(1) Except as provided in subsection (2) of this section, the Water Resources Department may apply only those rules of the department that are in effect as of the date that a completed application is made for a permit in deciding whether to approve, deny or impose conditions on the permit.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) This section does not affect the application of any rule of the department that:

(a) Is required by federal law;

(b) Is required by any agreement between the state and a federal agency;

(c) The applicant voluntarily agrees to make applicable to the application; or

(d) Is necessary to protect public health and safety. [1999 c.301 § 2]

WATER RESOURCES DEPARTMENT