Section 15-0511. Alterations to watercourses and lakes; inspection and correction; illegal impounding of waters

1. Whenever  in  the  judgment  of  the  commissioner,  public  safety
  requires,  or  an  illegal  excavation, fill, or dam exists in or on the
  waters of the state, the commissioner may cause an investigation  to  be
  made of the nature of the hazard or violation and its probable effect on
  the  health,  safety  and  welfare  of  the people of the state, and the
  effect on the environment and natural resources including forests, soil,
  water, fish and wildlife.
    2.   In addition to  any  other  power  set  forth  in  this  chapter,
  including  the  power  to  issue an order pursuant to section 71-0301 of
  this chapter, the commissioner shall have the power,  after  hearing  on
  due  notice,  to  issue an order, setting forth the findings of fact and
  conclusions therefrom, directing any person or local public corporation,
  who hereafter makes or allows to be made or  is  making  an  illegal  or
  unsafe  excavation or fill, or who constructs an illegal dam, to conduct
  studies, investigations, and analyses necessary to evaluate  the  safety
  of  the  structure,  including  but  not  limited to visual inspections,
  measurements, foundation exploration  and  testing,  materials  testing,
  hydraulic  and  hydrologic  analyses,  structural stability analysis and
  seepage investigations and to remove, replace  or  correct  the  dam  or
  excavated  or  filled materials, within such reasonable time and in such
  manner as shall be specified in said order, and it shall be the duty  of
  every  such  person  or  local  public  corporation to obey, observe and
  comply with such order and with the conditions therein prescribed.   The
  provisions  of  title  9  of this article with respect to administrative
  procedures shall be applicable to hearings under this section.
    3. It shall be unlawful for any person or local public corporation  to
  fail, omit or neglect to comply with such order within a reasonable time
  as designated by the commissioner.
    4.  Upon  the violation of any such order, the commissioner, or a duly
  appointed representative, shall have power to enter upon the  lands  and
  waters  where  such  illegal  or unsafe disturbances are located for the
  purpose of removing, replacing or correcting the same and to  take  such
  other  and further precautions which the commissioner may deem necessary
  to safeguard life or property or protect the environment  of  the  state
  against  danger  occasioned  by  the  presence  of the illegal or unsafe
  excavation, fill or dams. In removing or replacing  such  structures  or
  other properties so affected the commissioner shall not deviate from the
  method, manner and specifications contained in the original order.
    5. The commissioner shall certify the amount of the costs and expenses
  incurred  by the department and any state departments for the removal or
  replacing  aforesaid  in  anywise  connected  therewith  to  the  county
  legislative  body  of the county or counties in which the said lands and
  waters are located, whereupon it  shall  be  the  duty  of  such  county
  legislative  body  of  each county to add the amount so certified to the
  assessment rolls of such locality or localities as a charge against  the
  real  property  upon  which  the  excavation,  fill  or  dam is located,
  designated or described by the commissioner as chargeable therewith, and
  to issue its warrant or warrants for the collection  thereof.  Thereupon
  it  shall  become  the duty of such locality or localities through their
  proper officers to collect the amount so certified in the same manner as
  other taxes are collected  in  such  locality  or  localities  and  when
  collected  to  pay  the same to the department which shall thereupon pay
  the same into the State Treasury.  Any amount so levied shall  thereupon
  become and be a lien upon the real property affected thereby to the same
  extent  as  any  tax levy becomes and is a lien thereon.  The department

  may also assert other rights of recovery as may exist by  law  for  such
  costs and expenses incurred.