US Lawyer Database

§ 4201. Purpose.

§ 4201. Purpose. It is the purpose of this chapter to provide for the proper design, construction, operation, maintenance and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams and to prevent injuries to persons, damage to downstream property and loss of […]

§ 4203. Application.

§ 4203. Application. (a) This chapter shall apply to any dam which is owned by the State or any county in the State, or any municipality or any quasi-governmental agency of the State that is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe […]

§ 4204. Construction of dams.

§ 4204. Construction of dams. (a) No owner shall begin the construction of any dam to which this chapter applies without written approval from the Department. Owners intending to construct any dam to which this chapter applies shall file with the Department a preliminary application which shall include a dam break analysis, the dam height, […]

§ 4205. Repair, alteration, or removal of dams.

§ 4205. Repair, alteration, or removal of dams. (a) Before commencing the repair, alteration or removal of any dam to which this chapter applies, application shall be made by the owner for written approval by the Department, except as otherwise provided by this chapter. The application shall state the name and address of the owner, […]

§ 4206. Actions by the Department upon applications.

§ 4206. Actions by the Department upon applications. (a) Public notice of application shall consist of an advertisement in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State to include the fact that the application has been received, a […]

§ 4207. Fees.

§ 4207. Fees. (a) The Department may establish an application fee not to exceed $500. (b) Any fees collected under this chapter are hereby appropriated to the Department to carry out the purposes of this chapter. The Secretary shall report through the annual budget process the receipt, proposed use and disbursement of these funds. 74 […]

§ 4208. Rules.

§ 4208. Rules. The Secretary shall develop and adopt regulations and standards in conjunction with a regulatory advisory committee, appointed by the Secretary, which include public and private dam owners, as well as appropriate state and federal agencies, conservation districts, and other governmental subdivisions of the State. Dam safety regulations and standards shall include but […]

§ 4209. Supervision by qualified engineers; reports and modifications during work.

§ 4209. Supervision by qualified engineers; reports and modifications during work. (a) Any project for which the Department’s approval is required under §§ 4204, 4205 and 4206 of this title and any project undertaken pursuant to an order of the Department issued pursuant to this chapter or § 4212 of this title shall be designed […]

§ 4210. Notice of completion; certification of final approval.

§ 4210. Notice of completion; certification of final approval. (a) Within 7 days of completion of construction, reconstruction, enlargement, repair, alteration or removal of any dam to which this chapter applies, notice of completion shall be given to the Department. Within 60 days thereafter supplementary drawings or descriptive matter showing or describing the dam as […]

§ 4211. Operation and maintenance of dams.

§ 4211. Operation and maintenance of dams. The Department shall require that dam owners and operators develop, use and update as necessary an operation and maintenance plan which provides guidance and instruction to personnel for the proper operation and maintenance of any reservoir or dam to which this chapter applies to safeguard life and property. […]