It is unlawful for any person, until the division's permit therefor has been granted, to modify any protected stream or any part thereof. No permit shall be issued unless the work proposed to be done under such permit: (a) Will not materially alter or affect the free-flowing characteristics of a substantial part of a protected stream or streams; (b) is necessary to prevent an undue hardship; and (c) meets with the approval of the director.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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