§ 48-3615 — Violation; classification; civil penalties; strict liability

A. It is unlawful for a person to engage in any development or to divert, retard or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without securing the written authorization required by section 48-3613. Where the watercourse is a delineated floodplain it is unlawful to engage in any development affecting the flow of waters without securing written authorization required by section 48-3613.

B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor.

C. A person who violates this chapter or rules adopted pursuant to this chapter may be assessed a civil penalty not to exceed the fine chargeable for a class 2 misdemeanor or, by agreement with the person in violation, a nonmonetary penalty that serves the purposes of the district. Each day the violation continues constitutes a separate violation.

D. A person who without written authorization from the board of directors damages or interferes with a facility that is owned, operated or otherwise under the jurisdiction of the district is strictly liable for both of the following:

1. Any actual damages to persons or property that is caused by the damage or interference.

2. Payment of costs to the district for remediating the damage or interference.