Except as otherwise required by the context:
(1) "Department" means the Department of Natural Resources.
(2) "Free flowing" means existing or flowing in natural condition without impoundment, (diversion) straightening, riprapping, or other modification of the waterway. The existence of low dams, diversion works, and other minor structures at the time a river is proposed for inclusion in the State Scenic Rivers Program does not automatically bar its consideration for inclusion, but this may not be construed to authorize, intend, or encourage future construction of those structures within components of the State Scenic Rivers Program.
(3) "Management agency" means the Department of Natural Resources.
(4) "Mean highwater line" means that line which intersects with the shore in tidal waters representing the average height of high waters over an eighteen and one-half year tidal cycle. Benchmarks purporting to have established mean high or low water values must be verified by the department as meeting state and national ocean survey standards.
(5) "Ordinary highwater mark" means the natural or clear line impressed on the shore or bank in nontidal waters representing the ordinary height of water. It may be determined by bank shelving, changes in the character of the soil, destruction or absence of terrestrial vegetation, the presence of litter or debris, or a combination of the above or other appropriate criteria that consider the characteristics of the surrounding area. Ordinary highwater mark is not the line reached by floods, but it is the line to which ordinary high water usually reaches.
(6) "Perpetual easement" means a perpetual right in land of less than fee simple which:
(a) obligates the grantor and his heirs and assigns to certain restrictions constituted to maintain the scenic qualities of those lands bordering the river as determined by the State under this chapter;
(b) is restricted to the area defined in the easement deed;
(c) grants a privilege to those charged with the administration or enforcement of the provisions of this chapter to go upon the land for the purpose of compliance inspection.
(7) "River" means a flowing body of water or a section, portion, or tributary of it including rivers, streams, creeks, branches, or small natural lakes.
(8) "Road" means a highway or any hard-surface road.
HISTORY: 1989 Act No. 96, Section 1; 1993 Act No. 181, Section 1256.