(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) Class A civil offense.
(1) It is a Class A civil offense to violate any provision of Title 3 in the critical area.
(2) It is a Class A civil offense to violate any provision of Title 4 in the critical area.
(3) Except as otherwise provided by this section, it is a Class A civil offense to violate any provision of Article 17, Title 8.
(4) It is a Class A civil offense to clear trees of significant size, as defined in § 17-1-101 of this Code, in violation of any provision of Title 3.
(5) The following factors shall be considered in determining the amount of any fine assessed under this section:
(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) Class B civil offense. It is a Class B civil offense to violate any provision of Title 4 of this article outside the critical area.
(d) Class C civil offense. It is a Class C civil offense to violate any other provision of this article.
(Bill No. 58-10; Bill No. 93-12; Bill No. 80-21)