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Current as of March 08, 2022 | Updated by FindLaw Staff
A. The director shall adopt by rule best management practices and notification requirements to ensure that the activities prescribed in this section do not violate applicable surface water quality standards. The director may include only those best management practices that extend to:
1. Activities conducted within the ordinary high watermark of perennial or intermittent non-WOTUS protected surface waters.
2. Activities conducted within the bed and banks of waters that materially impact downstream non-WOTUS protected surface waters. The director shall determine through rulemaking what constitutes a material impact and that rulemaking shall be based on factors that include distance and topography.
3. Activities that are not already regulated under this title.
B. The director may not adopt best management practices and notification requirements for the following:
1. Discharges to a non-WOTUS protected surface water incidental to a recharge project.
2. Established or ongoing farming, ranching and silviculture activities such as plowing, seeding, cultivating, minor drainage or harvesting for the production of food, fiber or forest products or upland soil and water conservation practices.
3. Maintenance but not construction of drainage ditches.
4. Construction and maintenance of irrigation ditches.
5. Maintenance of structures such as dams, dikes and levees.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 49. The Environment § 49-255.05. Best management practices for activities within non-WOTUS - last updated March 08, 2022 | https://codes.findlaw.com/az/title-49-the-environment/az-rev-st-sect-49-255-05/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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