51-4-9 - Nomination and designation as scenic stream.
§ 51-4-9. Nomination and designation as scenic stream.
(1) After the eligibility assessment of a stream is completed by the department, and the Legislature enacts legislation approving the eligibility, the stream may be nominated as provided in this section. The department, through the executive director, shall establish an advisory council for that stream. The advisory council must be appointed as early as possible to assist the work of the department. Each council must consist of members who represent a broad range of interest in the vicinity of the eligible stream and shall include, but not be limited to, at least one (1) member from the department, local government, agricultural interests, forestry interests, business interests, conservation interests, recreational interests and riparian landowners who shall constitute a majority of the council. The advisory council shall elect a chairman. The advisory council shall assist and advise the department concerning the nomination of the stream for the program.
(2) The department shall hold a public meeting in the vicinity of the eligible stream proposed for nomination to the State Scenic Streams Stewardship Program. This public meeting must be conducted before any action by the department to nominate the eligible stream for inclusion in the State Scenic Streams Stewardship Program. The purpose of this meeting is to receive public comments concerning the proposed nomination of the eligible stream. Notice of this meeting must be published at least thirty (30) days before the meeting in a newspaper having general circulation in each county containing or bordering the eligible stream under study and in a newspaper having general circulation in the state. The department shall notify, in writing, the landowners along the eligible stream. The department and the advisory council shall consider the public comments in its decision whether to nominate the stream.
(3) Following the public meeting and after consideration of the public comments, the department and the advisory council may nominate the eligible stream for designation as a scenic stream and inclusion in the program. In order for a stream to be listed as eligible for nomination to the State Scenic Streams Stewardship Program, the nomination must be filed as a bill and adopted by the Legislature. No stream shall be designated as a scenic stream and placed in the program until the Legislature has duly enacted legislation designating the stream as scenic and placing it in the State Scenic Streams Stewardship Program.
Sources: Laws, 1999, ch. 381, § 5, eff from and after July 1, 1999.