§ 45-46-4 — § 45-46-4. Provisions of local ordinances — Model ordinances.

§ 45-46-4. Provisions of local ordinances — Model ordinances.

(a) A city or town adopting an erosion and sediment control ordinance under this chapter shall incorporate, in the ordinance, the provisions contained in the model ordinance in § 45-46-5, and, may further specify performance and other standards and adopt additional definitions that are not inconsistent with this chapter; provided, that the ordinance provides reasonable and prudent provisions for addressing soil and sediment control measures for existing uses and facilities, other than those exempt under this chapter, including a reasonable time table for the submission of plans and documentation.

(b) The ordinance shall require that applications for plan approval under an erosion and sediment control ordinance shall be made to the building official, and that approval is issued through the building official. Councils may, however, in adopting an erosion and sediment control ordinance authorize the building official to designate all duties and responsibilities required under the model ordinance, provided in § 45-46-5, to appropriate officials and agencies in the context of the local government's structure and in a manner consistent with applicable charter provision and public law. The building official and/or his or her designee reviewing soil erosion and sediment control plans shall have the following qualifications:

(1) Be a registered engineer, surveyor, or landscape architect, or a soil and water conservation society certified erosion and sediment control specialist, or

(2) Have attended a soil erosion and sediment control training session sponsored by the United States Department of Agriculture Soil Conservation Service and conservation districts.

(c) The building official and his or her designee shall be granted the necessary authority to administer the model ordinance, including entry onto private property when necessary for periodic inspections to ensure compliance with provisions of the approved soil erosion and sediment control plan.

Legislative History

P.L. 1982, ch. 287, § 1; P.L. 1990, ch. 261, § 1; P.L. 1991, ch. 152, § 1; P.L. 1999, ch. 354, § 51.