322.1007 - Performance of work below high water mark of navigable river: Application and fees for permit; conditions under which permit not required.
322.1007 Performance of work below high water mark of navigable river: Application and fees for permit; conditions under which permit not required.
1. If an emergency causes an immediate threat to life, health or property, a person may perform work below the high water mark of a navigable river to the extent necessary to protect life, health or property without first submitting an application to or securing a permit from the State Land Registrar. If reasonably practicable, before proceeding with any such work, the person shall notify the State Land Registrar of the emergency by telephone or other means. Upon completion of the work, the person initiating the work shall file an application with the State Land Registrar as required for the work completed.
2. Neither an application to nor a permit from the State Land Registrar is required for work performed below the high water mark of a navigable river which constitutes routine maintenance or minor repairs, or both, of an:
(a) Irrigation diversion structure; or
(b) Outfall structure that is regulated by an individual permit issued pursuant to NRS 445A.300 to 445A.730, inclusive,
Ê if the irrigation diversion structure or outfall structure is not altered beyond the existing permitted size, configuration and location and the river bed is not disturbed.
3. Except as otherwise provided in subsections 1 and 4, a person must file an application with the State Land Registrar and pay any required application fee but is not required to secure a permit from the State Land Registrar to perform work below the high water mark of a navigable river for the following types of projects:
(a) Clearance of vegetation that restricts the capacity of the channel or the flow of water of a navigable river, or both;
(b) Clearance of debris or temporary obstructions that restrict the capacity of the channel or the flow of water of a navigable river, or both; or
(c) Bank stabilization or restoration, where all materials used are appropriate natural materials as determined by the State Land Registrar.
4. Unless otherwise notified by the State Land Registrar, the person may proceed pursuant to subsection 3 with any such work 14 days after a completed application and any required fees are submitted to the State Land Registrar.
5. Work authorized by subsections 2 and 3:
(a) Must be performed in accordance with best management practices to protect water quality; and
(b) Must not significantly disturb or alter the river bed or banks or the flow of water or alter the capacity of the channel.
6. Except as otherwise provided by subsections 1, 2 and 3, a person must secure a permit from the State Land Registrar before proceeding with any work below the high water mark of a navigable river, including, but not limited to:
(a) Dredging or filling;
(b) Bank stabilization or restoration, where all materials used are not appropriate natural materials as determined by the State Land Registrar;
(c) Channel clearance; or
(d) Construction of irrigation diversions.
7. The State Land Registrar shall process the application for a permit required by subsection 6 and issue the permit or notify the applicant that the application has been denied, within 60 days after the receipt of a completed application and any required application fee. This period may be extended by mutual agreement between the State Land Registrar and the applicant.
8. Unless the period for acting upon the application is extended by mutual agreement pursuant to subsection 7, a completed application, which was properly submitted pursuant to subsection 7 with any required fees, that is not acted upon by the State Land Registrar within 60 days after receipt shall be deemed approved and the work requested may proceed upon payment by the applicant of any required fee for the permit.
9. All state agencies which have jurisdiction within a navigable river shall cooperate with the State Land Registrar in compiling information needed to process a permit pursuant to subsection 7 and shall provide a timely response to a request from the State Land Registrar for information or assistance.
10. Compliance with the provisions of this section does not relieve an applicant from the duty to comply with the provisions of NRS 455.080 to 455.180, inclusive, and any other applicable requirements of other state, local, regional or federal entities.
11. As used in this section, “high water mark” means the mean high water line to which high water ordinarily reaches, not including floodwaters.
(Added to NRS by 1997, 1260)