Sec. 90-81. - General.

It shall be unlawful, unless expressly exempted, to construct, alter, operate, maintain, or abandon any dam, impoundment, reservoir, appurtenant work or works in the county without first obtaining a permit as required by this article. The board of county commissioners and its agents have the authority to enter upon private property during respectable hours to inspect surface waterworks. The board of county commissioners has authority to make repairs, if the owner fails to do so within a reasonable time, and cause the cost to become a lien upon the property and collected as taxes.

(Ord. No. 74-50, § 1(3.01))

Sec. 90-82. - Permits for construction or alteration required; application.

(a)

Unless expressly exempted by law, it shall be unlawful for any person:

(1)

To construct or alter any dam, impoundment, reservoir or appurtenant works thereof where such impoundment is located on a surface watercourse or relies on a surface watercourse for its supply or such impoundment is greater than 320 acres in area, without a permit from the board of county commissioners.

(2)

To construct or alter any works, as defined hereinabove, within the county without first obtaining a permit from the board of county commissioners if the county by rule or regulation so requires.

(b)

Application for a permit under this section shall contain the following information:

(1)

Names and addresses of the applicant, the person to construct the work, the owner of the land upon which the construction is to be made and a legal description of such land.

(2)

Location and general purpose of the work with plans and specifications. When required by the county such plans and specifications shall be prepared and certified by a professional engineer registered by the state.

(3)

Other related information the board of county commissioners requires.

(c)

The board of county commissioners may impose reasonable conditions as necessary to assure that the construction or alteration will not be harmful to water resources.

(Ord. No. 74-50, § 1(3.03))

Sec. 90-83. - Notice and hearing requirements.

(a)

Within 30 days after receipt of an application for a permit, if the impounded or diverted waters will exceed 640 acres in the area, the board of county commissioners shall cause notice thereof to be published and a hearing shall be held prior to final action by the board of county commissioners on the application.

(b)

If no substantial objection is received, the board of county commissioners may without a hearing approve an application for a permit if the impounded or diverted waters will not exceed 640 acres in area.

(Ord. No. 74-50, § 1(3.04))

Sec. 90-84. - Completion report.

Within 30 days after the completion of construction or alteration of any dam, impoundment, reservoir, appurtenant work or works for which a permit is granted by the board of county commissioners, the permittee shall file with the county engineer, a written statement of completion.

(Ord. No. 74-50, § 1(3.05))

Sec. 90-85. - Permits for operation or maintenance required; application; conditions; transfer.

(a)

It shall be unlawful for any person to operate or maintain any works, dam, impoundment, reservoir or appurtenant works if located on a surface watercourse or dependent on a surface watercourse for water supply or if comprising an area greater than 320 acres without first obtaining a permit in accordance with this section unless expressly exempted.

(b)

Applications for an operation or maintenance permit shall be filed with the county engineer.

(c)

The board of county commissioners may include permit conditions necessary to assure that the operation or maintenance is consistent with county and state laws and policies concerning water resources.

(d)

A permit may be transferred to a grantee of a dam, impoundment, reservoir, appurtenant work, or works or the land on which the same is located, if the use remains the same and the person granted the permit notifies the board of county commissioners of the change of ownership within 30 days after the transfer.

(Ord. No. 74-50, § 1(3.07))

Sec. 90-86. - Abandonment; permit required; application; conditions.

(a)

It shall be unlawful for any person to abandon any dam, impoundment, reservoir, or appurtenant work located on a surface watercourse or dependent upon a surface watercourse for water supply or if comprising an area greater than 320 acres without first obtaining a permit in accordance with this section unless expressly exempted.

(b)

Applications for an abandonment permit shall be filed with the county engineers.

(c)

The board of county commissioners may include permit conditions necessary to assure that the abandonment is consistent with county and state laws and policies concerning water resources.

(d)

If the board of county commissioners determines that a dam, impoundment, reservoir, appurtenant work or works is not used or maintained under the authority of the owner for a period of three years or more, it shall be presumed that the owner has abandoned and dedicated the facility to the public.

(e)

This section shall not apply to a permitted dam, impoundment, reservoir, appurtenant work or works owned or directly controlled by the state.

(Ord. No. 74-50, § 1(3.09))

Sec. 90-87. - Revocation and modification of permits.

(a)

The board of county commissioners may revoke or modify a permit after a hearing if the board of county commissioners determines that a dam, impoundment, reservoir, appurtenant work or works is a danger to the public health, safety, welfare or utility or if its operation is inconsistent with county or state laws and policies concerning water resources.

(b)

Prior to revocation or modification the board of county commissioners shall produce written notice by registered or certified mail to parties it determines to be directly affected, with a statement of the reasons the permit may be revoked or modified. A directly affected party may file a written petition for a hearing no later than ten days after the notice is served.

(c)

If the county administrator determines that the danger to the public is imminent, he may order a temporary suspension of the construction, alteration or operation of the works until the hearing is concluded.

(Ord. No. 74-50, § 1(3.10))

Secs. 90-88—90-100. - Reserved.