41 



coTomitted pursuant to such approval but which is not in conformity 

 with the provisions of this chapter may be continued subject to the 

 following: 



a. No such activity shall be expanded, changed, enlarged or 

 altered in any way that increases the extent of its non- 

 conformity without a permit issued pursuant to the provisions 

 of this chapter; 



b. Except for cases of discontinuance as part of normal 

 agricultural practices, if a non-conforming activity is 

 discontinued for 12 consecutive months, any resumption of the 

 activity shall conform to this chapter; 



c. If a non-conforming use or activity is destroyed by human 

 activities or an act of God, it shall not be resumed except 

 in conformity with the provisions of this chapter; 



d. Activities or adjuncts thereof that are or become nuisances 

 shall not be entitled to continue as non-conforming 

 activities. 



Sttotion 10: Judicial review 



Any decision or order issued by the [Approval Authority] pursuant 

 to this chapter, including decisions concerning denial, approval, 

 or conditional approval of a Wetland Permit, may be judicially 

 reviewed in the [Circuit Court) , provided that: 



a. availeOsle administrative remedies, including appeals 

 available pursuant to Section 7.6, have been exhausted; and 



b. such review is commenced by the filing with the court and the 

 [Approval Authority] of a legal action within thirty (30) 

 working days after service of such order or issuance of 

 notice of such decision, as the case may be. 



Based on these proceedings and the decision of the court, the 

 [Approval Authority] may, within the time specified by the court, 

 elect to: 



a. Institute negotiated purchase or condemnation proceedings to 

 acquire an easement or fee interest in the applicant's land; 



b. Approve the permit application with lesser restrictions or 

 conditions; or 



c. other appropriate actions ordered by the court that fall 

 within the jurisdiction of the [Approval Authority] . 



'«) 



