Administrative Rules of Montana
Department 36 - NATURAL RESOURCES AND CONSERVATION
Chapter 36.14 - DAM SAFETY
Subchapter 36.14.2 - Hazard Classification
Rule 36.14.201 - WHO HAS TO APPLY FOR HAZARD DETERMINATION
Universal Citation: MT Admin Rules 36.14.201
Current through Register Vol. 18, September 20, 2024
(1) An application for hazard determination must be made by an owner proposing to construct, including new construction, alteration, repair, enlargement, or removal of, any dam or reservoir that has or could impound to the maximum normal operating pool 50 acre-feet or more.
(a) Dams already classified as high-hazard
are not required to reapply for a hazard determination.
(b) An owner of a dam may request a waiver to
the application requirement if:
(i) the dam is
not high-hazard as previously classified by the department;
(ii) no additional downstream development has
occurred; and
(iii) the size and
impounding capacity of the dam is unchanged from the department's original
classification.
(2) The department must respond to the waiver request in (1)(b) within 20 calendar days.
(3) Applications for hazard determinations are not necessary for the following, as loss of life from dam failure is not likely to occur:
(a) wastewater pond dams that
are subject to regulation under the Department of Environmental Quality (DEQ)
and will be constructed according to DEQ regulations;
(b) naturally occurring reservoirs;
(c) an obstruction in a canal used to raise
or lower water inside the canal, or to divert water from the canal;
(d) a flood levee on the bank of a natural
lake or stream, the primary purpose of which is to control
floodwaters;
(e) railroad fill
structure and road or highway fill not intended to store or accumulate water
for future use; and
(f) an
obstruction in the channel of a stream, watercourse, or floodplain, which has
the single purpose of spreading water within the bed of the stream or
watercourse or floodplain upstream from the obstruction for irrigation of only
that land containing the spread water.
AUTH: 85-15-110, MCA; IMP: 85-15-107, 85-15-209, MCA
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