Sec. 38.05.128. Obstructions to navigable water.

283 words·~1 min read·/ak/title-38/chapter-5/38-05-128·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person may not obstruct or interfere with the free passage or use by a person of any navigable water unless the obstruction or interference is

(1)authorized by law or regulation or by a permit issued by a state agency;

(2)exempt under 33 U.S.C. 1344(f) (Clean Water Act);

(3)caused by the normal operation of freight barging that is otherwise consistent with law; or

(4)authorized by the commissioner after reasonable public notice.

(b)An unauthorized obstruction or interference is a public nuisance and is subject to abatement. The cost of abatement shall be borne by the violator and is in addition to any penalty imposed by the court.

(c)This section may not be construed to affect or abridge valid existing rights.

(d)Free passage or use of any navigable water includes the right to use land below the ordinary high water mark to the extent reasonably necessary to use the navigable water consistent with the public trust.

(e)Free passage or use of any navigable water includes the right to enter adjacent land above the ordinary high water mark as necessary to portage around obstacles or obstructions to travel on the water, provided

(1)entry is made without injury or damage to the land;

(2)entry is made in the least obtrusive manner possible;

(3)there is no reasonable alternative available to avoid the use of the adjacent land above the ordinary high water mark; and

(4)the navigable water is reentered immediately below the obstacle or obstruction at the nearest point where it is safe to do so.

(f)A violation of

(a)of this section is a class B misdemeanor.