36.15.216 PERMITS - CRITERIA - TIME LIMITS
(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
construction or alteration of the obstruction in such manner as to lessen the
(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,
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.