SB 664

Current law generally prohibits any person from constructing, placing, or

maintaining a culvert in or over a navigable water without being issued an

individual permit by the Department of Natural Resources (DNR) or without

receiving authorization to proceed under a statewide general permit issued by DNR.

Under current law, a culvert is exempt from these permitting requirements if it is

replacing an existing culvert and it either does not have an inside diameter that

exceeds 24 inches or it is in compliance with the conditions imposed by the applicable

permit.

This bill adds an exemption for a culvert that is replacing an existing culvert

that is not authorized by an individual or a general permit. Under the bill, the

replacement culvert is exempt if it is the same length, diameter, and size as the

existing culvert, if it will not have a lower the flow rate capacity than the existing

culvert, and it will be at the same location and have the same slope as the existing

permit.

Under the bill, a replacement culvert may not have an inside diameter that

exceeds 48 inches in diameter if it is being constructed or placed on a navigable water

that is identified by DNR as an outstanding or exceptional resource water.

Also, the bill exempts from the individual and general permitting requirements

the maintenance of a culvert if the flow rate capacity will not be decreased as a result

of the maintenance.

Under the bill, DNR must be responsible for the design and engineering costs

in determining whether the construction or placement of a culvert is exempt from or

subject to the general or individual permitting process that applies to culverts.