45-413. Hearing on designation of subsequent
active management areas and boundaries; notice; procedures
A. If the director proposes to designate a subsequent active management area
pursuant to section 45-412, subsection A, the director shall hold a public hearing to
consider:
1. Whether to issue an order declaring the area an active management area.
2. The boundaries and any sub-basins of the proposed active management area.
B. The director shall give reasonable notice of the hearing under the circumstances
which shall include publication once each week for two consecutive weeks in a newspaper
of general circulation in each county in which the proposed active management area is
located. Any notice shall contain the time and place of the hearing, the legal
description and a map clearly identifying and describing all lands to be included in the
proposed active management area and any sub-basins and any other information the director
deems necessary.
C. The hearing shall be held at a location within the proposed active management
area as soon as practicable but no less than thirty days and no more than sixty days
after the first publication of the notice of hearing. At the hearing, the director shall
present the factual data in his possession in support of the proposed action. Any person
may appear at the hearing, either in person or by representative, and submit oral or
documentary evidence for or against the proposed action. In making his determination,
the director shall give full consideration to public comment and to recommendations made
by local political subdivisions.
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