Unpermitted encroachment -- department action

60-6-104 . Unpermitted encroachment -- department action. Except as provided in 60-6-106 , if an encroachment permit provided for in 60-6-101 has not been granted and the person erecting or maintaining the encroachment fails to remove it after receiving notice pursuant to 60-6-102 , the department shall commence appropriate legal action to have the encroachment removed. If the department recovers a judgment, it shall have its costs. If the encroachment is not removed within 5 days after entry of judgment, the department may remove it at the expense of the person who causes, owns, or controls it.