TITLE 45

Towns and cities

CHAPTER 45-46

Soil Erosion and Sediment Control

SECTION 45-46-4



   § 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.)