Section 15-0505. Protection of navigable waters; excavation or fill; permit

1.  No  person, local public corporation or interstate authority shall
  excavate or place fill below the mean high water level  in  any  of  the
  navigable  waters  of the state, or in marshes, estuaries, tidal marshes
  and wetlands that are adjacent to and contiguous at any point to any  of
  the  navigable  waters  of the state and that are inundated at mean high
  water level or tide, without a permit issued pursuant to  subdivision  3
  of  this  section. For the purposes of this section, fill shall include,
  but shall not be limited to, earth, clay,  silt,  sand,  gravel,  stone,
  rock,  shale,  concrete  (whole  or  fragmentary), ashes, cinders, slag,
  metal, or  any  other  similar  material  whether  or  not  enclosed  or
  contained by (1) crib work of wood, timber, logs, concrete or metal, (2)
  bulkheads and cofferdams of timber sheeting, bracing and piling or steel
  sheet  piling  or  steel H piling, separated or in combination.  Nothing
  contained in this section is intended to be, nor shall be  construed  to
  limit,  impair or affect the memorandum of understanding which any state
  department enters into with the Department of Environmental Conservation
  or the general powers and duties of  the  Department  of  Transportation
  relating to canals or the general powers and duties of the Department of
  Environmental Conservation relating to flood control.
    2.   A   permit  application  or  request  for  a  permit  renewal  or
  modification shall be made on forms provided by the department and shall
  consist of a description of the character and  extent  of  the  proposed
  project  or  work,  drawings,  plans  and  specifications  providing the
  location  and  details  of  the  proposed  project  or  work,  and  such
  additional information as the department may require.
    3. Before granting a permit, a permit renewal or a permit modification
  pursuant  to  this  section  the department shall ascertain the probable
  effect on the use of such waters for navigation, 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.
    4. The department shall review the permit application or  request  for
  renewal  or modification of an existing permit and may grant or deny the
  permit or request, or may grant the permit with such conditions as  will
  safeguard  life  or  property  against danger or destruction and as will
  make the navigable waters safe for use by the public.
    5. 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.
    6. The provisions of subdivisions 1, 2, 3 and 4 of this section  shall
  not apply to emergency work in waters described in subdivision 1 of this
  section 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 the work. Whenever such 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 environment.
    7. The requirements of this section shall  be  in  addition  to  those
  specified  in  section 15-0501 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 when the proposed project or work requires

  a department permit under this  section  and  section  15-0501  of  this
  title.