61-16.1-38. Permit to construct or modify dam, dike, or other device required - Penalty - Emergency

61-16.1-38. Permit to construct or modify dam, dike, or other device required - Penalty - Emergency. Dikes, dams, or other devices for water conservation, flood control regulation, watershed improvement, or water storage must be constructed in accordance with this chapter. A permit is required from the department for the construction of a low-hazard dam or other device capable of retaining, obstructing, or diverting more than fifty acre-feet [61674.08 cubic meters] of water; a medium-hazard or high-hazard dam capable of retaining, obstructing, or diverting more than twenty-five acre-feet [30837.04 cubic meters] of water; an agricultural dike capable of protecting more than eighty acres [32.37 hectares] of land area; or any dike capable of protecting an occupied residence or structure or public infrastructure. A permit application for the construction of any dike, dam, or other device, along with complete plans and specifications, must be submitted to the department of water resources. Except for low-hazard dams less than ten feet [3.05 meters] in height, agricultural dikes, or a farmstead ring dike, the plans and specifications must be completed by a professional engineer. The professional engineer must be registered in this state. The department shall consider the application in such detail as the department deems necessary and proper. The department shall refuse to allow the construction of any unsafe or improper dike, dam, or other device that would interfere with the orderly control of the water resources of the district, or may order changes, conditions, or modifications as in the department's judgment may be necessary for safety or the protection of property. Within forty-five days after application receipt, except in unique or complex situations, the department shall complete the initial review of the application and forward the application, along with any changes, conditions, or modifications, to the water resource board of the district within which the contemplated project is located. The board shall consider the application within forty-five days, and suggest any changes, conditions, or modifications to the department. If the board approves the application, the board shall forward the approved application to the department. If the board fails to respond within forty-five days, the board will be deemed to have no changes, conditions, or modifications to make. The department shall make the final decision on the application and forward that decision to the applicant and the local water resource board. The department may issue temporary permits for dikes, dams, or other devices in cases of an emergency. Any person constructing a dam, dike, or other device without first securing a necessary permit, as required by this section, is liable for all damages proximately caused by the dam, dike, or other device, and is guilty of a class B misdemeanor.