§ 143B-294. Soil and Water Conservation Commission - creation; powers and duties; compliance inspections. - North Carolina Statutes

Part 7.  Soil and Water Conservation Commission.

§ 143B‑294.  Soil and Water ConservationCommission – creation; powers and duties; compliance inspections.

(a)        There is hereby created the Soil and Water ConservationCommission of the Department of Environment and Natural Resources with thepower and duty to adopt rules to be followed in the development andimplementation of a soil and water conservation program.

(1)        The Soil and Water Conservation Commission has all of thefollowing powers and duties:

a.         To approve petitions for soil conservation districts.

b.         To approve application for watershed plans.

c.         Such other duties as specified in Chapter 139.

d.         To conduct any inspections in accordance with subsection (b)of this section.

(2)        The Commission shall adopt rules consistent with theprovisions of this Chapter. All rules not inconsistent with the provisions ofthis Chapter heretofore adopted by the Soil and Water Conservation Committeeshall remain in full force and effect unless and until repealed or supersededby action of the Soil and Water Conservation Commission. All rules adopted bythe Commission shall be enforced by the Department of Environment and NaturalResources.

(b)        An employee or agent of the Soil and Water ConservationCommission or the Department of Environment and Natural Resources may enterproperty, with the consent of the owner or person having control over property,at reasonable times for the purposes of investigating compliance withCommission or Department programs when the investigation is reasonablynecessary to carry out the duties of the Commission. If the Commission orDepartment is unable to obtain the consent of the owner of the property, theCommission or Department may obtain an administrative search warrant pursuantto G.S. 15‑27.2.

(c)        (See Editor's note.) Anyperson who refuses entry or access to property by an employee or agent of theCommission or the Department or who willfully resists, delays, or obstructs anemployee or agent of the Commission or the Department while the employee oragent is in the process of carrying out official duties after the employee oragent has obtained the consent of the owner or person having control of theproperty or, if consent is not obtained, after the employee or agent hasobtained an administrative search warrant, shall be guilty of a Class 1misdemeanor. (1973, c. 1262, s.34; 1977, c. 771, s. 4; 1989, c. 727, s. 194; 1997‑173, s. 1; 1997‑443,s. 11A.119(a).)