§ 15-0511 — Alterations to watercourses and lakes; inspection and correction; illegal impounding of waters

§ 15-0511. Alterations to watercourses and lakes; inspection and\n correction; illegal impounding of waters.\n 1. Whenever in the judgment of the commissioner, public safety\nrequires, or an illegal excavation, fill, or dam exists in or on the\nwaters of the state, the commissioner may cause an investigation to be\nmade of the nature of the hazard or violation and its probable effect on\nthe health, safety and welfare of the people of the state, and the\neffect on the environment and natural resources including forests, soil,\nwater, fish and wildlife.\n 2. In addition to any other power set forth in this chapter,\nincluding the power to issue an order pursuant to section 71-0301 of\nthis chapter, the commissioner shall have the power, after hearing on\ndue notice, to issue an order, setting forth the findings of fact and\nconclusions therefrom, directing any person or local public corporation,\nwho hereafter makes or allows to be made or is making an illegal or\nunsafe excavation or fill, or who constructs an illegal dam, to conduct\nstudies, investigations, and analyses necessary to evaluate the safety\nof the structure, including but not limited to visual inspections,\nmeasurements, foundation exploration and testing, materials testing,\nhydraulic and hydrologic analyses, structural stability analysis and\nseepage investigations and to remove, replace or correct the dam or\nexcavated or filled materials, within such reasonable time and in such\nmanner as shall be specified in said order, and it shall be the duty of\nevery such person or local public corporation to obey, observe and\ncomply with such order and with the conditions therein prescribed. The\nprovisions of title 9 of this article with respect to administrative\nprocedures shall be applicable to hearings under this section.\n 3. It shall be unlawful for any person or local public corporation to\nfail, omit or neglect to comply with such order within a reasonable time\nas designated by the commissioner.\n 4. Upon the violation of any such order, the commissioner, or a duly\nappointed representative, shall have power to enter upon the lands and\nwaters where such illegal or unsafe disturbances are located for the\npurpose of removing, replacing or correcting the same and to take such\nother and further precautions which the commissioner may deem necessary\nto safeguard life or property or protect the environment of the state\nagainst danger occasioned by the presence of the illegal or unsafe\nexcavation, fill or dams. In removing or replacing such structures or\nother properties so affected the commissioner shall not deviate from the\nmethod, manner and specifications contained in the original order.\n 5. The commissioner shall certify the amount of the costs and expenses\nincurred by the department and any state departments for the removal or\nreplacing aforesaid in anywise connected therewith to the county\nlegislative body of the county or counties in which the said lands and\nwaters are located, whereupon it shall be the duty of such county\nlegislative body of each county to add the amount so certified to the\nassessment rolls of such locality or localities as a charge against the\nreal property upon which the excavation, fill or dam is located,\ndesignated or described by the commissioner as chargeable therewith, and\nto issue its warrant or warrants for the collection thereof. Thereupon\nit shall become the duty of such locality or localities through their\nproper officers to collect the amount so certified in the same manner as\nother taxes are collected in such locality or localities and when\ncollected to pay the same to the department which shall thereupon pay\nthe same into the State Treasury. Any amount so levied shall thereupon\nbecome and be a lien upon the real property affected thereby to the same\nextent as any tax levy becomes and is a lien thereon. The department\nmay also assert other rights of recovery as may exist by law for such\ncosts and expenses incurred.\n