MARVIN MANDEL, Governor                        1031

15. Hearing on Application for Permit for Appropriation, Con-
struction, Etc.

(a)    Except as hereinafter provided, as soon as convenient after
the filing with the Department of any application, the Department
shall set a day for a public hearing upon the application for any of
the following permits: (1) appropriation or use of any waters of the
State; (2) construction or reconstruction of a reservoir, dam, or
waterway obstruction; (3) construction in a waterway; and (4)
dredging or filling or bulkheading or shore line changes.

The applicant shall give notice to the public of the application and
hearing, either in the manner prescribed by the Department, or by
publication once in each week for two successive weeks prior to the
hearing in a daily newspaper published in the city or cities, county
or counties, or in a weekly newspaper of general circulation in the
city or cities, county or counties, which the Department determines
may be directly affected by the proposed appropriation or use, or con-
struction, reconstruction, or repair. The county commissioners of
each such county, the mayor or chief executive officials of each such
city and the proper officials of any interested agency of the State, or
political subdivision thereof shall also be notified by the applicant
by registered or certified mail. In the public notice of the application,
the date, place, and time fixed by the Department for the public
hearing on the application shall be stated, at the public hearing, the
applicant and any other interested person shall be given an
opportunity to present facts, evidence, and arguments for or
against the granting of the application.

(b)    If a subdivision of the State, acting within its authority and
responsibility, holds, or is required to hold, public hearings on
matters subject to permit from the Department, the subdivision and
the Department may elect to hold a joint hearing, if interested
agencies and the public are notified that the hearing is also before the
Department, for the purpose of obtaining a permit from the Depart-
ment, and provided that at the public hearing, the applicant and any
other interested person shall be given an opportunity to present facts,
evidence, and arguments for or against the granting of the applica-
tion.

(c)    The Department may waive holding a public hearing on an
application for a permit from the Department, under the following
conditions:

(1)    In case of emergency, or the making of minor repairs, the
Department, upon written or oral application, may grant applica-
tions to repair any reservoir, dam, or waterway obstruction without
notice or hearing; but repairs necessary to save life or property
may be made without an application, but notice thereof shall be
given promptly to the Department.

(2)    Filling or bulkheading along a tidal shore line of private,
single family properties, if notice is given, in writing, with evidence
of being f