Unless the context, in which used, clearly requires a different meaning, as used in
(1) “Board” means the environmental quality board;
(2) “Director” means the director of the division of environmental protection or such
other person to whom the director has delegated authority or duties pursuant to sections
six or eight, article one of this chapter;
(3) “Free-flowing” means existing or flowing in natural condition without impoundment,
by diversion, or flooding of the waterway;
(4) “Modification” means the impounding, diverting or flooding of a stream within
the natural stream preservation system;
(5) “Modify” means to impound, divert or flood a stream within the natural stream
(6) “Permit” means a permit required by section seven of this article;
(7) “Person,” “persons” or “applicants” means any public or private corporation, institution,
association, firm or company organized or existing under the laws of this or any other
state or country; state of West Virginia; governmental agencies; political subdivision;
county commission; municipal corporations; industries; sanitary district; public
service district; drainage district; soil conservation district; watershed improvement
district; partnership; trust; estate; person or individual; group of persons
or individuals acting individually or as a group; or any other legal entity whatever;
(8) “Protected stream” means any stream designated as such in section five of this
article, but does not include tributaries or branches unless specifically designated
or described in section five of this article;
(9) “Stream” means a flowing body of water or a section or portion thereof, including
rivers, streams, creeks, branches or small lakes.
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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