Ohio Administrative Code
Title 1501:21 - Division of Soil and Water Resources - Dam Safety
Chapter 1501:21-19 - Exemptions
Section 1501:21-19-02 - Inspection exemptions for dams and levees
Universal Citation: OH Admin Code 1501:21-19-02
Current through all regulations passed and filed through March 18, 2024
(A) In addition to the exemptions noted in section 1521.062 of the Revised Code, the following classes of dams and levees are hereby exempt from inspection requirements of sections 1521.062 of the Revised Code and the rules and regulations adopted pursuant thereto:
(1) Dams and levees constructed or inspected
by the United States army corps of engineers.
(2) Dams placed by the chief in class IV
under rule
1501:21-13-01 of the
Administrative Code.
(3) Levees
placed by the chief in class III under rule
1501:21-13-09 of the
Administrative Code.
(4) Dams
placed by the chief in class III under rule
1501:21-13-01 of the
Administrative Code, provided that the continued operation and use of, and any
rupturing of or other structural damage to the dam will not constitute a hazard
to life, health, or property.
(B) Dams and levees of any class may be exempted from inspection under section 1521.064 of the Revised Code if the continued operation and use of, and any rupturing of or other structural damage to, the dams and levees will not constitute a hazard to life, health, or property.
(1) The following procedure shall be
used for applying for an inspection exemption under section
1521.064 of the Revised Code.
(a) The owner of the dam or levee shall
submit a letter to the chief requesting an exemption under section
1521.064 of the Revised
Code.
(b) The owner shall also
provide a map showing the location of the dam or levee.
(c) The chief may require submittal of
documentation verifying that no person, structure or facility will be damaged
by failure of the dam or levee. This documentation may include but not be
limited to inundation maps, dam break studies and other calculations and
information as deemed necessary by the chief.
(d) The owner shall submit a written
certification that they accept liability for any injury, death, or loss to
persons or property caused by the rupturing of or other structural damage to
the dam or levee. This liability certification is not transferable. If the
ownership of the dam or levee changes, the new owner shall submit a new
liability certification to continue the exemption.
(2) The dam or levee shall meet the following
standards before it can be exempted under section
1521.064 of the Revised Code.
(a) A dam shall have sufficient
discharge/storage capacity to pass the one-hundred-year flood, or other design
flood as deemed appropriate by the chief, safely through the appurtenant
spillway system.
(b) The dam or
levee shall be in a condition sufficient to reasonably assure its continued
operation and meet all requirements deemed necessary by the chief.
(c) The chief may require the dam or levee to
have an approved operation, maintenance and inspection manual and an emergency
action plan.
(3) In
order to maintain the exemption, the chief will review the status of the dam or
levee on an annual basis. The review will follow this procedure.
(a) The owner will submit a notice to the
chief certifying that the downstream hazard of the dam or levee has not
changed. This notice will be due to the chief by June thirtieth of each
year.
(b) The owner shall maintain
the dam or levee in good condition and must be demonstrated to the satisfaction
of the chief.
(c) The owner shall
submit notification to the chief of a change in ownership of the dam or
levee.
(d) The chief may make
periodic investigations to verify the exemption status.
(e) If any fact becomes apparent to indicate
that the hazard of the dam or levee has changed or that the dam or levee is no
longer in good condition, the chief
will rescind the exemption and classify the dam
or levee based on rule
1501:21-13-01 of the
Administrative Code.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.