(a) It is unlawful for any person, until the department's permit has been granted, to modify any protected stream or any part of the stream. A permit may not be issued unless the work proposed to be done under the permit:

Terms Used In West Virginia Code 22-13-7

  • Division: means the Department of Environmental Protection. See West Virginia Code 22-1-2
  • Free-flowing: means existing or flowing in natural condition without impoundment, by diversion, or flooding of the waterway. See West Virginia Code 22-13-3
  • Modify: means to impound, divert or flood a stream within the natural stream preservation system. See West Virginia Code 22-13-3
  • Permit: means a permit required by section seven of this article. See West Virginia Code 22-13-3
  • Protected stream: means any stream designated as such in section five of this article, but does not include tributaries or branches unless specifically designated or described in section five of this article. See West Virginia Code 22-13-3
  • Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-1-2
  • Stream: means a flowing body of water or a section or portion thereof, including rivers, streams, creeks, branches or small lakes. See West Virginia Code 22-13-3

(1) Will not materially alter or affect the free-flowing characteristics of a substantial part of a protected stream or streams;

(2) Is necessary to prevent an undue hardship; and

(3) Meets with the approval of the secretary.

(b) The Department of Transportation's Division of Highways is not required to obtain a permit under this section when it is repairing or replacing damaged bridges and that repair or replacement requires the construction of temporary flow diversions in the stream that will not permanently materially alter or affect the free-flowing characteristics of a substantial part of the steam, so long as boat passage remains available during the entire period of bridge repair or replacement.

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