Nebraska Statutes 46-1654. Application approval; issuance; publichearing; notice to department; when
(1) Approval of applications for which approval under sections 46-233 to 46-242 is not required shall be issued within ninety days after receipt of the completed application plus any extensions of time required to resolve matters diligently pursued by the applicant. At the discretion of the department, one or more public hearings may be held on an application.
Terms Used In Nebraska Statutes 46-1654
- Abandonment: means the process of rendering a dam incapable of impounding by (1) dewatering and filling the reservoir created by such dam with solid materials and (2) creating a stable watercourse around the site. See Nebraska Statutes 46-1603
- Application approval: means authorization in writing issued by the department to an owner who has applied to the department for permission to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam and which specifies the conditions or limitations under which work is to be performed by the owner or under which approval is granted. See Nebraska Statutes 46-1606
- Breach: means partial removal of a dam creating a channel through the dam to the natural bed elevation of the stream. See Nebraska Statutes 46-1609
- Dam: means any artificial barrier, including appurtenant works, with the ability to impound water, wastewater, or liquid-borne materials and which (a) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse, to the maximum storage elevation or (b) has an impounding capacity at maximum storage elevation of fifty acre-feet or more, except that any barrier described in this subsection which is not in excess of six feet in height or which has an impounding capacity at maximum storage elevation of not greater than fifteen acre-feet shall be exempt, unless such barrier, due to its location or other physical characteristics, is classified as a high hazard potential dam. See Nebraska Statutes 46-1611
- Department: means the Department of Natural Resources. See Nebraska Statutes 46-1613
- Enlargement: means any change in or addition to an existing dam which raises or may raise the normal storage elevation of the water impounded by the dam. See Nebraska Statutes 46-1617
- Reconstruction: means partial or complete removal and replacement of an existing dam. See Nebraska Statutes 46-1629
- Removal: means complete elimination of the dam embankment or structure to restore the approximate original topographic contours of the site. See Nebraska Statutes 46-1630
(2) Approval of applications under the Safety of Dams and Reservoirs Act, for which approval under sections 46-233 to 46-242 is required, shall not be issued until all pending matters before the department under the Safety of Dams and Reservoirs Act or such sections have been resolved and approved.
(3) Application approval shall be granted with terms, conditions, and limitations necessary to safeguard life and property.
(4) If actual construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of the dam is not commenced within the time established by the department, the application approval becomes void, except that the department may, upon written application and for good cause shown, extend the time for commencing construction, reconstruction, enlargement, alteration, breach, removal, or abandonment. If approval under sections 46-233 to 46-242 is also required, the department may not extend the time for commencing construction without following the procedures and granting a similar extension under subsection (2) of section 46-238.
(5) Written notice shall be provided to the department at least ten days before construction, reconstruction, enlargement, alteration, breach, removal, or abandonment is to begin and such other notices shall be given to the department as it may require.