§2800. Removal of bushes, trees and stumps from flowed area
A person who after July 13, 1929 erects a dam on any of the public waters of this State shall, within 3 years after a head of water is held and flowage created thereby, remove from the flowed area all trees, bushes and stumps that the person can legally remove from the flowed area, to such an extent that the tops of all trees, bushes and stumps left on the flowed area are at least 5 feet below the surface of the mean low-water level maintained during the period beginning June 1st and ending December 1st next following of each year and shall, within that 3-year period, remove such growth as the person can legally remove from the edge of the flowed area to such an extent that no dry-ki and debris can form to be carried away by the water. For the purpose of protecting the right of the public in the navigation of the waters over the flowed area, the owner of the dam has, after the creation of flowage thereby, the right to cut and remove from the flowed area all trees, bushes and stumps remaining on the flowed area, and the damage to the owner of the flowed area caused by the removal must be ascertained in the same manner as is provided for the ascertainment of the damages caused by the flowage.
[RR 2025, c. 2, Pt. E, §20 (COR).]
A dam erected after July 13, 1929 that is maintained in violation of this section is a public nuisance and is subject to section 2706.
[RR 2025, c. 2, Pt. E, §20 (COR).]
This section does not apply to dams that are created solely for log driving purposes where the water is stored for not exceeding 3 months of each year. This section may not be interpreted in any instance to require the removal of stumps below the swell of the roots.
[RR 2025, c. 2, Pt. E, §20 (COR).]
SECTION HISTORY
RR 2025, c. 2, Pt. E, §20 (COR).