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Section 8: Temporary Emergency Permit, Enforcement 



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8.1 Temporary Emergency Permit ' " 

 Notwithstanding the provisions of this chapter or any other laws to 

 the contrary, the [Approval Authority] may issue a temporary 

 emergency wetlands permit if: 



a. The [Approval Authority] determines that an unacceptable 

 threat to life or severe loss of property will occur if an 

 emergency permit is not granted; and 



b. The anticipated threat or loss may occur before a permit can 

 be issued or modified under the procedures otherwise required 

 by this act and other applicable laws. 



Any emergency permit granted shall incorporate, to the greatest 

 extent practicable and feasible but not inconsistent with the 

 emergency situation, the standards and criteria required for non- 

 emergency activities under this act and shall: 



a. be limited in duration to the time required to complete the 

 authorized emergency activity, not to exceed 90 days; and 



b. require, within this 90 day period, the restoration of any 

 wetland altered as a result of the emergency activity, except 

 that if more than the 90 days from the issuance of the 

 emergency permit is required to complete restoration, the 

 emergency permit may be extended to complete this restoration. 



Issuance of an emergency permit by the [Approval Authority] does 

 not preclude the necessity to obtain necessary approvals from 

 appropriate federal and state authorities. 



Notice of the issuance of the emergency permit and request for 

 public comments shall be published at least once a week on the same 

 day of the week for two consecutive weeks in a newspaper having a 

 general circulation in the [local jurisdiction] no later than 10 

 days after issuance of the emergency permit. 



The emergency permit may be terminated at any time without process 

 upon a determination by the [Approval Authority] that the action 

 was not or is no longer necessary to protect human health or the 

 environment. 



8 . 2 Enforcement 



The [Approval Authority] shall have authority to enforce this 

 chapter, any rule or regulation adopted, and any permit or order 

 issued pursuant to this chapter, against any violation or 

 threatened violation thereof. The [Approval Authority] is 

 authorized to issue violation notices and administrative orders, 

 levy fines, and/or institute legal actions in court. Recourse to 



