HARRY HUGHES, Governor                              3699

DIFFERENT GEOGRAPHIC AREAS OF THE STATE AND SHALL CONSULT

WITH THE AFFECTED COUNTIES AND MUNICIPALITIES BEFORE

ADOPTION OF THE INITIAL RULES AND REGULATIONS.

(C) BEFORE THE REGULATIONS REQUIRED UNDER THIS
SUBSECTION ARE FINAL, THE DEPARTMENT SHALL HOLD AT LEAST ONE
PUBLIC HEARING IN THE AFFECTED IMMEDIATE GEOGRAPHIC AREAS OF
THE STATE AND SHALL CONSULT WITH THE AFFECTED COUNTIES AND
MUNICIPALITIES.

(D)  THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE,
TRAINING, RESEARCH, AND COORDINATION IN STORMWATER
MANAGEMENT TECHNOLOGY TO THE LOCAL GOVERNMENTS CONSISTENT
WITH THE PURPOSES OF THIS SUBTITLE.

8-11A-04.

(A)  AFTER JULY 1, 1984, UNLESS EXEMPTED, A PERSON MAY
NOT DEVELOP ANY LAND FOR RESIDENTIAL, COMMERCIAL,
INDUSTRIAL, OR INSTITUTIONAL USE WITHOUT SUBMITTING A
STORMWATER MANAGEMENT PLAN TO THE COUNTY OR MUNICIPALITY
THAT HAS JURISDICTION, AND OBTAINING APPROVAL OF THE PLAN
FROM THE COUNTY OR MUNICIPALITY. A GRADING OR BUILDING
PERMIT MAY NOT BE ISSUED FOR A PROPERTY UNLESS A STORMWATER
MANAGEMENT PLAN HAS BEEN APPROVED THAT IS CONSISTENT WITH
THIS SUBTITLE.

(B)  THE DEVELOPER SHALL CERTIFY THAT ALL LAND
CLEARING, CONSTRUCTION, DEVELOPMENT, AND DRAINAGE WILL BE
DONE ACCORDING TO THE PLAN.

(C)  EACH COUNTY OR MUNICIPALITY MAY PROVIDE BY
ORDINANCE FOR THE REVIEW AND APPROVAL OF STORMWATER
MANAGEMENT PLANS BY THE LOCAL SOIL CONSERVATION DISTRICT.

(D)  EACH COUNTY OR MUNICIPALITY MAY ADOPT A FEE SYSTEM
TO COVER THE COST OF REVIEWING STORMWATER MANAGEMENT PLANS
AND IMPLEMENTING STORMWATER MANAGEMENT PROGRAMS. THE FEE
SHALL TAKE EFFECT UPON ENACTMENT BY THE LOCAL GOVERNING
BODY. ANY FEES COLLECTED UNDER THIS SYSTEM SHALL BE
SUPPLEMENTARY TO COUNTY AND STATE FUNDS AND MAY NOT:

(1) BE USED TO REDUCE COUNTY OR STATE FUNDS; AND

(2) EXCEEDS THE COST OF REVIEWING THE PLANS.

8-11A-05.

(A)  THE PROVISIONS OF § 8-11A-04 OF THIS SUBTITLE DO
NOT APPLY TO THE CONSTRUCTION ACTIVITIES OF THE STATE
AGENCIES.

(B)  AFTER JULY 1, 1984, A STATE AGENCY MAY NOT
UNDERTAKE ANY LAND CLEARING , SOIL MOVEMENT , OR
CONSTRUCTION ACTIVITY INVOLVING SOIL MOVEMENT UNLESS THE