Title 2, Natural Resources
53 chapters · 855 sections in this title.
2 CMC § 1501 Short Title
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Short Title. This chapter may be cited as the Coastal Resources Management Act of 1983. Source: PL 3-47, § 1. Commission Comment: PL 3-47 took effect February 11, 1983. PL 3-47, § 14 vacated Executive Order 15, which had taken effect February 1, 1980. See also 1 CMC §§ 2081 and 2…
2 CMC § 1511 Coastal Resources Management Policy
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Coastal Resources Management Policy. (a) It is the coastal resources management policy of the Commonwealth to: (1) Encourage land use master planning, flood plain management, and the development of zoning and building code legislation; (2) Promote, through a program of public edu…
2 CMC § 1512 Coastal Resources Management Office: Powers, Functions and Duties
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Coastal Resources Management Office: Powers, Functions and Duties. The Coastal Resources Management Office has the following powers, functions and duties: (a) To coordinate the planning and implementation of the coastal resources management policies by the Commonwealth government…
2 CMC § 1513 Coastal Resources Management Program: Territorial Jurisdiction
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Coastal Resources Management Program: Territorial Jurisdiction. The areas subject to the jurisdiction of the coastal resources management program shall extend seaward to the extent of the territorial waters of the Commonwealth and shall further extend to all land areas of the Com…
2 CMC § 1521 Coastal Advisory Council
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Coastal Advisory Council. (a) There is in the Commonwealth government a Coastal Advisory Council, composed of the mayors of Rota, Tinian, Saipan, and the Northern Islands; the Special Assistant for Carolinian Affairs; the Chairman of the Marianas Public Land Corporation; the Exec…
2 CMC § 1522 Coastal Advisory Council: Functions
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Coastal Advisory Council: Functions. The Coastal Advisory Council has the following functions: (a) To adopt internal procedures to govern its meetings, provided that the council shall have no regulatory authority of its own; (b) To advise the Coastal Resources Management Office o…
2 CMC § 1531 Coastal Resources Management: Regulatory Powers
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Coastal Resources Management: Regulatory Powers. (a) The following agencies are designated as coastal resources management agencies: (1) The Department of Natural Resources; (2) The Department of Commerce and Labor; (3) The Department of Public Works; (4) The Division of Environm…
2 CMC § 1532 Coastal Resource Management: Permit Process
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Coastal Resource Management: Permit Process. (a) Within 60 days from the receipt of any request for review, the coastal resources management regulatory agencies shall review all applications for coastal permits and prepare a joint written decision to grant, deny or condition each…
2 CMC § 1541 Coastal Resources Management: Appeals Board
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Coastal Resources Management: Appeals Board. (a) An appeals board is established consisting of three persons with interest and knowledge related to coastal resources management and appointed by the Governor with the advice and consent of the Senate. The term of office is three ye…
2 CMC § 1542 Coastal Resources Management: Private Actions
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Coastal Resources Management: Private Actions. Any interested person may initiate an action in the Commonwealth Trial Court to compel the performance of the duties specifically imposed by this chapter upon the Coastal Resources Management Office or any coastal resources managemen…
2 CMC § 1543 Coastal Resources Management: Penalties
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Coastal Resources Management: Penalties. (a) Any person who materially violates any provision of this chapter or any regulations or any order issued hereunder, is subject to a civil fine not to exceed $10,000 per day for each day the violation occurs. (b) In addition to the other…
2 CMC § 3511 Short Title
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Short Title. This chapter may be cited as the Commonwealth Solid Waste Management Act of 1989. Source: PL 6-30, § 1. Commission Comment: PL 6-30 took effect May 23, 1989. PL 9-43, the “Emergency Puerto Rico Dumpsite Closure Act of 1994,” took effect June 30, 1995. According to PL…
2 CMC § 3512 Statement of Policy
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Statement of Policy. It is declared to be the public policy of the Commonwealth of the Northern Mariana Islands and the purpose of this chapter to provide for collection, disposal, and management systems for solid waste that will protect the health, safety, and welfare of the pub…
2 CMC § 3513 Definitions
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Definitions. (a) “Chief” shall mean the Chief of the Division of Environmental Quality, Department of Public Health and Environmental Services. (b) “Collection” shall mean the act of removing solid waste from a storage container at the source of generation or at a transfer statio…
2 CMC § 3514 Department of Public Works: Powers and Responsibilities
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Department of Public Works: Powers and Responsibilities. (a) The Department of Public Works shall be the responsible agency empowered to: (1) Collect at transfer stations and dispose of solid waste in the Commonwealth as provided in this chapter; (2) Establish rules and regulatio…
2 CMC § 3515 Department of Public Health and Environmental Services: Powers and Responsibilities
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Department of Public Health and Environmental Services: Powers and Responsibilities. (a) The Chief of the Division of Environmental Quality shall be empowered to: (1) Issue nontransferable permits both for the collection and for the disposal of solid waste consistent with the pro…
2 CMC § 3516 Site Selection Criteria: Utilization Standards
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Site Selection Criteria: Utilization Standards. Site selection for and utilization of solid waste management facilities shall be consistent with public health and welfare requirements and all applicable environmental quality standards. Site selection criteria and standards for ut…
2 CMC § 3517 Recycling
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Recycling. (a) At any collection point or disposal site the permittee, or in the case of transfer stations or other solid waste management facilities operated by the Department of Public Works, the director shall provide for the segregation from other solid wastes and from each o…
2 CMC § 3518 Prohibited Activities
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Prohibited Activities. It is unlawful for any person to: (a) Violate any provision of this chapter or any rule or regulation established by authority of this chapter; (b) Own, operate, or use debris staging areas for disposal of solid waste without an emergency permit issued purs…
2 CMC § 3519 Penalties
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Penalties. (a) The chief may issue any order to enforce the provisions of this chapter. The order may require the person to do any of the following: (1) To cease and desist from the violation; (2) To take mitigating measures to correct the violation; (3) To pay a civil fine of no…
2 CMC § 3520 Deposits
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Deposits. All tipping fees or other solid waste disposal or collection fees collected by the Division of Solid Waste Management shall be deposited into the Solid Waste Revolving Fund. Source: PL 6-30, § 10; amended by PL 11-103, § 9; repealed and reenacted by PL 13-42, § 4. Commi…
2 CMC § 3521 Conformity to N.M.I. Const. art. VI, § 3(b)
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Conformity to N.M.I. Const. art. VI, § 3(b). Nothing in this chapter shall prevent a mayor from carrying out the responsibilities and duties of the mayor under N.M.I. Const. art. VI, § 3(b). Source: PL 6-30, § 11.
2 CMC § 3531 Definitions
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Definitions. For the purpose of this chapter: (a) The term “advance disposal fee” means fees assessed at the point of entry to the Commonwealth which are intended to cover a portion of the costs of the management of specific materials which end up in the waste stream. (b) The ter…
2 CMC § 3532 Advance Disposal Fees
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Advance Disposal Fees. There is hereby established within the Department of Public Works (DPW), the authority to develop Advance Disposal Fees (ADFs) for specific materials deemed viable for diversion. Those items taxed under 4 CMC § 1405 shall be exempt from any advance disposal…
2 CMC § 3533 Promulgation of Regulations
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Promulgation of Regulations. The Department of Public Works (DPW) shall promulgate rules and regulations establishing a specific Advance Disposal Fee program for each material. In developing these regulations and procedures, it is the legislature’s intent that, whenever possible,…
2 CMC § 3534 Funding of Diversion Activities
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Funding of Diversion Activities. (a) There is hereby created within the Commonwealth Treasury an Environmental Management Fund. All funds collected through the imposition of Advance Disposal Fees shall be deposited in this fund, specifically established for the diversion of the s…
2 CMC § 3535 Inspection of Records and Premises
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Inspection of Records and Premises. The DEQ and/or DPW or their agents shall have the authority to inspect the records of any business or individual that may be engaged in the import of materials covered by this chapter, and to promulgate regulations concerning record keeping. So…
2 CMC § 3536 Enforcement, Remedies, and Penalties
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Enforcement, Remedies, and Penalties. The enforcement provisions of 1 CMC §§ 3131 et seq., as amended by PL 11103 and any future amendments shall apply to any violation under this chapter. Source: PL 11-122, § 8, modified. Commission Comment: PL 11-103 cross-referenced in this se…
2 CMC § 3551 The Establishment of the Solid Waste Management Revolving Fund
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The Establishment of the Solid Waste Management Revolving Fund. (a) There is hereby established within the Commonwealth Treasury a Solid Waste Management Revolving Fund which shall be accounted for separately from the General Fund. (b) All monies received from direct appropriatio…
2 CMC § 3561 Kagman and Southern Solid Waste Transfer Stations
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Kagman and Southern Solid Waste Transfer Stations. In addition to the Department of Public Works powers and duties enumerated under 2 CMC § 3514, the Secretary of the Department of Public Works (Secretary) shall: (a) Conduct a feasibility study relating and pertaining to the desi…
2 CMC § 3562 Transfer Stations Location and Property Conveyance
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Transfer Stations Location and Property Conveyance. (a) In collaboration with the Secretary of the Department of Public Lands, the Secretary shall identify the sites suitable to build the solid waste transfer station in Kagman and the southern part of Saipan. (b) Upon the identif…
2 CMC § 3563 Timeline
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Timeline. (a) The feasibility study described under 2 CMC § 3561(a) shall be completed within 180 days after this Act becomes law. (b) The identification, selection, and conveyance of the public lands for the sites of the transfer stations shall be executed within 60 days after t…
2 CMC § 4511 Purpose of Chapter
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Purpose of Chapter. The purpose of this chapter is to establish a system of mortgage law in the Commonwealth which will induce lenders to make secured commercial and residential loans, while at the same time insuring that residents of the Commonwealth who execute mortgages will h…
2 CMC § 4512 Effect of Enactment of This Chapter
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Effect of Enactment of This Chapter. In the event of conflict between the provisions of this chapter and those of any other law, the provisions of this chapter shall control insofar as they concern the rights and obligations arising from, the formalities necessary for, and the pr…
2 CMC § 4513 Definitions
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Definitions. As used in this chapter, unless it is otherwise provided or the context requires a different construction, application, or meaning: (a) “Default” means a failure of an obligor to perform an act he or she is bound to perform. (b) “Encumbrance” means a nonfee interest …
2 CMC § 4514 Right to Possession
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Right to Possession. The mortgagee is not entitled to possession of mortgaged property unless the mortgage expressly grants a right of possession. However, after the execution of the mortgage, the mortgagor may agree to deliver possession to the mortgagee without additional consi…
2 CMC § 4515 Security Not to be Impaired
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Security Not to be Impaired. No mortgagor shall do any act which will impair the mortgagee’s security without the express written permission of the mortgagee. Source: DL 4-143, § 5.
2 CMC § 4516 Property Mortgageable
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Property Mortgageable. Any property may be mortgaged, including homesteaded property for which a deed of conveyance has been issued pursuant to 2 CMC § 4308 and properly recorded. The exemption set forth in 7 CMC § 4210(c) relating to land and interests in land does not apply to …
2 CMC § 4517 Heirs and Devisees take Subject to Mortgage
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Heirs and Devisees take Subject to Mortgage. Whenever real property which is subject to a mortgage passes by succession or devise, the successor or devisee is not entitled to have the decedent’s personal representative satisfy the mortgage out of the decedent’s estate unless ther…
2 CMC § 4518 Transfers Made as Security Deemed Mortgages
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Transfers Made as Security Deemed Mortgages. Every transfer of an interest in property, made only as a security for the performance of another act, and every transfer or conveyance of any property by deed of trust or otherwise, executed and delivered to secure performance of anot…
2 CMC § 4519 Necessity of Writing; Translations
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Necessity of Writing; Translations. A mortgage shall be created, amended, renewed, or extended only by a writing in English. All mortgage instruments shall contain a clause conspicuously located, notifying the mortgagor: (a) That the mortgagor is entitled at his or her cost to a …
2 CMC § 4520 Void Instruments or Agreements
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Void Instruments or Agreements. (a) Any instrument affecting an estate in real property, including any charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrances thereon is hereby declared to be voi…
2 CMC § 4521 Acknowledgement of Mortgage
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Acknowledgment of Mortgage. (a) All mortgages, amendments, renewals, and extensions of mortgages shall be acknowledged or proven, as provided by this chapter, and recorded with the Commonwealth Recorder’s Office. (b) For purposes of this chapter, the proof or acknowledgment of an…
2 CMC § 4522 Requisites for Recording
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Requisites for Recording. No mortgage may be received for recordation unless it is executed in accordance with the requirements of 2 CMC §§ 4519 and 4521 and contains: (a) Post office addresses of the mortgagor and mortgagee; (b) The description of the real property affected; (c)…
2 CMC § 4523 Effect of Failure to Record
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Effect of Failure to Record. In the event of failure to properly record a mortgage, the provisions of 1 CMC § 3711 shall apply. Source: DL 4-143, § 11.
2 CMC § 4524 Service of Notice; Designated Personal Representative
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Service of Notice; Designated Personal Representative. (a) All notices required by this chapter must be in writing and, notwithstanding any other provision of this section, are sufficient if received by the mortgagor. The mortgagor shall designate in the mortgage instrument, the …
2 CMC § 4525 Assignments, Subordinations and Waivers; Recordation
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Assignments, Subordinations and Waivers; Recordation. (a) Nothing in this chapter shall preclude the assignment, subordination, or waiver of a mortgage. (b) The recordation of any assignment, subordination, or waiver shall operate as constructive notice to all persons from the da…
2 CMC § 4526 Record of Assignment Not Notice to Mortgagor; Form of Notice to Mortgagor
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Record of Assignment Not Notice To Mortgagor; Form of Notice to Mortgagor. (a) When a mortgage is executed as security for money due or to become due on a promissory note, bond, or other instrument, the recordation of the assignment of the mortgage is not of itself sufficient not…
2 CMC § 4527 Assignment of Debt Carries Security
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Assignment of Debt Carries Security. The assignment of a debt secured by a mortgage carries with it the mortgage unless the assignment provides to the contrary. Source: DL 4-143, § 16.
2 CMC § 4528 Certificate of Discharge Required
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Certificate of Discharge Required. When any mortgage has been satisfied, the mortgagee must execute, acknowledge and deliver to the mortgagor a certificate of the discharge thereof, so as to entitle the certificate to be recorded. Any mortgagee who, after demand by the mortgagor,…