§ 15-0501 — Protection of certain streams; disturbances of stream beds; permit

§ 15-0501. Protection of certain streams; disturbances of stream beds;\n permit.\n 1. Except as provided in subdivisions 4, 5, 6 and 7 of this section,\nno person or public corporation shall change, modify or disturb the\ncourse, channel or bed of any stream as defined in subdivision 2, or\nremove any sand, gravel or other material from the bed or banks of such\na stream without a permit issued pursuant to subdivision 3 of this\nsection.\n 2. For the purposes of this section, stream shall mean that portion of\nany fresh surface watercourse, except lakes or ponds having a surface\narea greater than ten acres at mean low water level, for which the\ndepartment has adopted or may hereafter adopt pursuant to section\n17-030l, any of the following classifications or standards:\n AA and AA (T),\n A and A (T),\n B and B (T),\n C (T)\n Small ponds or lakes with a surface area at mean low water level of\nten acres or less, located in the course of a stream, shall be\nconsidered a part of the stream and subject to regulation under this\nsection.\n 3. Permit.\n a. Before granting a permit, a permit renewal or a permit modification\npursuant to this section, the department shall ascertain the probable\neffect on the health, safety and welfare of the people of the state, and\nthe effect on the natural resources of the state, including soil,\nforests, water, fish and aquatic resources therein, likely to result\nfrom the proposed project or work.\n b. In order to minimize the disturbance of a stream and in order to\nprevent unreasonable erosion of soil, increased turbidity of the waters,\nirregular variations in velocity, temperature and level of waters, the\nloss of fish and aquatic wildlife and the destruction of natural habitat\nthereof, and the danger of flood or pollution, the department shall\nreview the permit application or request for renewal or modification of\nan existing permit and may approve the manner and the extent to which\nthe stream bed or channel may be changed, altered or modified and may\nlimit the quantity of sand, gravel or other material to be removed,\ndesignate the location in the bed, channel or banks of the stream from\nwhich the sand, gravel or other material may be removed, or it may deny\nthe permit or request.\n c. The rules and regulations adopted by the department to implement\nthis section and the provisions of article 70 of this chapter and rules\nand regulations adopted thereunder shall govern the processing of permit\napplications, renewals, modifications, suspensions and revocations under\nthis section.\n 4. No permit under this section shall be required of any local public\ncorporation which has entered into a written memorandum of understanding\nwith the department establishing the plan of operation to be followed in\ncarrying out projects or work affecting water courses so as to afford\nproper protection to the public beneficial uses of such water courses.\n 5. No permit under this section shall be required of any state\ndepartment or state public corporation. State departments and state\npublic corporations may enter into a written memorandum of understanding\nwith the department concerning projects or work of the type for which a\npermit would be required under this section if the project or work were\nundertaken by a person or local public corporation. The memorandum may\nestablish procedures for review by the department of the plans for such\nprojects or work and for written recommendations by the department with\nrespect thereto.\n 6. No permit under this section shall be required for emergency work\nin a stream or on its banks which is immediately necessary to protect\nthe health, safety and well-being of any person or persons or to prevent\ndamage to personal or real property, provided that the department is\ngiven written notification by registered mail or telegraph within\nforty-eight hours after the commencement of the work and within\nforty-eight hours following the completion of such work. Whenever\nemergency work is performed as provided in this subdivision, it shall be\nperformed in a manner that will cause the least change, modification,\ndisturbance or damage to the course or bed of the stream and its banks.\n 7. No permit under this section shall be required for certain\nagricultural activities of persons and corporations actively cultivating\nland devoted to agriculture whether or not the same be along a stream or\nwatercourse as described in subdivision 2; providing that these\nagricultural activities consist only of crossing and recrossing of such\nstreams or watercourses by livestock or by wheeled farm equipment\nnormally used for traditional agricultural purposes; or the use of such\nstream or watercourse for withdrawal of water for irrigation where such\nwithdrawal does not require altering the bed, banks or course of the\nstream in any manner.\n 8. The requirements of this section shall be in addition to those\nspecified in section 15-0505 of this title, provided however, that the\ndepartment may, by rule and regulation, provide that only one\napplication for a permit or request for renewal or modification of an\nexisting permit need be filed with the proposed project or work requires\na department permit under this section and section 15-0505 of this\ntitle.\n