Title 12, Chapter 5, Section 375
( 12-5-375)
(a) It shall be the duty of the director to inventory the dams in
this state and to classify each dam into one of the following
categories: (1) Category I -- Dams where improper operation or dam failure
would result in probable loss of human life. Situations
constituting "probable loss of human life" are those situations
involving frequently occupied structures or facilities, including,
but not limited to, residences, commercial and manufacturing
facilities, schools, and churches. (2) Category II -- Dams where improper operation or dam failure
would not be expected to result in probable loss of human life. (b) The first inventory shall be completed by July 1, 1983. The
director shall reinventory the dams in this state at least once
every five years after the completion of the first inventory. The
director is authorized to contract with other state or federal
agencies or private entities to accomplish the purposes of this Code
section. (c) The director is authorized to use information furnished to the
director by the United States Army Corps of Engineers to accomplish
the purposes of this Code section, including, but not limited to,
the classification of dams as set forth in subsection (a) of this
Code section. (d) The director shall have the right to direct and conduct
investigations as the director may reasonably deem necessary to
carry out the director's duties as prescribed in this Code section.
For this purpose, the employees of the division or any authorized
representatives shall have the right to enter at reasonable times on
any property, public or private, for the purpose of inventorying,
classifying, and investigating any dam and to require written
reports from the owner or operator of any dam for the purpose of
accomplishing its duties under this Code section. It is specifically
provided, however, that if the owner of the dam is a resident of the
county wherein the dam is located, the director shall notify the
owner before the division employees or representatives shall enter
the property of the dam for the purposes of this Code section. (e) Upon request of the governing authority of a local unit of
government, the director is authorized in the director's discretion
to provide technical assistance to such local unit of government
relative to those dams within its jurisdiction for which a permit is
not required by this part. Such assistance may include, but shall
not necessarily be limited to, the inventorying of dams of any size
or holding capacity for which a permit is not required by this part,
visual inspections, written reports on any structural inadequacies
discovered during such inspections, written descriptions of the
potential dam failure flood plain, technical advice on procedures to
correct such structural inadequacies, and assistance in the
development of model dam safety ordinances. (f) Any person who desires to construct an artificial barrier for
the purpose of impounding or diverting water may request of the
director, and the director is authorized to furnish such person
with, a determination as to whether such artificial barrier, if
constructed, would be a category I or category II dam for the
purposes of this part. (g) Before a permit to construct a structure or facility is issued
by the governing authority of a local unit of government which would
result in changing a category II dam to a category I dam, the local
unit of government shall notify the owner of said dam by certified
mail or statutory overnight delivery of the proposed permit. The
owner of the dam may within ten days of the notice request the
director to inspect said dam and determine whether or not said dam
is in compliance. If the director determines the dam is not in
compliance with category I, both the owner and the local unit of
government shall be notified in writing. |