Any board or commission under the provisions of this chapter and chapter 46A-11 may adopt a permit system for drainage. The permit system must be prospective in nature and consistent with the principles outlined in § 46A-10A-20. The nonrefundable fee for a permit must be:

1. (1) Established by the permitting authority;
2. (2) Based on the administrative costs of regulating drainage activities, may not exceed five hundred dollars; and
3. (3) Paid only once, with the application, except that permitted drainage that is enlarged, rerouted, or otherwise modified requires a new permit. Any vested drainage right not recorded under the provisions of § 46A-10A-31 requires a permit for its use, if a permit system has been established in the county where it exists. Any person or the person's contractor draining water without a permit, if a permit is required under the provisions of this section, is guilty of a Class 1 misdemeanor. In addition to or in lieu of any criminal penalty, a court may assess, against any person violating the provisions of this section, a civil penalty not to exceed one thousand dollars per each day of violation. A permit system is an official control.

Source: SL 1985, ch 362 , § 30; SL 1986, ch 379 , § 5; SL 2000, ch 217 , § 1; SL 2011, ch 165 , § 493; SL 2025, ch 188 , § 1.