Summary of Dam Safety Regulations Changes

Minor Changes: This section was expanded for clarification to include definitions not previously included and modifies some existing definitions.

Major Changes: A farm pond dam is now defined as a Class A, low hazard dam.

Minor Changes: This section now references applicability to all dams, except as otherwise noted in the regulations.

Minor Changes: This is a new section addressing the statutory dam safety authority, and the department's liability.

Minor Changes: This is a new section to identify that the permitting requirements are contained in Part 608. There are updated requirements and definitions proposed for Part 608 to be consistent with the revised Part 673.

Incorporates the height and capacity thresholds requiring a permit be obtained for Construction, reconstruction, repair or removal.

Minor Changes: Clarifies language that the department may make changes to a dam's hazard classification at any time.

Adds Class D dam classification to be consistent with the department's program which classifies breached or failed dams, or dams for which permits were issued but the dam was never built.

Major Changes: This is a new section that outlines dam owner responsibilities.

Adds requirement for initial and periodic hazard class verification for Class A dam owners.

Adds requirement for Class B and Class C dam owners to submit an annual certification of ownership, statement that their dam is being operated and maintained in a safe condition, and that their Emergency Action Plan is current.

Adds requirement for owners of Class A dams above the permitting threshold and Class B and Class C dam owners to develop and implement a written Operation and Maintenance Plan.

Adds requirement for Class B and Class C dam owners to report flow in an earthen auxiliary spillway.

Adds requirement for Class B and Class C dam owners to develop, submit and annually update an Emergency Action Plan.

Adds requirement for Class C dam owners to provide for and demonstrate financial assurance.

Add property transfer requirements for all dam owners regarding: notification of the existence of a dam to a new property owner, records transfer, and notification of new ownership to the department and the local municipality.

Minor Changes: Clarifies the role of the department to make investigations and conduct inspections.

Adds the new statutory requirement for the department to provide a copy of an inspection report within 30 days to the dam owner and the municipality.

Major Changes: Adds requirements for Class B and Class C dam owners to conduct periodic dam safety inspections at a minimum specified frequency.

Adds requirements for Class B and Class C dam owners to conduct periodic engineering assessments for safety criteria, hazard classification and failure modes at a minimum specified frequency.

Minor Changes: Clarifies dam owner's right to due process for a hearing and the department's enforcement rights.

Clarifies the department's right to recover costs from a dam owner, for actions taken when the dam owner fails to take department directed actions.

Minor Changes: Deletes Section 673.4 Condition Rating.

Minor Changes: Incorporates the new applicability provisions of dam height and storage capacity from Chapter 364.

Clarifies permit application submission requirements for technical information to evaluate safety aspects.

Adds provision that, in lieu of a formal department application review for Class A dams, the department may issue a permit upon certification from an engineer that the design conforms with the required safety criteria.

Major Changes: For Class B and C dams, adds permit application submission requirement for an updated Emergency Action Plan.

Adds Class C dam permit application submission requirement for financial assurance.

Major Changes: Modifies section 621.4 to indicate that all dam projects are "major" not "minor."