(1) Except as provided in subsection (2) of this section, the Water Resources Department may apply only those rules of the department that are in effect as of the date that a completed application is made for a permit in deciding whether to approve, deny or impose conditions on the permit.
(2) This section does not affect the application of any rule of the department that:
(a) Is required by federal law;
(b) Is required by any agreement between the state and a federal agency;
(c) The applicant voluntarily agrees to make applicable to the application; or
(d) Is necessary to protect public health and safety. [1999 c.301 §2]
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