall be granted the necessary authority to administer the model ordinance, including entry onto private property when necessary for periodic inspections to ensure compliance with provisions of the approved soil erosion and sediment control plan.
History of Section. (P.L. 1982, ch. 287, § 1; P.L. 1990, ch. 261, § 1; P.L. 1991, ch. 152, § 1; P.L. 1999, ch. 354, § 51.)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.