MARVIN MANDEL, Governor                                 1189

PROVISIONS TO MAKE, IF ANY, IN EACH PERMIT GRANTED TO
CONSTRUCT A DAM OR OTHER WATERWORK FOR PASSAGE OF
FISH.

REVISOR'S NOTE: This section presently appears as
Article 96A, section 16 of the Code. Use
of the word "shall" is intended to have a
mandatory connotation. The only other
changes made are in style.

8-808. COMPLIANCE WITH PERMIT AND RELATED RULES AND
REGULATIONS REQUIRED.

APPROPRIATION OR USE OF ANY WATERS OF THE STATE,
CONSTRUCTION OR BEGINNING CONSTRUCTION, MAKING OR
BEGINNING ANY CHANGE, ADDITION, RECONSTRUCTION, OR
REPAIR OF ANY RESERVOIR, DAM OR WATERWAY OBSTRUCTION,
ONLY SHALL BE IN CONFORMITY WITH ANY TERM, CONDITION,
REGULATION, OR RESTRICTION OF THE DEPARTMENT'S PERMIT,
OR WITH ANY RULE OR REGULATION THE DEPARTMENT
PRESCRIBES CONCERNING ANY CONSTRUCTION, CHANGS,
ADDITION, OR REPAIR.

REVISOR'S NOTE: This section is new language
derived from the next-to-last sentence of
Article 96A, section 16 of the Code. As
redrafted, the section does not speak in
terms of unlawfulness; but rather sets
forth a standard of conduct for permit
holders. The violation of this section is
covered by the penalty provision of this
subtitle which provides a penalty for the
failure to do any required act.

8-809. NOTICE TO REPAIR OR REMOVE RESERVOIR, DAM, OR
OBSTRUCTION.

UPON COMPLAINT OR ITS OWN INITIATIVE, THE
DEPARTMENT MAY INVESTIGATE OR EXAMINE ANY RESERVOIR,
DAM, OR WATERWAY OBSTRUCTION. IF THE DEPARTMENT
DETERMINES THE RESERVOIR, DAM, OR WATERWAY OBSTRUCTION
IS UNSAFE, NEEDS REPAIR, OR SHOULD BE REMOVED BECAUSE
IT IS UNSAFE AND NOT REPAIRABLE, THE DEPARTMENT SHALL
NOTIFY THE OWNER IN WRITING TO REPAIR OR REMOVE THE
OBJECT, AS THE SITUATION WARRANTS. THE REPAIR OR
REMOVAL WORK SHALL COMMENCE AND PROCEED TO COMPLETION
WITHIN A REASONABLE TIME AS PRESCRIBED IN THE
DEPARTMENT'S NOTICE.

REVISOR'S NOTE: This section presently appears as
Article 96A, section 17 of the Code. The