On written application to MSD, any person may request permission to place or construct structures or to perform other activities on the lands or rights-of-way acquired by the Louisville/Jefferson County Metro Government for flood protection. MSD shall thereupon determine whether the proposed structures or performances of other activities will endanger the safety or efficiency of the flood protection works or will impede or obstruct the inspection or maintenance of them. In the event MSD approves the application it shall then submit the approved application to the District Engineer of the United States Corps of Engineers in charge of the locality for approval. On receipt of written approval by the District Engineer, MSD may issue written permission to the applicant to place or construct the structures or perform other activities, subject to the condition, in the manner, and at the locations therein stated. These terms and conditions shall provide among other things that permission may be withdrawn at any time subsequent to the granting thereto either with or without cause and shall further provide that the applicant will, on being notified to do so, remove such structures or cease to perform such activities, forthwith, and on the further condition that the person so authorized shall be responsible for and will promptly pay to the Louisville/Jefferson County Metro Government all damages which may have been occasioned to the lands, rights-of-way, floodwalls, levees, gates, or any parts thereof by virtue of the exercise of the permission.
(1999 Lou. Code, § 152.04) (Lou. Ord. No. 0039-2002, § 1, approved 3-15-2002; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005; Lou. Metro Am. Ord. No. 157-2017, approved 8-25-2017)