§ 4401. Purpose.
§ 4401. Purpose. It is the purpose of this chapter to: promote the public health, safety and general welfare, and to: protect human life, health and welfare; encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future; minimize flooding of water supply and sanitary sewage disposal systems; […]
§ 4402. Definitions.
§ 4402. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning: (1) “Department” shall mean the Department of Natural Resources and Environmental Control. (2) “Federal Emergency Management Agency” (“FEMA”): the federal agency with the overall responsibility […]
§ 4403. Rules.
§ 4403. Rules. The Secretary shall, by May 17, 2012, develop guidance and minimum standards for improved floodplain management and drainage within the state after consultation with a Floodplain and Drainage Advisory Committee (Committee) appointed by the Secretary, to include public and private interests, as well as appropriate state, federal and municipal agencies, and governmental […]
§ 4404. Review of standards.
§ 4404. Review of standards. (a) Within 6 months of the adoption of minimum standards, the 3 county governments and all municipal governments as appropriate shall review and prepare comments regarding their individual codes and ordinances to determine if they are consistent with the minimum standards. Such review and comments shall identify areas where existing […]
§ 4381. Payment of damages and compensation.
§ 4381. Payment of damages and compensation. The damages and compensation awarded by the terms of the tax lagoon order shall be paid to the person entitled thereto out of the first funds available to the tax lagoon under this chapter, and no construction shall commence until said damages and compensation have been paid. 73 […]
§ 4382. Obstruction of or damage to tax lagoon; civil and criminal liability.
§ 4382. Obstruction of or damage to tax lagoon; civil and criminal liability. (a) If any person wilfully or negligently obstructs or damages any part of a tax lagoon and upon request of the lagoon managers fails to remove the obstruction or to repair the damage at the person’s own expense, the lagoon managers shall […]
§ 4383. Right of entry upon lands.
§ 4383. Right of entry upon lands. The Division of Watershed Stewardship, engineering personnel hired under § 4334 of this title, the Department of Natural Resources and Environmental Control, the lagoon management commissioners, the lagoon managers, or any of their employees or agents may enter upon any lands within the tax lagoon at all reasonable […]
§ 4384. Addition of territory to a tax lagoon.
§ 4384. Addition of territory to a tax lagoon. (a) Any landowner who desires that landowner’s own lands to be included within a tax lagoon formed under this chapter may present a petition for an amendment to the existing lagoon order to include such lands to the Superior Court of the county which issued said […]
§ 4385. Alteration of tax lagoons; amendments to lagoon orders.
§ 4385. Alteration of tax lagoons; amendments to lagoon orders. If it becomes necessary to change any part of a tax lagoon, such changes may be made in one of the following ways: (1) The desired or required changes, justified in writing and including any necessary maps or drawings, shall be presented by the tax […]
§ 4386. Lagoons near highways.
§ 4386. Lagoons near highways. The Department of Transportation shall maintain the highway drainage system insofar as is possible in such manner as to prevent silt from such system from obstructing any part of a tax lagoon. If silt enters from the highway system and obstructs a tax lagoon, the Department of Transportation shall remove […]