§ 482-A:14 — Penalties

I. Whoever recklessly or knowingly fails, neglects or refuses to comply with this chapter, rules adopted under this chapter, an order or condition of a permit issued under this chapter, or recklessly or knowingly misrepresents any material fact in connection with any activities regulated or prohibited by this chapter, whether or not the owner of the land in question, shall be guilty of a misdemeanor if a natural person and guilty of a felony if any other person.
II. State and local law enforcement officials may prosecute any violation of this chapter as a violation. This provision shall not limit the state's enforcement authority under this chapter.
III. Failure, neglect or refusal to comply with this chapter or rules adopted under this chapter, or an order or condition of a permit issued under this chapter, and the misrepresentation by any person of a material fact made in connection with any activities regulated or prohibited by this chapter shall be deemed violations of this chapter. The court may, upon separate petition of the attorney general, or in connection with a petition for equity relief, levy upon any person who violates this chapter, whether or not the owner of the land in question, a civil penalty in an amount not to exceed $10,000 per violation. Each day of a continuing violation shall constitute a separate violation. The proceeds of any civil penalty levied pursuant to this chapter shall be placed in a nonlapsing fund held by the treasurer, which may be expended by the department, subject to the approval of the governor and council, for the purpose of restoration, research, investigation and enforcement relative to wetlands.

Legislative History

1989, 339:1. 1996, 296:22, eff. Aug. 9, 1996.