§ 1110. Rulemaking
The Commissioner of Environmental Conservation shall adopt rules to implement the
requirements of this chapter for dams under the jurisdiction of the Department. The
rules shall include:
(1) a standard or regulatory threshold under which a dam is exempt from the registration
or inspection requirements of this chapter;
(2) standards for:
(A) the siting, design, construction, reconstruction, enlargement, modification, or alteration
of a dam;
(B) operation and maintenance of a dam;
(C) inspection, monitoring, record keeping, and reporting;
(D) repair, breach, or removal of a dam;
(E) application for authorization under section 1082 of this title; and
(F) the development of an emergency action plan for a dam, including guidance on how to
develop an emergency action plan, the content of a plan, and when and how an emergency
action plan should be updated;
(3) criteria for the hazard potential classification of dams in the State;
(4) a process by which a person owning legal title to a dam or a person owning the land
on which the dam is located shall register a dam and record the existence of the dam
in the lands records;
(5) requirements for the person owning legal title to a dam or the person 2024 owning
the land on which the dam is located to conduct inspections of the dam; and
(6) requirements for access to financing and subsidy from the Dam Safety Revolving Loan
Fund, including the requirement that an alternatives analysis be performed by an engineering
consultant hired by either the dam owner or the Department. (Added 2017, No. 161 (Adj. Sess.), § 1; amended 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)