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

permit.

1. Except as provided in subdivisions 4, 5, 6 and 7 of this section,
no person or public corporation shall change, modify or disturb the
course, channel or bed of any stream as defined in subdivision 2, or
remove any sand, gravel or other material from the bed or banks of such
a stream without a permit issued pursuant to subdivision 3 of this
section.

2. For the purposes of this section, stream shall mean that portion of
any fresh surface watercourse, except lakes or ponds having a surface
area greater than ten acres at mean low water level, for which the
department has adopted or may hereafter adopt pursuant to section
17-030l, any of the following classifications or standards:

AA and AA (T),

A and A (T),

B and B (T),

C (T)

Small ponds or lakes with a surface area at mean low water level of
ten acres or less, located in the course of a stream, shall be
considered a part of the stream and subject to regulation under this
section.

3. Permit.

a. Before granting a permit, a permit renewal or a permit modification
pursuant to this section, the department shall ascertain the probable
effect on the health, safety and welfare of the people of the state, and
the effect on the natural resources of the state, including soil,
forests, water, fish and aquatic resources therein, likely to result
from the proposed project or work.

b. In order to minimize the disturbance of a stream and in order to
prevent unreasonable erosion of soil, increased turbidity of the waters,
irregular variations in velocity, temperature and level of waters, the
loss of fish and aquatic wildlife and the destruction of natural habitat
thereof, and the danger of flood or pollution, the department shall
review the permit application or request for renewal or modification of
an existing permit and may approve the manner and the extent to which
the stream bed or channel may be changed, altered or modified and may
limit the quantity of sand, gravel or other material to be removed,
designate the location in the bed, channel or banks of the stream from
which the sand, gravel or other material may be removed, or it may deny
the permit or request.

c. The rules and regulations adopted by the department to implement
this section and the provisions of article 70 of this chapter and rules
and regulations adopted thereunder shall govern the processing of permit
applications, renewals, modifications, suspensions and revocations under
this section.

4. No permit under this section shall be required of any local public
corporation which has entered into a written memorandum of understanding
with the department establishing the plan of operation to be followed in
carrying out projects or work affecting water courses so as to afford
proper protection to the public beneficial uses of such water courses.

5. No permit under this section shall be required of any state
department or state public corporation. State departments and state
public corporations may enter into a written memorandum of understanding
with the department concerning projects or work of the type for which a
permit would be required under this section if the project or work were
undertaken by a person or local public corporation. The memorandum may
establish procedures for review by the department of the plans for such
projects or work and for written recommendations by the department with
respect thereto.

6. No permit under this section shall be required for emergency work
in a stream or on its banks which is immediately necessary to protect
the health, safety and well-being of any person or persons or to prevent
damage to personal or real property, provided that the department is
given written notification by registered mail or telegraph within
forty-eight hours after the commencement of the work and within
forty-eight hours following the completion of such work. Whenever
emergency work is performed as provided in this subdivision, it shall be
performed in a manner that will cause the least change, modification,
disturbance or damage to the course or bed of the stream and its banks.

7. No permit under this section shall be required for certain
agricultural activities of persons and corporations actively cultivating
land devoted to agriculture whether or not the same be along a stream or
watercourse as described in subdivision 2; providing that these
agricultural activities consist only of crossing and recrossing of such
streams or watercourses by livestock or by wheeled farm equipment
normally used for traditional agricultural purposes; or the use of such
stream or watercourse for withdrawal of water for irrigation where such
withdrawal does not require altering the bed, banks or course of the
stream in any manner.

8. The requirements of this section shall be in addition to those
specified in section 15-0505 of this title, provided however, that the
department may, by rule and regulation, provide that only one
application for a permit or request for renewal or modification of an
existing permit need be filed with the proposed project or work requires
a department permit under this section and section 15-0505 of this
title.