§ 113A-66. Civil relief. - North Carolina Statutes

§ 113A‑66.  Civil relief.

(a)        Any person injured by a violation of this Article or anyordinance, rule, or order duly adopted by the Secretary or a local government,or by the initiation or continuation of a land‑disturbing activity forwhich an erosion and sedimentation control plan is required other than inaccordance with the terms, conditions, and provisions of an approved plan, maybring a civil action against the person alleged to be in violation (includingthe State and any local government). The action may seek any of the following:

(1)        Injunctive relief.

(2)        An order enforcing the law, rule, ordinance, order, orerosion and sedimentation control plan violated.

(3)        Damages caused by the violation.

(4)        Repealed by Session Laws 2002‑165, s. 2.15, effectiveOctober 23, 2002.

If the amount of actual damages as found by the court or jury in suitsbrought under this subsection is five thousand dollars ($5,000) or less, theplaintiff shall be awarded costs of litigation including reasonable attorneysfees and expert witness fees.

(b)        Civil actions under this section shall be brought in thesuperior court of the county in which the alleged violations occurred.

(c)        The court, in issuing any final order in any action broughtpursuant to this section may award costs of litigation (including reasonableattorney and expert‑witness fees) to any party, whenever it determinesthat such an award is appropriate. The court may, if a temporary restrainingorder or preliminary injunction is sought, require, the filing of a bond orequivalent security, the amount of such bond or security to be determined bythe court.

(d)        Nothing in this section shall restrict any right which anyperson (or class of persons) may have under any statute or common law to seekinjunctive or other relief. (1973, c. 392, s.17; 1987 (Reg. Sess., 1988), c. 1000, s. 6; 2002‑165, s. 2.15.)