Dams meeting any of the following criteria are not subject to rules contained in this part unless 15 CAR § 23-105 is successfully invoked:

1. (1) Dams with height less than twenty-five feet (25’);
2. (2) Dams with normal storage less than fifty acre-feet (50 ac⋅ft); or
3. (3) Dams with crest elevations below the ordinary high water mark of the stream at that location.