SECTION 49-30-80. Removal of unpermitted structures; FERC licensees; recovery of costs.

(A) The department must contract to remove unpermitted structures pursuant to a court order and to the extent that the fund contains sufficient funds to cover the cost of removal. (B) FERC licensees are authorized to remove unpermitted structures located on licensed lakes pursuant to a court order. (1) A FERC licensee may recover from the owner of an unpermitted structure all costs associated with its removal. The department must provide the FERC licensee with any information in the department's possession that may be used to identify and locate an owner from whom the FERC permittee is seeking to recover its costs. (2) The provisions of this subsection do not create a new duty of care for FERC licensees.