SB 506

This bill establishes conditions under which, if the Department of Natural

Resources has determined that a stream is not navigable, DNR's ability to change

that determination is restricted. The bill also exempts certain impoundments from

regulations relating to navigable waters.

Current law regulates a number of actions taken in or near navigable waters

that may impact the water level, flow, and quality of navigable water bodies, such

as the placement of structures on, the deposit of materials on, or the removal of

material from the beds of navigable waters and the zoning of shorelands, wetlands,

and construction sites. Under current law, all streams that are navigable in fact for

any purpose are declared navigable to the extent that no dam, bridge, or other

obstruction may be made in or over the stream without the permission of this state.

Under this bill, if DNR makes a determination that a stream or portion of a

stream is not navigable and a dam is constructed on the stream that modifies the flow

of the stream or portion of the stream as compared to the natural flow of the stream

or portion of the stream prior to its construction, and if an artificial impoundment

created by the dam is or has been subject to a federal Fish and Wildlife Service

Partners for Fish and Wildlife Habitat Development Agreement or similar

environmental restoration project, then DNR's ability to change that determination

is restricted. Specifically, the bill prohibits DNR from changing its determination of

non-navigability with respect to the stream or portion of the stream unless all

structures that affect the flow of the stream or portion of the stream are removed, all

changes to the stream or land adjacent to the stream that could affect the flow of the

stream or portion of the stream are substantially returned to their natural state, and

a DNR evaluation of the navigability of the stream or portion of the stream conducted

after the first two conditions are met indicates that DNR's determination of

navigability should be changed.

The bill also exempts this type of impoundment from laws that regulate the

placement of structures on, the deposit of materials on, or the removal of material

from the beds of navigable waters and from regulation under shoreland zoning

ordinances, wetland zoning ordinances, and construction site erosion control and

storm water management zoning ordinances.