205A-43.6 Enforcement of shoreline setbacks. (a) The department or an agency designated by department rules shall enforce this part and rules adopted pursuant to this part. Any structure or activity prohibited by section 205A-44, that has not received a variance pursuant to this part or complied with conditions on a variance, shall be removed or corrected. No other state or county permit or approval shall be construed as a variance pursuant to this part.

(b) Where the shoreline is affected by an artificial structure that has not been authorized with government agency permits required by law, if any part of the structure is on private property, then for purposes of enforcement of this part, the structure shall be construed to be entirely within the shoreline area.

(c) The authority of the board of land and natural resources to determine the shoreline and enforce rules established under chapter 183C shall not be diminished by an artificial structure in violation of this part. [L 1989, c 356, pt of 1; gen ch 1993; am L 1995, c 11, 13 and c 69, 13]


Case Notes


Because the agency or department is given exclusive power to enforce setbacks, plaintiffs, a company that owned a lot in a luxury subdivision and the managers of the company, were not the appropriate party to bring an action against defendants for an alleged violation of a setback. 338 F. Supp. 2d 1106 (2004).



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