NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 501

HOUSE BILL 857

 

AN ACT TO AUTHORIZE EITHER THE CITY OF WINSTON-SALEM OR FORSYTH COUNTY OR BOTH BY ORDINANCES TO REGULATE SOIL EROSION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  The Board of County Commissioners of Forsyth County is hereby authorized to make such ordinances as it deems appropriate to prevent soil erosion by requiring the submission of plans in order to control sediment erosion at the site of any construction, landscaping, clearing projects or any other project except normal agricultural operations which in any manner alters the natural structure of the land mass within the county.  The Board of County Commissioners may establish by ordinance a sediment control program whereby prior to any alteration of the land mass within the unincorporated portion of the county, a permit must be obtained from the Board of County Commissioners, in the manner prescribed by the ordinance, and in accordance with the criteria and standards for proper sediment control as established by the Board of County Commissioners.  Such ordinance may also regulate the alteration of the land mass within the territorial jurisdiction of any municipality whose governing body by resolution agrees to such regulation; provided, however, that any such municipal governing body may, upon thirty (30) days written notice, withdraw its approval of the county ordinance, and that ordinance shall have no further effect within the municipality's jurisdiction.

Sec. 2.  The Board of Aldermen of the City of Winston-Salem and the Board of Aldermen of the Town of Kernersville are each authorized to make such ordinances as they deem appropriate to prevent soil erosion by requiring the submission of plans in order to control sediment erosion at the site of any construction, landscaping, clearing projects or any other project which in any manner alters the natural structure of the land mass within their City or Town, respectively.  The Board of Aldermen of the City and the Board of Aldermen of the Town may each establish by ordinance a sediment control program whereby prior to any alteration of the land mass within the City or Town, respectively, a permit must be obtained from the Board of Aldermen, in the manner prescribed by the ordinance, and in accordance with the criteria and standards for proper sediment control as established by the Board of Aldermen.

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 3rd day of June, 1971.