§42-269.
Penalties
A.
Civil Penalties
(1)
Civil Penalty for a Violation. Any person who violates any of the provisions of this subpart, or
rule or order adopted or issued pursuant to this subpart, or who initiates or continues a land-
disturbing activity for which an Erosion and Sedimentation Control Plan is required except in
accordance with the terms, conditions, and provisions of an approved Erosion and Sedimentation
Control Plan or Permit, is subject to a civil penalty. The maximum civil penalty amount that the
Soil Erosion and Sedimentation Control Administrator may assess per violation is 5,000 dollars. A
civil penalty may be assessed from the date of the violation. Each day of a continuing violation
shall constitute a separate violation.
(2)
Civil Penalty Assessment Factors. The Soil Erosion and Sedimentation Control Administrator
shall determine the amount of the civil penalty based upon the following factors:
a.
the degree and extent of harm caused by the violation,
b.
the cost of rectifying the damage,
c.
the amount of money the violator saved by noncompliance,
d.
whether the violation was committed willfully, and
e.
the prior record of the violator in complying or failing to comply with this subpart.
(3)
Notice of Civil Penalty Assessment. The Soil Erosion and Sedimentation Control Administrator
shall provide notice of the civil penalty amount and basis for assessment to the person assessed.
The notice of assessment shall be served by any means authorized under NCGS 1A-1, Rule 4, and
shall direct the violator to either pay the assessment or contest the assessment, within 30 days after
receipt of the notice of assessment, by written demand for a hearing. 
(4)
Hearing. A hearing on a civil penalty shall be conducted by the ZBA within 30 days after the date
of the written demand for the hearing.
(5)
Final Decision. The Board of Adjustment shall render its final decision on the civil penalty within
45 days of the receipt of the appeal.
(6)
Appeal of Final Decision. Appeal from the final decision of the Board of Adjustment shall be to
the Competent Court of Jurisdiction.
(7)
Collection. If payment is not received within 30 days after it is due, Henderson County may
institute a civil action to recover the amount of the assessment. The civil action may be brought in
the Superior Court of the county where the violation occurred, or the violator’s residence or where
the violator’s principal place of business is located. Such civil actions must be filed within three
(3) years of the date the assessment was due. An assessment that is not contested is due when the
violator is served with a notice of assessment. An assessment that is contested is due at the
conclusion of the administrative and judicial review of the assessment.
(8)
Credit of Civil Penalties. Civil penalties collected pursuant to this subpart shall be credited to the
Civil Penalty and Forfeiture Fund. 
B.
Criminal Penalties. Any person who knowingly or willfully violates any provision of this subpart, or rule or
order adopted or issued pursuant to this subpart, or who knowingly or willfully initiates or continues a
land-disturbing activity for which an Erosion and Sedimentation Control Plan is required except in
accordance with the terms, conditions, and provisions of an approved Erosion and Sedimentation Control
Plan, shall be guilty of a Class 2 misdemeanor which may included a fine not to exceed 5,000 dollars as
provided in NCGS §113A-64.