(1) Permits shall be granted or denied by the permit issuing authority on the basis of whether the proposed new construction, substantial improvement, or alteration of an artificial obstruction meets the requirements of the Act and the minimum standards established by the board in these rules.

(2) Additional factors that shall be considered for every permit application are:

(a) the danger to life and property from backwater or diverted flow caused by the obstruction;

(b) the danger that the obstruction will be swept downstream to the injury of others;

(c) the availability of alternative locations;

(d) the construction or alteration of the obstruction in such manner as to lessen the danger;

(e) the permanence of the obstruction;

(f) The anticipated development in the foreseeable future of the area which may be affected by the obstruction; and,

(g) such other factors as are in harmony with the purposes of the Act and these rules.

(3) A permit application is considered to have been automatically granted 60 days after receipt of the application, unless the permit issuing authority notifies the applicant before the 60th day that additional information is required, more time is required to process the application, or that the permit is denied.

History: Sec. 76-5-208, MCA; IMP, Sec. 76-5-405 and 76-5-406, MCA; NEW, Eff. 9/4/74; AMD, 1988 MAR p. 1537, Eff. 7/15/89; AMD, 1989 MAR p. 1665, Eff. 10/27/89.