In passing upon the application, the department or the responsible political subdivision shall consider in accordance with the minimum standards established by the department:

1. (1) the danger to life and property by water that may be backed up or diverted by the obstruction or use;
2. (2) the danger that the obstruction or use will be swept downstream to the injury of others;
3. (3) the availability of alternate locations;
4. (4) the construction or alteration of the obstruction or use in such a manner as to lessen the danger;
5. (5) the permanence of the obstruction or use;
6. (6) the anticipated development in the foreseeable future of the area that may be affected by the obstruction or use; and
7. (7) other factors in harmony with the purpose of parts 1 through 4 of this chapter.

History: En. Sec. 7, Ch. 393, L. 1971; amd. Sec. 199, Ch. 253, L. 1974; amd. Sec. 6, Ch. 271, L. 1974; R.C.M. 1947, 89-3507(part); amd. Sec. 258, Ch. 418, L. 1995.