46-1654. Application approval; issuance; public hearing; notice to Chief Water Officer; when.
271 words·~1 min read·
/ne/chapter-46/46-1654A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Approval of applications for which approval under sections 46-233 to 46-242 is not required shall be issued within ninety days after receipt of the completed application plus any extensions of time required to resolve matters diligently pursued by the applicant. At the discretion of the Chief Water Officer, one or more public hearings may be held on an application.
(2)Approval of applications under the Safety of Dams and Reservoirs Act, for which approval under sections 46-233 to 46-242 is required, shall not be issued until all pending matters before the Chief Water Officer under the Safety of Dams and Reservoirs Act or such sections have been resolved and approved.
(3)Application approval shall be granted with terms, conditions, and limitations necessary to safeguard life and property.
(4)If actual construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of the dam is not commenced within the time established by the Chief Water Officer, the application approval becomes void, except that the Chief Water Officer may, upon written application and for good cause shown, extend the time for commencing construction, reconstruction, enlargement, alteration, breach, removal, or abandonment. If approval under sections 46-233 to 46-242 is also required, the Chief Water Officer may not extend the time for commencing construction without following the procedures and granting a similar extension under subsection
(2)of section 46-238 .
(5)Written notice shall be provided to the Chief Water Officer at least ten days before construction, reconstruction, enlargement, alteration, breach, removal, or abandonment is to begin and such other notices shall be given to the Chief Water Officer as the Chief Water Officer may require.