(a) Generally. A violation of any provision of this article is a civil offense, punishable by a civil fine as provided by § 9-2-101 of this Code.
(b) Critical area violations.
(1) Soil and erosion control violations in the critical area. It is a Class A civil offense to violate any provision of Title 3 in the critical area.
(2) Stormwater management violations in the critical area. It is a Class A civil offense to violate any provision of Title 4 in the critical area.
(3) Other critical area violations. Except as otherwise provided by this section, it is a Class A civil offense to violate any provision of Article 17, Title 8.
(4) Factors in assessing fines. The following factors shall be considered in determining the amount of any fine assessed under this section for violations in the critical area:
(i) the gravity of the violation;
(ii) any willfulness or negligence involved in the violation;
(iii) the environmental impact of the violation; and
(iv) the cost of restoration and mitigation, including any cost incurred by the State or County.
(c) Stormwater violations outside the critical area. It is a Class B civil offense to violate any provision of Title 4 of this article outside the critical area.
(d) Other violations. It is a Class C civil offense to violate any other provision of this article.
(Bill No. 58-10; Bill No. 93-12)
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