[§179D-22]  Entry upon property.  (a)  Thedepartment shall have the right to direct and conduct investigations as it mayreasonably deem necessary to carry out its duties as prescribed in this part.  Forthis purpose, the agents or employees of the department or any authorizedrepresentatives may enter at reasonable times, without prior notice, anyproperty, public or private, for the purpose of investigating the condition,construction, or operation of any dam, reservoir, or other artificial barrierdealt with in this chapter; provided that if an emergency situation arises asdetermined by the department, the agents or employees of the department, or anyauthorized representatives shall have the right to enter without prior notice,any property, public or private, for the purpose of investigating thecondition, construction, or operation of any dam, reservoir, or otherartificial 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 torefuse entry or access to any authorized representative of the department whorequests entry for purposes of inspection and who presents appropriatecredentials.  It shall also be unlawful to obstruct, hamper, or interfere withany representative while in the process of carrying out the representative's officialduties.

(c)  Notwithstanding any other provision of lawto the contrary, the board and its agents, engineers, and other employees, forthe purposes of enforcing this chapter, may enter upon any land or water in theState that is the subject of an inspection, investigation, or remedial actionswithout a search warrant or liability for trespass. [L 2007, c 262, pt of §1]