§ 61-38-06 — General permits (Contingent effective date - See note)

1. In carrying out the functions relating to the discharge of dredged or fill material, the
department of water resources, after notice and opportunity for public hearing, may
issue general permits on a state or regional basis for any category of activities
involving discharges of dredged or fill material if the department determines the
activities in the category are similar in nature, will cause only minimal adverse
environmental effects when performed separately, and will have only minimal
accumulative adverse effects on the environment. Any general permit issued under
this section must set forth the requirements and standards applicable to any activity
authorized by the general permit. General permits must be issued pursuant to rules
adopted by the department which are consistent with federal law.
2. A general permit may be revoked or modified by the department of water resources,
after opportunity for public hearing, if the department determines the activities
authorized by the general permit have an adverse impact on the environment or are
authorized more appropriately by individual permits.
3. The department of water resources may require an individual permit for any proposed
activity under a general permit where the nature or location of the activity makes an
individual permit more appropriate.