Chapter 429

2004 -- S 2975

Enacted 07/07/04

A N A C T

RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIONS

Introduced By: Senator V. Susan Sosnowski

Date Introduced: March 17, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 2-1-23 of the General Laws in Chapter 2-1 entitled "Agricultural

Functions of Department of Environmental Management" is hereby amended to read as follows:

2-1-23. Violations. -- In the event of a violation of section 2-1-21, the director of

environmental management has the power to order complete restoration of the fresh water

wetland area involved by the person or agent responsible for the violation. If the responsible

person or agent does not complete the restoration within a reasonable time following the order of

the director of the department of environmental management, the director has the authority to

order the work done by an agent of the director's choosing and the person or agent responsible

for the original violation is liable for the cost of the restoration. The violator is liable for a fine

not exceeding one five thousand dollars ($1,000) ($5,000) for each violation. , except that if the

violator knowingly or recklessly alters a fresh water wetland area without a permit or approval

from the director, knowingly or recklessly alters a fresh water wetland area in violation of the

rules or regulations promulgated by the director, or alters a fresh water wetland area in violation

of a permit issued by the director, then the violator is liable for a fine not exceeding ten thousand

dollars ($10,000) for each violation.

     SECTION 2. This act shall take effect upon passage.

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LC01382

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