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December 2009 Letter to Class C and Class B Dam Owners

Division of Water
Bureau of Flood Protection and Dam Safety,
4th Floor
625 Broadway, Albany, New York 12233-3504
Phone:(518) 402-8185 FAX:(518) 402-9029
December 14, 2009

Re: Dam ID: #, Hazard Class: County:

Dear Sir/Madam:

You are receiving this letter because our records indicate you are or represent the owner of the above-noted dam. Revisions to New York's Dam Safety Regulations became effective on August 19, 2009, including 6 NYCRR Part 673 ("Dam Safety"). The New York State Department of Environmental Conservation (DEC) is providing this letter to notify you of some of the key provisions of these important changes. Certain requirements of the revised regulations have specific time deadlines for compliance. You are encouraged to read and become familiar with the revised regulations and the specific requirements that may apply to you.

Owners of All Dams are required to:

  • Operate and maintain the dam and all appurtenant structures in a safe condition;
  • Maintain in good order all available records regarding the dam, and provide those records to any new owner; and

Owners of Class C - High Hazard dams are required to:

  • Submit an Annual Certification to DEC by January 31, 2010, and annually thereafter;
  • Have an Emergency Action Plan prepared by a Professional Engineer and submit the plan to DEC
  • Develop and implement an Inspection and Maintenance Plan by August 19, 2010 (do not submit the Plan to DEC unless requested);
  • Have an Engineering Assessment (EA) conducted by a Professional Engineer and submit the Report to DEC every 10 years. The first EA of a "Large" Class C dam is due by August 19, 2012, the first EA of a "Small" Class C dam is due by August 19, 2014;
  • Have a Safety Inspection conducted by a Professional Engineer on a regular schedule as defined in the Inspection and Maintenance Plan. Do not submit the Safety Inspection report to DEC unless requested;
  • Report flows in erodible auxiliary spillways to DEC within 5 days.

Owners of Class B - Intermediate Hazard dams are required to:

  • Submit an Annual Certification to DEC by January 31, 2010, and annually thereafter; Develop and submit to DEC an Emergency Action Plan (EAP)by August 19, 2011.Submit annual updates to DEC thereafter. (Have some or all of the EAP prepared by a Professional Engineer only upon request of DEC.);
  • Develop and implement an Inspection and Maintenance Plan by August 19, 2010(do not submit the plan to DEC unless requested); Have an Engineering Assessment (EA) conducted by a Professional Engineer and submit the Report to DEC every 10 years. The first EA for a Class B dam is due by August 19, 2015;
  • Have a Safety Inspection conducted by a Professional Engineer on a regular schedule as defined in the Inspection and Maintenance Plan. Do not submit the Safety Inspection report to DEC unless requested;
  • Report flows in erodible auxiliary spillways to DEC within 5 days.

You can view the regulations and related documents, or get a single CD or a single paper copy of the regulations by calling the Dam Safety Program office at (518) 402-8151.

Annual Certification that is due by January 31, 2010, dam owners are not expected to certify as to the completion and implementation of Inspection and Maintenance Plans (I&M Plans) and Emergency Action Plans (EAP's). I&M Plans and EAP's that comply with the revised regulations are not due until August 19, 2010 (or August 19, 2011 for Class B dam EAP's). For the Annual Certification that is due by January 31, 2010 only, dam owners are not expected to meet the requirements of 6 NYCRR Subpart 673.8(b)(iii) - (v), and questions 2, 3 and 4 in the Annual Certification form may be left blank.

The status of your dam's Emergency Action Plan (EAP) in our files is below:

EAP Status: EAP Date:

The Annual Certification form and other Dam Safety forms are available for download from DEC's web site.


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    Division of Water
    Bureau of Flood Protection and Dam Safety, 4th Floor
    625 Broadway
    Albany, NY 12233-3504
    518-402-8185
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