(A) The department may delegate any or all components of stormwater management and sediment control programs to a local government or conservation district pursuant to regulations promulgated by the department.
(B) Requests for delegation of program elements must be submitted within six months of the promulgation of the applicable state regulation, and by January first of subsequent years if delegation is desired at a future date. The department shall approve, approve with modification, or deny such a request on or before April first of the year for which delegation is sought.
(C) Delegation, once applied for, becomes effective on July first and may not exceed three years, at which time delegation renewal is required.
(D) A local government may develop the program in cooperation with conservation districts.
(E) In the event a local government does not adopt and request approval of a stormwater management and sediment control program within its jurisdiction, the local conservation district may adopt a program in conjunction with subdivision regulations, if applicable, and submit it to the department for approval.
(F) The department has jurisdiction, to the exclusion of other implementing agencies, for the purpose of adopting the components of a sediment control and stormwater management program for land disturbing activities that are:
(1) conducted by the United States;
(2) conducted by persons having the power of eminent domain for land disturbing activities which cross jurisdictional boundaries;
(3) conducted by local governments.
HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1208.