ADMINISTRATIVE CODE TITLE: 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER h: WATER RESOURCES PART 3710 FLOODPLAIN DEVELOPMENT REQUIREMENTS FOR STATE OWNED PROPERTIES SECTION 3710.45 SUSPENSION OF PERMIT
Section 3710.45 Suspension of Permit
a) The Department shall suspend a permit and no further construction or development may continue if any of the following occurs:
1) Any requirements of this Part have been violated or any development is not in compliance with all standards, laws, or rules of this State or of the United States.
2) The start of construction for work authorized by a permit issued under this Part, is not commenced within 180 days after its issuance or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. All permitted work shall be completed by the permit expiration date located on the permit or the permit shall expire.
b) Suspensions shall be rescinded by the Department upon the Department’s satisfaction that the permittee is in compliance with this Part.
c) The Department shall notify the permittee, in writing:
1) all violations of the requirements of this Part;
2) that the permit is suspended; and
3) what is needed to correct the violations.
d) The permittee shall have 90 days to provide the Department, in writing, proof that continued activity that is authorized under the permit is in compliance with this Part, and all measures that will be taken to correct any violations of this Part, including a timeline of completion of those corrections.
e) The Department may allow, in writing, continued construction or development while a permit is suspended, but only to the extent that the activity is to correct a violation of this Part.
f) Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this Part. |