State ex rel. Rhodes v. Gaskill

PHILLIPS, Judge.

The State brought this action pursuant to G.S. T13-229 and G.S. 113A-126 to compel defendant to comply with the permit procedures of those statutes in connection with the construction of a duck pond upon his property, which the State alleges has destroyed approximately 6,580 square feet of “coastal wetlands” as defined in G.S. 113-230(a). Defendant never applied for a permit to undertake any development of his property and in his answer *640denies that his property is subject to the permit requirements mandated by statute as not being within the definition of coastal wetlands, on…