Chapter 318 of the Acts of 1945, as amended, Sections 17 and 19, require the Natural Resources Commission approval of any construction in a floodway, and of any works for flood control. This includes bridges, dams, levees, dikes, floodwalls, wharves, piers, dolphins, booms, weirs, bulkheads, jetties, groins, excavations, fills or deposits of any kind, utility lines, or any other building, structure, or obstruction.

Also, any ditch work (new construction, deepening or modification) within one-half mile of a public freshwater lake of 10 acres or more in area.

The approval of the Natural Resources Commission, in writing, must be obtained before beginning construction. Applications for approval should be submitted to:

All applications should be made on the standard application form provided by Natural Resources Commission and should be accompanied by plans, profiles, specifications, and other data necessary for the Commission to determine the effect of the proposed construction upon the floodway and on flood control in the state.

Application made to and approval granted by Natural Resources Commission does not in any way relieve the owner of the necessity of securing easements or other property rights, and permits and/or approvals from affected property owners and local, State, and Federal agencies.

The engineering staff of the Division of Water is available to discuss and offer suggestions regarding requirements in the design of structures in floodways. High water marks have been set on many of the streams in the state, and information is available from the Division of Water on actual and/or potential flooding. Information regarding bench marks set to Mean Sea Level Datum, General Adjustment of 1929, is available from the Division of Water, Surveying and Mapping Section.

Applications are considered by Natural Resources Commission at regular meetings usually held each month. After application and plans have been approved by the Commission, a certificate of approval is forwarded to the applicant.

A fee of $50.00 is charged by the Commission for approvals under the Flood Control Act. Unless stated otherwise in the approval, construction is considered to be a permanent development, and no renewals of the approval are necessary, except in the cases where temporary approvals are granted for temporary construction. The right is reserved to require additional data where necessary. [Ord. 12-1-97C § 7.]