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Title

10

:
Conservation and Development






Chapter

043

:
DAMS











 

§

1083a. Agricultural dams

(a)

Notwithstanding the provisions of sections 1082, 1083, 1084, and 1086 of this

title, the owners of an agricultural enterprise who propose, as an integral and

exclusive part of the enterprise, to construct or alter any dam, pond or

impoundment or other structure requiring a permit under section 1083 shall

apply to the natural resources conservation district in which his land is

located. The natural resources conservation districts created under the

provisions of chapter 31 of this title shall be the state agency having

jurisdiction and shall review and approve the applications in the same manner

as would the department. The districts may request the assistance of the

department for any investigatory work necessary for a determination of public

good and for any review of plans and specifications as provided in section

1086.

(b) As used in

this section, "agricultural enterprise" means any farm, including

stock, dairy, poultry, forage crop and truck farms, plantations, ranches and

orchards, which does not fall within the definition of "activities not

engaged in for a profit" as defined in Section 183 of the Internal Revenue

Code and regulations relating thereto. The growing of timber does not in itself

constitute farming.

(c) Notwithstanding

the provisions of this section, jurisdiction shall revert to the department

when there is a change in use or when there is a change in ownership which

affects use. In those cases the department may, on its own motion, hold

meetings in order to determine the effect on the public good and public safety.

The department may issue an order modifying the terms and conditions of

approval.

(d) The natural

resources conservation districts may adopt any rules necessary to administer

this chapter. The districts shall adhere to the requirements of chapter 25 of

Title 3 in the adoption of those rules.

(e)

Notwithstanding the provisions of chapter 7 of Title 3, the attorney general

shall counsel the districts in any case where a suit has been instituted

against the districts for any decision made under the provisions of this

chapter. (Added 1975, No. 179 (Adj. Sess.), § 5; amended 1981, No. 242 (Adj.

Sess.), § 5.)