A BILL TO BE ENTITLED
AN ACT to require the designer of a retaining wall or similar erosion control device having a structural foundation required to be installed under a state‑approved erosion and sedimentation control plan to certify that the device has been designed in accordance with applicable codes and specifications and will be installed according to the approved erosion and sedimentation control plan.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 113A‑54.1 is amended by adding a new subsection to read:
"(a2)	In order to obtain approval for an erosion and sedimentation control plan that includes a retaining wall or other similar device that requires a structural foundation, the applicant shall provide written certification from the designer of the device that assures the device has been designed in accordance with applicable codes and specifications enforced by the local government and that the device will be installed in accordance with the proposed erosion and sedimentation control plan. The Commission shall provide a copy of the erosion and sedimentation control plan approval that includes the written certification required by this subsection to the Chief Building Code Enforcement Officer of the local government responsible for inspection and approval of the device. This subsection shall only apply to applicants for erosion and sedimentation control plan approvals for land‑disturbing activity in jurisdictions that do not administer or enforce erosion and sedimentation control programs pursuant to G.S. 113A‑60."
SECTION 2.  This act becomes effective October 1, 2014, and applies to erosion and sedimentation control plans approved by the Commission on or after that date.