North Carolina § 143-214 - 25A. Riparian Buffer Protection Program: Surface Water Identification Training and Certification Program.

§ 143-214. 25A. Riparian Buffer Protection Program: Surface Water Identification Training and Certification Program.

The Division of Water Resources of the Department shall develop a program to train and certify individuals to determine the presence of surface waters that would require the application of rules adopted by the Commission for the protection of riparian buffers. The Division may train and certify employees of the Division as determined by the Director of the Division of Water Resources; employees of units of local government to whom responsibility for the implementation and enforcement of the riparian buffer protection rules is delegated pursuant to G.S. 143-214.23; and Registered Foresters under Chapter 89B of the General Statutes who are employees of the North Carolina Forest Service of the Department of Agriculture and Consumer Services as determined by the Assistant Commissioner of the North Carolina Forest Service. The Director of the Division of Water Resources may review the determinations made by individuals who are certified pursuant to this section, may override a determination made by an individual certified under this section, and, if the Director of the Division of Water Resources determines that an individual is failing to make correct determinations, revoke the certification of that individual. The Division of Water Resources shall develop standard forms for use in making and reporting determinations. Each individual who is certified to make determinations under this section shall prepare a written report of each determination and shall submit the report to the agency that employs the individual. Each agency shall maintain reports of determinations made by its employees, shall forward a copy of each report to the Director of the Division of Water Resources, and shall maintain these reports and all other records related to determinations so that they will be readily accessible to the public. In implementing the Surface Water Identification Training and Certification Program established by this section, the Division of Water Resources of the Department of Environmental Quality shall give priority to training and certifying the most highly qualified and experienced personnel in each agency. The Division of Water Resources shall evaluate the effectiveness of the Surface Water Identification Training and Certification Program and shall submit an annual report of its findings and recommendations, if any, to the Environmental Review Commission on or before October 1 of each year. History (2010-180, s. 4(a), (b); 2011-145, s. 13.25(uu); 2013-155, s. 22; 2013-413, s. 57(k), (cc); 2014-115, s. 17; 2015-241, s. 14.30(u).) Editor's Note. - The first two sentences of Session Laws 2010-180, s. 4(b), effective August 2, 1010, have been codified as subsection (c) of this section at the direction of the Revisor of Statutes. Session Laws 2013-413, s. 57(cc), amended Session Laws 2010-180, s. 4(b), by substituting "Division of Water Resources" for "Division of Water Quality." Session Laws 2010-180, s. 4(b), as amended by Session Laws 2013-413, s. 57(cc), provides in part: "The Division of Water Resources shall submit the first report required by this section on or before October 1, 2011." Session Laws 2010-180, s. 4(c), provides: "Sections 4(a), 4(b), and 4(c) of this act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Every agency to which this section applies shall implement the provisions of this act with funds otherwise appropriated or available to the agency." Session Laws 2013-413, s. 61(b), provides: "Except as otherwise provided, this act is effective when it becomes law [August 23, 2013]." Session Laws 2013-413, s. 60(c), had provided that: "This act becomes effective July 1, 2015." Session Laws 2014-115, s. 17, amended Session Laws 2013-413, s. 60(c), to replace the reference to "This act" with the words "This Part." Session Laws 2013-413, s. 61(a), is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 13.25(uu), effective July 1, 2011, inserted "of Agriculture and Consumer Services" following "Department" in the second sentence of subsection (a). Session Laws 2013-155, s. 22, effective July 1, 2013, in subsection (a), substituted "North Carolina Forest Service" for "Division of Forest Resources" twice, and "Assistant Commissioner" for "Director." Session Laws 2013-413, s. 57(k), effective July 1, 2015, substituted "Division of Water Resources" for "Division of Water Quality" throughout. For effective date, see Editor's note. Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subsection (c).