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 floodcontrol works constructed under the provisions of chapter 19, article 33 ofthe Kansas Statutes Annotated without first obtaining a permit. Permitsrequested of the county shall be reviewed by the county engineer. If hedetermines that the proposed excavation shall be detrimental or will impairor endanger the function of any flood protection works, permission for suchexcavation shall be denied. If he determines that a restricted orconditional permit for excavation can be granted to the applicant whichwill not be detrimental or will not impair or endanger the function of suchflood protection works he shall issue such restricted or conditionalpermit. If he determines that no impairment of or danger to such floodprotection works will occur as a result of such excavation he shall issue apermit to the applicant. The issuance of any permits hereunder shall notauthorize the violation of any existing zoning laws or building codes.

      Any person feeling aggrieved by the determination of the county engineermay appeal his decision in writing to the board of county commissionerswithin ten (10) days of the determination and the board after a publichearing shall have authority to affirm, reverse or modify thedetermination.

      History:   L. 1971, ch. 93, § 2; April 19.