§ 69-1-117 — Impairing or obstructing navigability of watercourses - Permits

(a) Without a permit issued by the department of environment and conservation, no person shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of impairing or obstructing the navigability of any river, lake, stream or watercourse located within the state. The navigability of any river, lake, stream or watercourse shall be limited to those adjudicated and held to be navigable in the technical or legal sense pursuant to this part. Further, any river, lake, stream or watercourse subject to the Rivers and Harbors Act ( 33 U.S.C. § 401 et seq.), shall be exempt from the permit requirements of this section. (b) Consistent with state common law and statutory law on navigability, the commissioner of environment and conservation shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish and implement the permitting system required by subsection (a). Such rules shall establish procedures for obtaining such permits and shall delineate the circumstances, conditions, and limitations under which such permits may be issued. No permit shall be issued for any activity, practice, or project that would violate state common law or statutory law on the navigability of rivers, lakes, streams, and watercourses. (c) The department shall investigate each reported, suspected, or observed violation of subsection (a), as well as each reported, suspected, or observed violation of state navigability law. Whenever a violation is found to exist, the department shall undertake appropriate administrative and legal measures to cause the violation to cease. (d) A violation of subsection (a) is a Class A misdemeanor. A violation that continues into a successive day is regarded as a separate offense.

Legislative History

Acts 1986, ch. 818, § 1; 1989, ch. 591, § 1; 1992, ch. 693, § 1.