46-1654 Application approval; issuance; public hearing; notice to department; when. - Nebraska Statutes

46-1654. Application approval; issuance; publichearing; notice to department;when.(1) Approval of applications for whichapproval under sections 46-233 to 46-242 is not required shall be issued withinninety days after receipt of the completed application plus any extensionsof time required to resolve matters diligently pursued by the applicant. Atthe discretion of the department, one or more public hearings may be heldon an application.(2) Approval of applications under the Safety of Dams and ReservoirsAct, for which approval under sections 46-233 to 46-242 is required, shallnot be issued until all pending matters before the department under the Safetyof Dams and Reservoirs Act or such sections have been resolved and approved.Approval under the act and approval under such sections shall be issued simultaneously.(3) Application approval shall be granted with terms, conditions, andlimitations necessary to safeguard life and property.(4) If actual construction, reconstruction, enlargement, alteration,breach, removal, or abandonment of the dam is not commenced within the timeestablished by the department, the application approval becomes void, exceptthat the department may, upon written application and for good cause shown,extend the time for commencing construction, reconstruction, enlargement,alteration, breach, removal, or abandonment. Ifapproval under sections 46-233 to 46-242 is also required, the departmentmay not extend the time for commencing construction without following theprocedures and granting a similar extension under subsection (2) of section 46-238.(5) Written notice shall be provided to the department at least tendays before construction, reconstruction, enlargement, alteration, breach,removal, or abandonment is to begin and such other notices shall be givento the department as it may require. SourceLaws 2005, LB 335, § 54; Laws 2009, LB209, § 2.