Section 12761 - Construction of new dams or other artificial obstructions1.Notice required. Prior to construction or prior to authorizing construction of a new dam or other obstruction in the inland waters, the owner, lessee or other person in control of the dam or other artificial obstruction shall provide written notice to the commissioner and the Commissioner of Marine Resources supplying information on construction plans, proposed location and date of construction of the dam or other artificial obstruction. [2011, c. 612, §2(AMD).]
2.Initiation of fishway proceedings. Within 30 days of receipt of the construction notice pursuant to subsection 1, the commissioner and the Commissioner of Marine Resources shall review the plans in order to determine whether fishway construction or alteration of proposed fishway construction plans may be required pursuant to the criteria set forth in section 12760, subsection 4. If the commissioners determine that the construction or alteration may be necessary, the commissioners shall initiate fishway proceedings and follow the procedures prescribed in section 12760. [2011, c. 612, §2(AMD).]
3.Unlawful building of dam. A person may not build any dam or other obstruction in any of the rivers, streams or brooks of this State without first filing written notice with the commissioner and the Commissioner of Marine Resources pursuant to subsection 1. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2003, c. 655, Pt. B, §305(NEW); 2003, c. 655, Pt. B, §422(AFF).]B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [2003, c. 655, Pt. B, §305(NEW); 2003, c. 655, Pt. B, §422(AFF).] [2011, c. 612, §2(AMD).]
Amended by 2012, c. 612,§ 2, eff. 8/30/2012.2003, c. 414, §A2 (NEW) . 2003, c. 414, §D7 (AFF) . 2003, c. 614, § 9 (AFF) . 2003, c. 655, §B305 (AMD) . 2003, c. 655, §B422 (AFF) .