76-5-206. Powers and duties of department relative to obstructions. (1) When an obstruction to a designated floodway established under 76-5-202 through 76-5-205 has been created by fallen trees, silt, debris, wreckage, unanchored automobile bodies, and like matter, the department may, in its discretion, remove the obstruction, in which case the cost of removal must be borne by the department.
     (2) When, after investigation, notice, and hearing, an order has been issued by the department to the owner of an obstruction not exempt under 76-5-401 through 76-5-404 for its removal or repair and the order is not complied with within a reasonable time as may be prescribed or if the owner cannot be found or determined, the department may make the removal or repairs or cause the removal or repairs to be made. The cost of the removal or repairs must be borne by the owner and are recoverable in the same manner as debts are recoverable by law.

     History: En. Sec. 8, Ch. 393, L. 1971; amd. Sec. 5, Ch. 294, L. 1973; amd. Sec. 200, Ch. 253, L. 974; amd. Sec. 7, Ch. 271, L. 1974; R.C.M. 1947, 89-3508; amd. Sec. 250, Ch. 418, L. 1995.