GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



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1 action shall be taken which would be unlawful in the absence of a 



2 permit issued under this Part. 



3 "§ 143-215.58. Violations and penalties. 



4 (a) Any willful violation of this Part or of any ordinance 



5 adopted (or of the provisions of any permit issued) under the 



6 authority of this Part shall constitute a Class 1 misdemeanor. 



7 (al) A local government may use all of the remedies available 



8 for the enforcement of zoning ordinances under Chapter 160A and 



9 Chapter 153 of the General Statutes to enforce an ordinance 



10 adopted pursuant to this Part. 



11 (b) Failure to remove any artificial obstruction or enlargement 



12 or replacement thereof, that violates this Part or any ordinance 



13 adopted (or the provision of any permit issued) under the 



14 authority of this Part, shall constitute a separate violation of 



15 this Part for each 4-0 — days day that such failure continues after 



16 written notice from the county or municipal governing body. 



17 (c) In addition to or in lieu of other remedies, the county or 



18 municipal governing body may institute any appropriate action or 



19 proceeding to restrain or prevent any violation of this Part or 



20 of any ordinance adopted (or of the provisions of any permit 



21 issued) under the authority of this Part, or to require any 



22 person, firm or corporation which has committed any such 



23 violation to remove a violating obstruction or restore the 



24 conditions existing before the placement of the obstruction. "§ 



25 143-215.59. Other approvals required. 



26 (a) The granting of a permit under the provisions of this Part 



27 shall in no way affect any other type of approval required by any 



28 other statute or ordinance of the State or any political 



29 subdivision of the State, or of the United States, but shall be 



30 construed as an added requirement. 



31 (b) No permit for the construction of any structure to be 



32 located within a f loodway flood hazard area shall be granted by a 



33 political subdivision unless the applicant has first obtained the 



34 permit required by this Part. 



35 "§ 143-215.60. Liability for damages. 



36 No action for damages sustained because of injury or property 



37 damage caused by *» a structure or obstruction for which a permit 



38 has been granted under this Part shall be brought against the 



39 State or any political subdivision of the State, or their 



40 employees or agents. 



4 1 "§ 143-215.61. Floodplain management. 



The provisions of this Part shall not preclude the imposi+ ion 



42 



43 by responsible local governments of land use controls and other 



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