§ 46-161. Discharge permit.

(a)

Required. No person shall develop, improve or otherwise alter the state of property adjacent to or containing within its boundaries any drainage facility owned by the county, where such development, improvement or alteration may result in additional discharge into such drainage facility, without first obtaining a permit from the county engineer's office, regardless of whether the property is in the incorporated or unincorporated area of the county. Standards for issuance of such discharge permits shall be established by the county, and shall generally be consistent with the requirements for water control and drainage contained in chapter 62, article VII (subdivisions).

(b)

Establishment of fees. In issuing discharge permits, the board of county commissioners is hereby authorized to assess a fee adopted by appropriate resolution of the board, and to require the person developing, improving or altering the property in question to contribute to the cost of improvements to county drainage facilities undertaken because of the discharge anticipated from the development, improvement or alteration, as a condition to being issued a permit. The amount of such cost and the amount of contribution required shall be determined by the county engineer in his sole discretion.

(c)

Exception. No discharge permit shall be required for improvements or alterations by owners of single-family residences to their residence; provided, however, that additional discharge into any county drainage facility from a single-family residence shall be limited to rainfall runoff from the single-family residential structure.

(d)

Penalties. Any person found guilty of violating this section shall be punished as provided in section 1-7, and shall, in addition, be required to reimburse the county for the cost of improvements or repair to county drainage facilities undertaken as a result of the development, improvement or alteration undertaken in violation of this section.

(Code 1979, § 20-6.1)