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(1) An owner who wishes to construct, alter, repair, enlarge, or remove a high-hazard dam shall apply for, and receive from the department a construction permit prior to any construction.

(2) A single application must be submitted for each dam, even if the dams are part of a single project or facility.

(3) An application for a construction permit must include:

(a) the engineering design report;

(b) the construction plans and specifications; and

(c) the application form provided by the department. The application form must:

(i) be signed by the owners of the dam or reservoir;

(ii) include the name, address, and phone number of the owner; and

(iii) include the name and purpose of the proposed dam or reservoir.

(4) The construction plans and specifications and engineering report must be prepared by or under the supervision of an engineer experienced in dam design and construction and shall be certified with the seal of the engineer.

(5) Within 30 days after receipt of the application, the department shall notify the applicant of any errors or omissions and request any additional information necessary to properly evaluate the application. The department may disapprove any application for failure to promptly submit the required information.

(6) The department shall issue a construction permit if the design and construction as proposed conforms to the design and construction criteria specified in these rules and to accepted practices and procedures of the engineering profession.


History: 85-15-110, MCA; IMP, 85-15-210, MCA; NEW, 1988 MAR p. 2489, Eff. 11/24/88; AMD, 2012 MAR p.1844, Eff. 9/21/12.

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