19-3309. Same; regulation of excavation; permits; appeal.
19-3309
19-3309. Same; regulation of excavation; permits; appeal.
No excavation shall be made or commenced within one thousand (1,000)
feet landward or riverward of the center line of any portion of a flood
control works constructed under the provisions of chapter 19, article 33 of
the Kansas Statutes Annotated without first obtaining a permit. Permits
requested of the county shall be reviewed by the county engineer. If he
determines that the proposed excavation shall be detrimental or will impair
or endanger the function of any flood protection works, permission for such
excavation shall be denied. If he determines that a restricted or
conditional permit for excavation can be granted to the applicant which
will not be detrimental or will not impair or endanger the function of such
flood protection works he shall issue such restricted or conditional
permit. If he determines that no impairment of or danger to such flood
protection works will occur as a result of such excavation he shall issue a
permit to the applicant. The issuance of any permits hereunder shall not
authorize the violation of any existing zoning laws or building codes.
Any person feeling aggrieved by the determination of the county engineer
may appeal his decision in writing to the board of county commissioners
within ten (10) days of the determination and the board after a public
hearing shall have authority to affirm, reverse or modify the
determination.
History: L. 1971, ch. 93, § 2; April 19.