Current through Register Vol. 54, No.43, October 26, 2024
Section 85.43 - Department review of implementation and administration of municipal setback ordinance and regulations(a) The Department will review the implementation and administration of the municipal bluff setback ordinance and regulations at least once a year to assure coordinated and consistent enforcement of its bluff setback ordinance and regulations. The review will occur on a date and location mutually agreed upon by the representative of the Department and the appropriate municipal officials.(b) If the Department finds that a municipality has failed to implement and enforce in a consistent and effective manner the bluff setback ordinance and regulations required by the act and this chapter, then the municipality shall be subject to the sanctions provided in the act. The municipality will be deemed to have implemented and enforced in a consistent and effective manner the bluff setback ordinance and regulations when in any area designated as having a bluff recession hazard no person shall have constructed, installed, or engaged in a substantial improvement to any structure, or any utility facility in violation of the bluff setback requirements established under the act and this chapter.(c) When the Department finds that a municipality has failed to implement and enforce the bluff setback ordinance and regulations as required by subsection (b), the Department will, as it deems necessary, conduct additional reviews of the implementation and enforcement of the bluff setback ordinance and regulations of the municipality to ensure that the appropriate changes have been made which assure coordinated, consistent, and effective enforcement of the municipal ordinance and regulations.