Section 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.