310 PERMITTING PROCESS
75-7-111.
Notice of project. (1) A person planning to engage in a project shall present written
notice of the proposed project to the supervisors before any portion of the
project takes place.
(2) The notice must include the location, general
description, and preliminary plan of the project.
(3) At the time of filing a notice of the
proposed project under subsection (1), the applicant may sign an arbitration
agreement as provided in 75-7-117.
(4) The district may authorize a representative
to accept notices of proposed projects.
History: En. 26-1513
by Sec. 4, Ch. 463, L. 1975; R.C.M. 1947, 26-1513; amd.
Sec. 3, Ch. 426, L. 1995; amd.
Sec. 1,
75-7-112.
Procedure for considering projects -- team. (1) Upon acceptance of a notice of a proposed project, the
district or the district's authorized representative shall, within 10 working
days, notify the department of the project. If at any time during the review
process the supervisors determine that provisions of this part do not apply to
a notice of the proposed project, the applicant may proceed upon written notice
of the supervisors. The department shall, within 5 working days of receipt of
the notification, inform the supervisors whether the department requests an
onsite inspection by a team.
(2) The supervisors shall call a team together within 20 days of receipt of
the request of the department for an onsite inspection. A member of the
team shall notify the supervisors in writing, within 5 working days after
notice of the call for an inspection, of the team member's waiver of
participation in the inspection. If the department does not request an onsite
inspection within the time specified in this subsection, the supervisors may
deny, approve, or modify the project.
(3) Each member of the team shall recommend in
writing, within 30 days of the date of inspection, denial, approval, or
modification of the project to the supervisors. The applicant may waive
participation in this recommendation.
(4) The supervisors shall review the proposed project and affirm, overrule,
or modify the individual team recommendations and notify the applicant and team
members, within 60 days of the date of application, of their decision.
(5) (a) When a member of the team, other than an
applicant that has not agreed to arbitration, disagrees with the supervisors'
decision, the team member shall request, within 5 working days of receipt of
the supervisors' decision, that an arbitration panel as provided in 75-7-114 be
appointed to hear the dispute and make a final written decision regarding the
dispute.
(b) When an applicant that has not agreed to
arbitration under 75-7-111
disagrees with the supervisors' decision, the applicant shall, within 15
working days of receipt of the supervisors' decision:
(i) agree to
arbitration under this section and request that an arbitration panel, as
provided for in 75-7-114, be
appointed to hear the dispute and make a final written decision regarding the
dispute; or
(ii) appeal the decision of the supervisors to
the district court for the county where the project is located.
(6) Upon written consent of the supervisors, the applicant shall notify the
supervisors in writing within 15 days if the applicant wishes to proceed with
the project in accordance with the supervisors' decision. Work may not be
commenced on a project before the end of the 15-day waiting period unless
written permission is given by all team members and the district.
(7) The supervisors may extend, upon the request
of a team member, the time limits provided in subsections (3) and (4) when, in
their determination, the time provided is not sufficient to carry out the
purposes of this part. The time extension may not, in total, exceed 1 year from
the date of application. The applicant must be notified, within 60 days of the
date of application, of the initial time extension and must be notified
immediately of any subsequent time extensions.
(8) Work on a project under this part may not
take place without the written consent of the supervisors.
(9) The team, in making its recommendation, and
the supervisors, in denying, approving, or modifying a project, shall
determine:
(a) the purpose of the project; and
(b) whether the proposed project is a reasonable
means of accomplishing the purpose of the proposed project. To determine if the
project is reasonable, the following must be considered:
(i) the effects on soil
erosion and sedimentation, considering the methods available to complete the
project and the nature and economics of the various alternatives;
(ii) whether there are modifications or
alternative solutions that are reasonably practical that would reduce the
disturbance to the stream and its environment and better accomplish the purpose
of the proposed project;
(iii) whether the proposed project will create
harmful flooding or erosion problems upstream or downstream;
(iv) the effects on stream channel alteration;
(v) the effects on streamflow,
turbidity, and water quality caused by materials used or by removal of ground
cover; and
(vi) the effect on fish and aquatic habitat.
(10) If the supervisors determine that a proposed
project or part of a proposed project should be modified, they may condition
their approval upon the modification.
(11) The supervisors may not approve or modify a
proposed project unless the supervisors determine that the purpose of the
proposed project will be accomplished by reasonable means.
History: En. 26-1514
by Sec. 5, Ch. 463, L. 1975; amd. Sec. 1, Ch. 140, L. 1977; R.C.M. 1947, 26-1514; amd.
Sec. 4, Ch. 426, L. 1995; amd.
Sec. 2,