§ 36-38. Unlawful to construct, operate or maintain water management works without permit; remedies and penalty.

Except as otherwise indicated in this section, it shall be unlawful for any person, firm, corporation, agency or public body, unless otherwise exempted by law, to construct, operate or maintain any water management works within Broward County, including the excavation, creation or construction of any waterway, canal or channel, without first obtaining a permit from the county department of water resources. Any such permit shall be issued subject to the limitations indicated in section 36-5(4) hereof; provided further that any such permit, when issued for excavation, creation or construction of any waterway, canal or channel, ten (10) feet or more in width and three (3) feet or more in depth, shall be valid only if there shall be attached thereto or included therewith a certification signed by the secretary or other duly authorized officer, agent or employee of the Broward County Area Planning Board that the said excavation, creation or construction, as proposed, will not conflict with any existing or proposed state, county or municipal right-of-way or trafficway as set forth on the trafficways plan of Broward County as proposed by the Broward County Area Planning Board. No subdivision plat shall be approved or filed for record that provides for or indicates the proposed excavation or construction of any waterway, canal or channel without an accompanying valid permit for such excavation or construction approved and issued by the county department of water resources. The provisions of this section may be enforced by injunction or other appropriate civil action. In addition to any civil remedies, violation of the provisions of this chapter shall be a misdemeanor, and any person, firm or corporation convicted thereof shall be punished as provided by law.

(Sp. Acts, Ch. 63-1186, § 3; Sp. Acts, Ch. 71-562, § 2)