Section 7. Department oversight of municipal compliance.
(a) The department shall review and approve all municipal bluff setback ordinances and regulations, and amendments thereto. The department shall approve the ordinances and regulations if it determines that they comply with the minimum requirements of this act. If the department disapproves an ordinance or regulation, it shall notify the affected municipality in writing, stating the reasons for disapproval.
(b) If the department fails to either approve or disapprove an ordinance or regulation, or amendment thereto, within 90 days following submission by the municipality to the department, the ordinance or regulation shall be deemed to be approved.
(c) The department shall periodically review the implementation and administration by municipalities of bluff setback ordinances and regulations in order to assure coordinated and consistent enforcement of the setback requirements established pursuant to this act.
(d) Following public notice and public hearing, the Environmental Quality Board shall adopt, and periodically review and amend, regulations establishing:
(1) Criteria and standards for the coordinated and consistent enforcement of bluff setback requirements by municipalities.
(2) Requirements and procedures for the submission, review and approval of municipal bluff setback ordinances and regulations.
(3) Requirements and procedures for maintenance of records concerning municipal implementation and administration of bluff setback ordinances and regulations, and for periodic submission of such records or reports to the department for review.
(e) Where conditions affecting a bluff recession hazard area are changed, including changes created by artificial erosion and recession control projects, the Environmental Quality Board shall review and as appropriate amend regulations under this section.
Compiler's Note: Section 502(c) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Environmental Quality Board shall have the powers and duties currently vested in it, except as vested in the Department of Conservation and Natural Resources by Act 18 of 1995, which powers and duties include those set forth in section 7.