Title 61, Waters

(Contingent effective date - See note) 1. Except as otherwise provided by this chapter, no person may discharge dredged or fill material into waters of the state unless that person has a permit from the department of water resources. No person may discharge dredged or fill materi…

1. In carrying out the functions relating to the discharge of dredged or fill material, the department of water resources, after notice and opportunity for public hearing, may issue general permits on a state or regional basis for any category of activities involving discharges o…

The department of water resources may issue a temporary emergency permit for the discharge of dredged or fill material if unacceptable harm to life or severe loss of physical property is likely to occur before a permit could be issued or modified under procedures normally require…

Any person desiring to discharge dredged or fill material for which a permit is required shall file an application with the department of water resources. The application must be on a form prescribed by the department and must include information required by the department. The d…

1. Any proceeding to determine compliance with or violation of the provisions of this chapter or any rule, order, or condition in a permit issued pursuant to this chapter by the department of water resources must be conducted in accordance with chapter 28-32. 2. Any person claimi…

The department of water resources may assess or sue to recover civil penalties and seek criminal remedies as provided in this section. 1. The department may assess or recover civil penalties for discharges of dredged or fill material without a required permit or in violation of a…

In lieu of or in addition to the penalties authorized under section 61-38-10, the department of water resources may require restoration of areas in which dredged or fill material has been discharged illegally. If the department determines any person has discharged dredged or fill…