Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 10.00 - Dam Safety
Section 10.08 - Compliance with Inspection Results

(1) The Commissioner shall determine whether the dam and appurtenant features meet accepted dam safety standards. If the Commissioner determines that the dam does not meet these standards and a threat to life and/or property exists, he shall issue a Certificate of Non-compliance. Certificates shall be recorded by the Commissioner with the Registry of Deeds for the county where the dam lies.

(2) A Certificate of Non-compliance shall be issued if the Commissioner determines that the dam or appurtenant features are structurally deficient and in either poor or unsafe condition, as defined under 302 CMR 10.03.

(3) If the Commissioner issues a Certificate of Non-compliance, after receiving the owner's inspection form, or at any other time, the Commissioner may order the owner of the dam to: obtain a detailed inspection of the dam by a registered professional engineer, including such tests as the Commissioner may require or recommend to determine the course of action necessary to bring the dam into compliance and a time schedule by which the work shall be accomplished; or take whatever action is necessary to reduce the safety risk, as determined by the Commissioner.

(4) Notice of such aforementioned orders shall be served upon the owner(s) by registered or certified mail, return receipt requested, and recorded by the Commissioner in the Registry of Deeds in the county where the dam lies.

(5) When the dam meets minimum dam safety standards, or has been corrected or removed pursuant to an order by the Commissioner, the Commissioner shall issue a Certificate of Compliance to the owner following completion of a dam safety permitted project.

(6) The Commissioner has the authority, pursuant to M.G.L. c. 253, § 47, and in accordance with the Memorandum of Understanding between the DEP and the DCR relative to lake water level drawdowns/dam repair projects, to determine the maximum allowable water elevation for reservoirs and impoundments where dams have been determined to be unsafe. In determining the maximum allowable water elevation, the Commissioner may consider the recommendations of a registered professional engineer representing the owner, if the owner has retained one. The owner shall not store water in excess of the stated elevation determined by the Commissioner.

(7) When the spillway capacity of the existing dam does not meet stated criteria, the Commissioner may require the dam owner's engineer to perform a relative impact analysis. This analysis shall address such factors as: downstream impact area; capacity and/or condition of outlet work(s); overtopping potential; operation plans; consideration of incremental impacts of possible failure; and emergency action plans. A reduction in the standard design flood may be allowed to such dam upon review and approval by the Commissioner.