[§179D-22]  Entry upon property.  (a)  The
department shall have the right to direct and conduct investigations as it may
reasonably deem necessary to carry out its duties as prescribed in this part.  For
this purpose, the agents or employees of the department or any authorized
representatives may enter at reasonable times, without prior notice, any
property, public or private, for the purpose of investigating the condition,
construction, or operation of any dam, reservoir, or other artificial barrier
dealt with in this chapter; provided that if an emergency situation arises as
determined by the department, the agents or employees of the department, or any
authorized representatives shall have the right to enter without prior notice,
any property, public or private, for the purpose of investigating the
condition, construction, or operation of any dam, reservoir, or other
artificial barrier subject to this chapter, and to take any remedial actions,
without a search warrant or liability for trespass.



(b)  It shall be unlawful for any person to
refuse entry or access to any authorized representative of the department who
requests entry for purposes of inspection and who presents appropriate
credentials.  It shall also be unlawful to obstruct, hamper, or interfere with
any representative while in the process of carrying out the representative's official
duties.



(c)  Notwithstanding any other provision of law
to the contrary, the board and its agents, engineers, and other employees, for
the purposes of enforcing this chapter, may enter upon any land or water in the
State that is the subject of an inspection, investigation, or remedial actions
without a search warrant or liability for trespass. [L 2007, c 262, pt of §1]