Section 322.1012. Upland channelling; requirements.

(1) The department shall not issue a permit for upland channelling, unless  the  project  conforms  to  all  of  the  following provisions:

(a)  The channel will not significantly impair the public  trust   or interest, including fish and wildlife habitat, in the adjacent land   and water area.

(b)  The channel and adjacent commercial or residential development will conform to the  requirements  for platting land,  local  zoning,   and sanitation laws.

(c)   The channel will not cause material injury to the rights of adjoining riparian owners or any riparian owners of the water affected.

(d)   The channel will be maintained pursuant to the conditions of the permit by existing and future owners of the land fronting the channel.

(e)   ) Channelling will not be in conflict with other state statutes.

(f)   Channels in multi-residential or commercial developments will be of sufficient width to accommodate prospective traffic, watercraft dockage, and maintenance dredging.

(g)   Channels will be constructed to a sufficient depth to minimize weed growth.

(h)   Stabilization of channel banks will be required to control bank slumping and siltation.

(i)   Channels for multi-residential or commercial projects  will   be constructed so that the channel banks are a minimum of 100 feet from each adjacent riparian property line, except where an adjacent riparian owner's approval has been obtained.

(j)   All dredged materials will be handled pursuant to R 322.1011.

(2) The channel shall be a public waterway, unless it is an intake or discharge canal as determined by the department.

History: 1982 AACS.