Q May the city dredge siltation from boat channels to accommodate boat access to the community or as part of proactive flood control?

A Provided that the municipality makes the requisite factual findings outlined in Section 21-19-13 and obtains an easement or permission from the land owner, it may make improvements to private property, which include the dredging of channels of streams or other watercourses located on private property. Whether or not this is a “watercourse,” and whether or not restoring depth of cannels and improving access will promote the health, comfort and convenience of the inhabitants of the municipality (as per Section 21-19-13(1)) are questions of fact to be determined by the governing authorities. (Attorney General’s Opinion to Keating, May 15, 2015)