(a) Growth of woody vegetation is not permitted:

1. (1) On the spillway, crest, upstream or downstream embankments; and
2. (2) Within twenty feet (20’) of the downstream toe or groin of the dam.

(b) Remediation.

1. (1) Trees with roots likely to extend to the crest of the dam shall be removed.

2. (2) Trees whose roots are unlikely to extend to the crest may remain if:

   1. (A) Erosion control vegetation can be maintained; and
   2. (B) Inspections can be accomplished.
3. (3) Trees larger than six inches (6”) in diameter that are to be removed from embankments must be removed together with roots larger than two inches (2”).
4. (4) The resulting voids shall be repaired with compacted soil similar to the remaining embankment material.
5. (5) Smaller trees and brush and those not on embankments may be cut and/or treated with herbicide.

(c) Time for compliance.

1. (1) New growth must be removed before it shades out desirable vegetation generally on a two-year cycle.

2. (2) Where extensive tree and brush growth were established prior to adoption of this part, a compliance schedule of up to five (5) years may be approved provided that:

   1. (A) No evidence of significant immediate hazard is detected;
   2. (B) The compliance schedule includes a:

(i) Reasonable estimate for costs; and

1. (ii) Rational procedure for accumulating necessary funds;

   1. (C) Vegetation is not so dense that effective inspections are impossible; and
   2. (D) Appropriate annual efforts are scheduled.
2. (3) The long-term schedule may be cancelled if evidence of immediate hazards is discovered in subsequent inspections.