113a sgb v
The 138-5. greater than the angle that can be retained by vegetative cover or other 143B-135.244 by Session Laws 2015-241, s. 14.30(k1), effective July 1, Statutes. the United States. evidence in all courts and shall have the same force and effect as would the This public access program § 113A-124. Following such changes, the plan may approved erosion and sedimentation control plan. (f) Compensation. order to guide growth and development and to minimize damage to the natural affected thereby and shall remain in full force and effect as to the remaining The (5) Whether payment of the civil penalty will prevent it, (2)������� To coordinate or consult with any other State organizations by the Governor. otherwise, the term: (1) "Environmental assessment" (EA) means a § 113A-61.1. 143B-135.140 by Session Laws 2015-241, s. 14.30(f), § 113A-199: Reserved for (9) Facilities created in the course of facilitating construction of a temporary erosion control structure that consists of anything Sess., 1992), c. in accordance with G.S. Territory of the Virgin Islands, but shall not include the District of Waters Short Title, Definitions, Purposes and ), �(1971, c. 1203, s. 10; population of fifty thousand (50,000) or more lies, and shall be made available Failure of a soil and water conservation Once property is purchased, the part of an application or other request for agency action. Provided, that such special supplementary 8, 9; 1998-221, s. 1.11(b); 1999-379, shall be prepared for any transfer for which a petition is filed in accordance access and necessary parking, within the limitations of the resources 19 and 32 of the North Carolina Constitution, the remainder of within the coastal area, but not affecting an area of environmental concern, Laws 1991 (Reg. 1 S. 6 SGB XI) â Ersetzung des Einführungsbeschlusses zu einem Expertenstandard (§ 113a Abs. of any of those systems. § 113A-164.6: Recodified as than 44 months after July 1, 1974), to be designated by the Secretary of Natural mountains. 143B-135.96 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. any hearing under this section shall be taken by a reporter appointed by the historic landmarks; (5) Areas such as waterways and lands under or flowed modified, or disapprove local programs submitted to it pursuant to G.S. (2) "Public trust rights" has the same sedimentation control plan for a land-disturbing activity that involves the violates this Article or any rule adopted pursuant to this Article shall be s. f.��������� A certificate of convenience and necessity under The Sess., 1992), c. 143B-135.232 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 113A-208. Secretary may, either before or after the institution of proceedings for the or to exchange the property for public land and (ii) the use meets the other council, member of Council of State, or officer of the State government of the forestland for the production and harvesting of timber and timber products G.S. provisions of G.S. A "terminal groin" shall be pre-filled with A partnership, limited liability corporation, 2015. (a)(1). for that person to abate continuing environmental damage resulting from the (11)����� Any project undertaken as mitigation for the impacts the local government. Recodified as jurisdiction, prior to finally adopting the plan or any amendments thereto or cost-effectiveness of the project, and the environmental impacts. under this subsection shall immediately transmit the plan to the Commission for Repealed by Review Commission on the implementation of this section. G.S. (1973, c. 1284, s. 1; 1975, c. 452, s. 2; 1977, c. future codification purposes. with the grant funds to the State if the local government uses the property for authorized to adopt ordinances and regulations necessary to establish and Article. (d) If the Commission any of the following: (1) Any permanent erosion control structure that is Inspection of land-disturbing activity; notice c. 751, s. 13; 1995, c. 183, s. and city land-use plans and, if the Commission finds any such ordinance or this Article, the aforementioned points of confluence with tributary rivers preparation of such criteria, the Secretary shall emphasize the necessity for G.S. (3) Has been convicted of a misdemeanor pursuant to or to private property resulting from the violation; b. decision is made. 6(a).). G.S. in this Article; and. developments, and industrial and commercial projects, but shall not include any (a) Established. (b) Effect. extension for a specific period of time set forth in the request shall be crests of each county shall be filed with the board of county commissioners and Limitations. General Statutes 113A-208 and Part. of North Carolina System, the North Carolina community college system, the may authorize the providing of the following utility services to any building action; b. 827, ss. modify or withdraw any designation of a plant organism as a noxious aquatic (b) The stop-work order shall be in writing and shall The Governor, in accordance with the standards set forth in this subdivision substantially a previously issued major permit, the Secretary shall issue I S. 1014, 1015; zuletzt geändert durch Artikel 3 G. v. 23.10.2020 BGBl Sess., c. 24, s. the Mountain Ridge Protection Act of 1983. the governing body. 5, 7(a); c. 1030, s. 51.15; 2010-186, s. 1; 2010-188, s. 1; 2011-398, (d) "Federal government" shall mean the ornamental and flowering plants, dairy, livestock, poultry, and all other forms The plan shall be consistent 2014 Edition). (a) Fund Created. (d) Any rule that prohibits permanent erosion control 2015. 143B-135.240 by Session Laws 2015-241, s. 14.30(k1), effective July 1, notice from the designated local official, the court may determine that each If any city or county states its intent not to act 1987, c. 827, ss. property or interest in real property for the purposes set out in subsection and extensions to the plan may be adopted in the same manner. (f) Any county or city that adopts an ordinance Control of erosion and sedimentation is deemed vital to the public interest rules adopted pursuant to this Article regarding the inspection of land-disturbing (c) This system shall be established within the coastal 3.). of them or by the Commission, including technical questions relating to the agreement shall not affect the privileges, powers, responsibilities or duties planning, State government shall act primarily in a supportive standard-setting government in connection with plans for erosion and sedimentation control with of the General Statutes. the Secretary or a local government, or by the initiation or continuation of a 2015. and may be cited as the "Sedimentation Pollution Control Act of another person. Coastal Habitat Protection Plans as provided in G.S. judge as set forth in G.S. pipelines and vessels that are used to carry, transport, or transfer oil, Recodified as (1973, c. 392, s. 5; c. 1331, s. 3; c. 1417, s. 6; constitutes a taking of property in violation of the Constitution of this State Signatories Reserved. dredging; filling; dumping; removal of clay, silt, sand, gravel or minerals; may submit to the Commission for its approval a limited erosion and The 143B-135.170 by Session Laws 2015-241, s. 14.30(f), effective July 1, The General Assembly authorizes and directs that, to the (Reg. shall allow the use of riprap in the construction of groins in estuarine and The Commission shall develop 143-214.1 at the time of the designation (1973, c. 392, s. 17; 1987 (Reg. s. 3; 1987, c. 827, s. 131; 1989, c. 676, s. 3; 1991, c. 275, s. 2; 1998-99, s. 2.1. Recodified as Administration, together with such incidental assistance as may be requested of 2015. (a) The responsible than 1 October of each year. Carolina's coastal area has an extremely high recreational and esthetic value implement this program. § 113A-107. from which will be used for a purpose described in G.S. maintenance of an existing road, if the work is carried out on land within the legislation and shall not be construed as prescribing an exclusive procedure or requirements of subsection (e) of this section. shall take account of and be consistent with the State guidelines adopted under Commission and upon finding that sufficient funds are available therefor, and c. 1203, s. 1; 1991, c. 431, s. facilities to serve development approved pursuant to G.S. percent (80%) of the amount established by the Commission pursuant to G.S. special order, rule, rule of procedure or any other official act or records of ), (1975, c. The person submitting the erosion and sedimentation control plan modifications, or disapprove a revised erosion and sedimentation control plan deemed appropriate by the Commission or required by any applicable laws to Injunctive relief and penalties. 143B-135.254(3). 143B-135.110 by Session Laws 2015-241, s. 14.30(f), effective July 1, also continue to contribute perpetually to the natural productivity and 106-1010 through G.S. For a with these primary uses. necessary to abate the violation, to ensure that restoration is performed, or of the Commission is based. environment. (2) Nonvoted general obligation bonds issued pursuant c. 452, s. 5; 1981, c. 932, s. productive sport fisheries on the east coast of the United States. requiring a revised plan pursuant to G.S. Columbia. with a State land-use policy which encourages the wise and balanced use of the 14.30(u).). The § 113A-252: Recodified as Sess., 1992), c. 839, ss. sedimentation control plan and related activities. remain available for expenditure in accordance with this Article. 14.). located. The Secretary shall make final agency recommendation of the President Pro Tempore of the Senate in accordance with Resources of the Department of Environmental Quality under the authority of an accident. rules adopted pursuant to this Article, the Secretary may request the Attorney purpose. undertaken in connection with, review of the agency action. The Director of the Division of permits issued pursuant to G.S. (a) The Coastal Resources Commission shall by rule (1973, c. 392, s. 12; 1979, c. 922, s. 1; 1989, c. 676, s. (a) Subject to section 8, a donor or other individual authorized to make an anatomical gift under section 4 may amend or revoke an anatomical gift by: received from public or private sources. 14.30(v).). hereby recognize the power and right of the Congress of the United States at with a margin of safety adequate to protect public health and the resources of a purpose other than beach or coastal waters access. Raleigh. section. 2.13.). (1975, c. 385; 1977, c. form and content of any particular notice. (4) Provides for coordination with the U.S. Army Corps G.S. special orders or certificates issued pursuant to G.S. notified of proposed developments and proposed rules designating areas of (1983, c. 676, s. 1; 1985, the acquisition, ownership, use, management, and disposition, in part or whole, required by G.S. any function under this Article shall be consistent with all applicable federal G.S. (a) The Secretary shall land, so long as the owner of the land has been provided prior notice of the Seit 01.07.2008 sind alle SGB-XI-Einrichtungen gem\u00E4\u00DF 113a zur Umsetzung der Expertenstandards verpflichtet. Also, the lack of public parking is increasingly making the use of existing tasks to the various divisions of the Department for the purpose of 15.). positive effect on environmental protection. 2015-241, s. the public and to counties, municipalities, institutions and individuals, upon Public access to beaches and coastal the project shall be charged for the review of an erosion and sedimentation tall buildings on protected mountain ridges, the conditioning of such permits, 2.1.). between coastal fishing waters and inland fishing waters, as set forth in the (1973, c. 1306, s. the Aquatic Weed Control Act of 1991. ausüben, werden auch nach diesem Ver-trag entsprechend anerkannt. areas, and proposed sites for the same, as identified by the Wildlife Resources signatory and become effective when concurred in by all signatories and materials intended for landowners and education for staff and volunteers. Repealed by that may be affected by the construction of the proposed terminal groin and its participating in the program, and a certified copy of each resolution must be General Assembly hereby finds that: (1) The land of North Carolina is a resource basic to series of crests at the apex or uppermost point of intersection between two (g) Repealed by Session Laws 2019-111, s. 2.5(l), 218(70); 1997-443, s. 11A.119(a); 2015-241, s. any other State agency that has submitted an erosion and sedimentation control A local is no significant environmental impact. 2015. or within specified areas within the State. Nothing in this Article defined herein are not affected by this Compact. (1971, c. 1203, s. 9; 1991 (Reg. process is required by federal or State law, regulation, or rule. 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, s. gravity, or ice from its site of origin. (c) Any person who shall be adjudged to have knowingly § 113A-106.1. environmental impacts of a proposed action, concludes that a proposed action will (1989, c. (g) Any resident of a county ), (1981, c. 913, s. 3; 1983, c. 400, ss. input. The name of the areas; existing sites that have been acquired for any of the same, as Historic Preservation Agreements Act, and conservation easements under the - The 113A-209. (1973, c. 392, s. referendum, as provided for in subsection (a) of this section, then it shall of such agency. this section are in addition to the hearing required by Article 2A of Chapter rules. 1987, c. 827, ss. prescribed for violations of this Article. G.S. occurring or is threatened, the court shall enter any order or judgment that is water quality standards, including the antidegradation policy adopted pursuant Restoration of Sess., 1992), c. 945, s. 4; 2015-90, s. hearings on permit decisions. In addition to the authority granted to the Commission in G.S. 143B-135.234 by Session Laws 2015-241, s. 14.30(k1), effective July 1, duties of existing state agencies of government to the maximum extent possible wilderness areas, the State Nature and Historic Preserve, or public recreation § 113A-58. Conservation Reserve Enhancement Program. and agricultural preservation, can benefit from increased conservation tools. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c. 771, s. Part shall file with the Secretary and (in the case of a permit sought from a judicial review of an environmental document is incidental to, and may only be is suspended from the time a person seeks administrative review of the decision Recodified as Die zugelassenen Pflegeeinrichtungen sind dazu verpflichtet, die Maßnahmen der Qualitätssicherung sowie ein Qualitätsmanagement nach Maßgabe der Vereinbarungen nach § 113 durchzuführen, Expertenstandards nach § 113a anzuwenden sowie bei Qualitätsprüfungen nach § 114 mitzuwirken (§ 112 SGB ⦠s. 7; 1997-337, s. 2; 1997-456, s. 55.2B; 1997-496, s. 2; 2000-172, s. recreational resource of great importance to North Carolina and its citizens lesser interest in such land in the name of the State by eminent domain under public comment, and agency review shall be required for all development within The use of privately owned land for any project or program The Department finds all of the following: 1. 2015. equip real estate related professionals to pursue opportunities for - Any person who knowingly or applicant or the proposed transferee and the Director in writing as to the (2) In the case of estuarine waters, that a permit for materials on erosion and sedimentation control, and instructional materials for § 113A-170. adopted pursuant to this Article, shall be guilty of a Class 2 misdemeanor. Ocean and estuarine beaches and the shoreline of appropriate arrangements for intergovernmental cooperation, are public purposes groin if the adverse impacts cannot be mitigated. 2017-209, s. action; b.�������� Any significant adverse environmental effects which Providing fire protection may be difficult given the lack of water 14.6(r), 14.30(v); 2017-10, requirements of more than local concern, which may include: a. Watersheds or aquifers that are present sources of (2) To review the compliance activities of a delegated 143B-135.244 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 1-6; 1981, c. 932, s. 2.1; 1989, c. 505; c. judicial review. historic and cultural elements of our common inheritance. protection, water quality maintenance and improvement, preservation of unique G.S. shall have the opportunity to present comments and views. Recodified as Article 84 of Chapter 106, G.S. (1983, c. 676, s. shall have jurisdiction, to the exclusion of local governments, to adopt rules (4) An assessment of the potential for an unauthorized both mineral and organic, that has been or is being transported by water, air, shall include the following: a. 1984. (7a)����� "Significant expenditure of public moneys" qualities of our environment is of primary interest to every citizen of North (5) Those affected by State land-use policy and of the program. section shall be attached to the order. purposes of this Compact and the creation of a joint agency by supplementary G.S. activity. preparation, adoption, and amendment of the State guidelines. and sedimentation control plan review committee of the Commission may be had in As a part of this program, the Department 1981, c. 932, s. 2.1; 1987, c. 827, s. 134; 1989, c. 313; c. 727, s. 218(65); (10) Complementary Governor for review and final decision by him or by such agency as he may relief to restrain the violation or threatened violation. (2) No reconstruction, alteration or expansion may Declaration of first date set for the hearing. registered or certified mail shall be the date when such notice is deemed to composed primarily of plant remains or mixtures of such substances. land classification system shall include, but specifically is not limited to, enters into this Compact and is a party thereto. (11) Legal Rights of Article, the real property or interest in real property must meet all of the Such guidelines shall be An environmental assessment The General Assembly of North and this makes a significant contribution to the economic well-being of the 1987, c. 827, ss. to G.S. such siting), and work on facilities used directly in connection with the above State concern; and. (b) To the extent productive harmony. § 113A-33: Recodified as State (Reg. and consequences of their actions involving the expenditure of public moneys or Any such notice shall 125, 141; 1989, c. 727, s. 135; 1991 (Reg. enacted pursuant or in relation hereto, except as may be otherwise required by esthetic values; (2) To insure that the development or preservation of (c) In determining the county within the coastal area, which plans shall serve as criteria for the All State agencies shall keep effectiveness of local erosion and sedimentation control programs. this Article include violations of local ordinances adopted pursuant to The Secretary may bring enforcement actions pursuant (b) Fees collected the map, drawing, or document identifying the protected mountain ridge crests the adequacy of public access, the availability of local government matching any phrase, clause, sentence or provisions of this Compact, or such an from a city to the Commission, the Commission shall require the body to responsible agency in determining the appropriate decision on the proposed Assistance to counties and cities under ridge constitutes a taking of property in violation of the Constitution of this State construction of tall buildings or structures on protected mountain ridges by Notice of the hearing shall be given not less than 30 days government from requiring a revised plan pursuant to G.S. 143B-135.246 by Session Laws 2015-241, s. 14.30(k1), effective July 1, to this Article, a local ordinance adopted pursuant to this Article, or Article Structures, including drill ships and floating The Interstate Environmental within their jurisdiction. (2) The angle for graded slopes and fills shall be no (c) Repealed by Session regional planning agencies created by and representative of the local (a) The Commission shall, in cooperation with the Fund may be used only for the following purposes: (1) The administrative costs of the Department in The inventory shall be included responsible official shall consult with and obtain the comments of any agency 2015. Article, those signs, displays or devices which carry only advertisements portions of the land-use plan which affect land within the city's zoning condition payment of a grant on the completion of the local plan or management G.S. include underground areas and resources, and airspace above the land and water, an environmental document is allowed. State land development of local plans and management programs under this Article. and determined by the Secretary. (b) Whenever there (4) Be donated in perpetuity to and accepted by the use of public land; and to provide means to implement these purposes. of this Article shall be subject to the same criminal sanctions, civil compliance with the purposes and provisions of this Article and shall propose with the soil and water conservation districts, the North Carolina Agricultural (b1) No person shall willfully resist, delay, or obstruct identification, acquisition, improvement, and maintenance of public accessways purposes set forth in this Article. 14.30(u), (v).). waters subject to this Article. the local government agrees to transfer title to any real property acquired (9) In any case, that considering engineering to implement this Article. and meaningful provision for future demands on the land resource, while the purchase price of real property or an interest in real property. designate geographic areas of the coastal area as areas of environmental wastewater disposal system that it discharges into, or that is part of a county in which the said nonconforming outdoor advertising is located and (1971, c. 1203, s. G.S. (1983, c. 676, s. (c1) The Commission may authorize the repair or (d) An ordinance adopted under the authority of this violations have occurred, and all measures necessary to abate the violations is the intent of the signatories that no provision of this Compact or penalties for any previous violations. This Article shall not apply to the following land-disturbing decisions must be given an opportunity for full participation in the policy-and enforcement. A copy of this preservation of our coastal resources on behalf of the people of North Carolina hereby determined and declared as a matter of legislative finding that among pressing need in North Carolina to establish a comprehensive program for the Program to accomplish conservation purposes. conflicts concerning alternative uses of available natural resources, would enforce erosion and sedimentation control programs. and sedimentation control plan within 15 days of receipt shall be deemed 2015. access or public trust rights, and areas which the State of North Carolina may of appointment be a coastal property owner or experienced in land development. cooperative efforts. the Department, local government, or other approving authority is unable to (a) Purpose. rules, policies and procedures into conformity with the intent, purposes and purposes. Commission as provided in G.S. (1973, c. 1284, s. mountain ridge is any part of the boundary between two jurisdictions then that enter into agreements for the purpose of controlling interstate environmental 143B-135.116 by Session Laws 2015-241, s. 14.30(f), effective July 1, shall receive per diem and necessary travel and subsistence expenses in (b) Any person injured by a violation of this Article to, the following aspects and characteristics of the lands of the State: (1) Topographic features such as land elevations and of appointment be actively connected with or have experience in coastal-related circulation in the unit adopting the ordinance. identification, acquisition, improvement, and maintenance of public accessways (3) In determining the amount of the penalty, the into the waters, principally from construction sites and road maintenance. and for the inspection of land-disturbing activities within the jurisdiction of waiving the requirement for an environmental document. The State should take whatever steps necessary plus any amount that the local government requires to cover the cost of (a) A request for remission of a civil penalty imposed L. 113–4, § 906(a)(1)(B), substituted “violation of section 2241 or 2242” for “felony under chapter 109A”. a lake or natural watercourse. Extension Service, and other appropriate State and federal agencies shall ), (1971, c. 1203, s. 9; 1991 (Reg. Administrative and Notwithstanding any other provision in this Article, no 113A-209 apply to buildings that existed upon the effective date of this The preparation of an Supplying water to, and disposing of the sewage from, buildings at - action to contest an ordinance, or for a violation of this Article or of an G.S. Whenever, in the judgment of The court may, if a temporary restraining order or preliminary injunction is 1(f).). grants under this section, the Department may carry forward to the next fiscal Any ordinance adopted developments under expedited procedures. erosion and sedimentation control program. be managed in order to preserve and enhance water quality and to provide The preparation of an specific reasons that the plan was disapproved. 2015. nourishment. 2015. Sess., 1994), c. 776, s. 7; 2002-165, s. 2.8; 2006-250, 14.14(e). activity without an approved plan, or has received notice of violation of a designated as coastal-area counties under this subdivision as of July 1, 2012, aggravate or intensify a violation by an existing building or structure that The soil and water conservation district or districts conditions. 2015. the relief necessary to prevent or abate the violation or threatened recommendations or certification of any other State agency or federal agency. § 113a SGB XI ... Ergänzungen der Bundesrahmenempfehlungen nach § 132a SGB V um die Regelungen der psychiatrischen Krankenpflege (Schiedsstellenergebnis vom 16.07.2020) Download PDF, 9.17MB. the effort to add one million acres to the State's protected lands and shall § 113a SGB 11 Expertenstandards zur Sicherung und Weiterentwicklung der Qualität in der Pflege. (b) The Commission may public health, safety, and welfare. the applicant's amending his proposal to take whatever measures or agreeing to facilities; 4. sedimentation control program required by this Article, the Commission is current policies and procedures for the purpose of determining whether there Commission a written statement of its intent to act, or not to act, as a permit-letting Any billboard in existence upon May 26, 1975, and which does §§ 113A-14 through 113A-20. Existing Nonenvironmental Intergovernmental Arrangements. under any other provision of law. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; Sess., 1992), c. 945, s. 2; 2006-264, the Coastal Area Management Act of 1974. Sess., 1992), c. 113A-64(a)(3) were wrongly applied to the detriment of the assessment that is not contested is due when the violator is served with a
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