§183-44  Fishponds; rules.  (a)  Theboard shall adopt rules concerning the application and issuance of permits forthe repair, strengthening, reinforcement, and maintenance of fishponds pursuantto chapter 183C.  The rules shall specify the extent:

(1)  Of repairs, strengthening, reinforcement, andmaintenance for which no permit is necessary, but for which the owner shall berequired to notify the board in writing of the owner's intent to perform themwhich notification shall be submitted not less than ten days before performingthe repairs, strengthening, reinforcement, or maintenance, and for whichreceipt and lack of action by the board within the ten-day notice period shallconstitute approval;

(2)  Of repairs, strengthening, reinforcement, andmaintenance for which a permit shall be required which shall be requested inwriting by the owner.

(b)  For the purposes of this section:

(1)  "Emergency repairs" means that worknecessary to repair damages to fishponds arising from natural forces or eventsof human creation not due to the wilful neglect of the owner, of such acharacter that the efficiency, esthetic character or health of the fishpond,neighboring activities of persons, or existing flora or fauna will beendangered in the absence of correction of existing conditions by repair,strengthening, reinforcement, or maintenance.

(2)  "Repairs and maintenance" of fishpondsmeans any work performed relative to the walls, floor, or other traditionalnatural feature of the fishpond and its appurtenances, the purposes of whichare to maintain the fishpond in its natural state and safeguard it from damagefrom environmental and natural forces.

Repairs, strengthening, reinforcement, andmaintenance and emergency repair of fishponds shall not be construed as actions"proposing any use" within the context of section 343-5. [L 1975, c27, pt of §2; am L 1976, c 57, §2; gen ch 1985; am L 1995, c 11, §5 and c 69,§4]

 

Revision Note

 

  Section "343-5" substituted for "343-4".