183-44. Fishponds; rules
(a) The board shall adopt rules concerning the application and issuance of permits for the repair, strengthening, reinforcement, and maintenance of fishponds pursuant to chapter 183C. The rules shall specify the extent:
(1) Of repairs, strengthening, reinforcement, and
maintenance for which no permit is necessary, but for which the owner shall be
required to notify the board in writing of the owner's intent to perform them
which notification shall be submitted not less than ten days before performing
the repairs, strengthening, reinforcement, or maintenance, and for which
receipt and lack of action by the board within the ten-day notice period shall
constitute approval;
(2) Of repairs, strengthening, reinforcement, and
maintenance for which a permit shall be required which shall be requested in
writing by the owner.
(b) For the purposes of this section:
(1) "Emergency repairs" means that work
necessary to repair damages to fishponds arising from natural forces or events
of human creation not due to the wilful neglect of the owner, of such a
character that the efficiency, esthetic character or health of the fishpond,
neighboring activities of persons, or existing flora or fauna will be
endangered in the absence of correction of existing conditions by repair,
strengthening, reinforcement, or maintenance.
(2) "Repairs and maintenance" of fishponds
means any work performed relative to the walls, floor, or other traditional
natural feature of the fishpond and its appurtenances, the purposes of which
are to maintain the fishpond in its natural state and safeguard it from damage
from environmental and natural forces.
Repairs, strengthening, reinforcement, and
maintenance and emergency repair of fishponds shall not be construed as actions
"proposing any use" within the context of section 343-5.
[L 1975, c
27, pt of §2; am L 1976, c 57, §2; gen ch 1985; am L 1995, c 11, §5 and c 69,
§4]
