(a) Any person injured by a violation of this Article or any ordinance, rule, or order duly adopted by the Secretary or a local government, or by the initiation or continuation of a land-disturbing activity for which an erosion and sedimentation control plan is required other than in accordance with the terms, conditions, and provisions of an approved plan, may bring a civil action against the person alleged to be in violation (including the State and any local government). The action may seek any of the following:
(1) Injunctive relief.
(2) An order enforcing the law, rule, ordinance, order, or erosion and sedimentation control plan violated.
(3) Damages caused by the violation.
(4) Repealed by Session Laws 2002-165, s. 2.15, effective October 23, 2002.
If the amount of actual damages as found by the court or jury in suits brought under this subsection is five thousand dollars ($5,000) or less, the plaintiff shall be awarded costs of litigation including reasonable attorneys fees and expert witness fees.
(b) Civil actions under this section shall be brought in the superior court of the county in which the alleged violations occurred.
(c) The court, in issuing any final order in any action brought pursuant to this section may award costs of litigation (including reasonable attorney and expert-witness fees) to any party, whenever it determines that such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require, the filing of a bond or equivalent security, the amount of such bond or security to be determined by the court.
(d) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek injunctive or other relief. (1973, c. 392, s. 17; 1987 (Reg. Sess., 1988), c. 1000, s. 6; 2002-165, s. 2.15.)
Notes of Decisions
Applewood Props., LLC v. New South Props., LLC, 742 S.E.2d 776 (N.C. 2013).
· cites it 72× “We hold that before an injured person can have standing to bring a civil action pursuant to section 113A-66 of the SPCA, the defendant must have been cited for a violation of a law, rule, ordinance, order, or erosion and sedimentation control plan.”
Whiteside Estates, Inc. v. Highlands Cove, L.L.C., 553 S.E.2d 431 (N.C. Ct. App. 2001).
· cites it 12× “or by the initiation or continuation of a land-disturbing activity for which an erosion control plan is required other than *460 in accordance with the terms, conditions, and provisions of an approved plan, may bring a civil action [seeking damages] against the person alleged to…”
Holly Ridge Assocs., LLC v. North Carolina Dep't of Env't & Nat. Resources, 648 S.E.2d 830 (N.C. 2007).
· cites it 9× “While intervenors’ allegations of injury could be an appropriate basis for Shellfish Growers and Coastal Federation to participate in the proceedings as amici curiae to argue the reasons they believe Holly Ridge is not exempt from the SPCA or to file a private claim under the…”
Applewood Props., LLC v. New South Props., LLC, 725 S.E.2d 360 (N.C. Ct. App. 2012).
· cites it 28× “According to N.C. Gen.Stat. § 113A-66(a): Any person injured by a violation of this Article or any ordinance, rule, or order duly adopted by the Secretary or a local government, or by the initiation or continuation of a land-disturbing activity for which an erosion and…”
Huberth v. Holly, 462 S.E.2d 239 (N.C. Ct. App. 1995).
· cites it 6× “” N.C.G.S. § 113A-66(a) (1994). To be recoverable, the damages sought by the plaintiffs must be “caused by the violation.”
State ex rel. Lee v. Williams, 284 S.E.2d 572 (N.C. Ct. App. 1981).
“113A-64(a)(2), and for the imposition of an order enforcing compliance with the Act and an injunction, G.S. 113A-66. The action is a civil action, not one for review of a final agency decision.”
Abdin v. CCC-Boone, LLC, 797 S.E.2d 307 (N.C. Ct. App. 2017).
· cites it 2× “See , N.C. Gen. Stat. § 113A-66 (2015) ("Any person injured by a violation of [the Sedimentation Act] .”
N.C. Gen. Stat. § 113A-66(a): 5 cases
Applewood Props., LLC v. New South Props., LLC, 742 S.E.2d 776 (N.C. 2013).
“We hold that before an injured person can have standing to bring a civil action pursuant to section 113A-66 of the SPCA, the defendant must have been cited for a violation of a law, rule, ordinance, order, or erosion and sedimentation control plan.”
Applewood Props., LLC v. New South Props., LLC, 725 S.E.2d 360 (N.C. Ct. App. 2012).
“According to N.C. Gen.Stat. § 113A-66(a): Any person injured by a violation of this Article or any ordinance, rule, or order duly adopted by the Secretary or a local government, or by the initiation or continuation of a land-disturbing activity for which an erosion and…”
Whiteside Estates, Inc. v. Highlands Cove, L.L.C., 553 S.E.2d 431 (N.C. Ct. App. 2001).
“or by the initiation or continuation of a land-disturbing activity for which an erosion control plan is required other than *460 in accordance with the terms, conditions, and provisions of an approved plan, may bring a civil action [seeking damages] against the person alleged to…”
Huberth v. Holly, 462 S.E.2d 239 (N.C. Ct. App. 1995).
“” N.C.G.S. § 113A-66(a) (1994). To be recoverable, the damages sought by the plaintiffs must be “caused by the violation.”
Abdin v. CCC-Boone, LLC, 797 S.E.2d 307 (N.C. Ct. App. 2017).
“See , N.C. Gen. Stat. § 113A-66 (2015) ("Any person injured by a violation of [the Sedimentation Act] .”
N.C. Gen. Stat. § 113A-66(a)(2): 1 case
Applewood Props., LLC v. New South Props., LLC, 742 S.E.2d 776 (N.C. 2013).
“We hold that before an injured person can have standing to bring a civil action pursuant to section 113A-66 of the SPCA, the defendant must have been cited for a violation of a law, rule, ordinance, order, or erosion and sedimentation control plan.”
N.C. Gen. Stat. § 113A-66(a)(3): 1 case
Huberth v. Holly, 462 S.E.2d 239 (N.C. Ct. App. 1995).
“” N.C.G.S. § 113A-66(a) (1994). To be recoverable, the damages sought by the plaintiffs must be “caused by the violation.”
N.C. Gen. Stat. § 113A-66(a)(4): 1 case
Whiteside Estates, Inc. v. Highlands Cove, L.L.C., 553 S.E.2d 431 (N.C. Ct. App. 2001).
“or by the initiation or continuation of a land-disturbing activity for which an erosion control plan is required other than *460 in accordance with the terms, conditions, and provisions of an approved plan, may bring a civil action [seeking damages] against the person alleged to…”
N.C. Gen. Stat. § 113A-66(c): 1 case
Whiteside Estates, Inc. v. Highlands Cove, L.L.C., 553 S.E.2d 431 (N.C. Ct. App. 2001).
“or by the initiation or continuation of a land-disturbing activity for which an erosion control plan is required other than *460 in accordance with the terms, conditions, and provisions of an approved plan, may bring a civil action [seeking damages] against the person alleged to…”
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