PURPOSE: This rule identifies those persons who need to obtain a permit for their dam and reservoir and to identify those persons who do not need to obtain a permit for their dam and reservoir.

1. (1) The owner of a proposed new dam thirtyfive feet (35') or more in height is required to obtain a construction permit and a safety permit for his/her dam and reservoir. The owner of an existing dam thirty-five feet (35') or more in height is required to obtain a registration permit within the time set forth in 10 CSR 22-2.020(2).
2. (2) By definition, the United States government is not considered an owner. Therefore, no federal dam and reservoir is regulated by sections 236.400—236.500, RSMo and no permits are required.
3. (3) Agricultural dams are exempted from all permit requirements as long as the agricultural dam and reservoir continue to be used primarily for agricultural purposes (see 10 CSR 22-1.020(2)). The owners of agricultural dams and reservoirs over thirty-five feet (35') in height must notify the council of their reliance on this exemption and their basis for application of this exemption to their dams. If an agricultural dam and reservoir is constructed after the effective date of the law, but subsequently becomes subject to the provisions of the law, the owner shall provide, prior to obtaining a registration permit, evidence that the dam meets the construction permit criteria in effect at the time the dam was constructed.
4. (4) Dams and reservoirs licensed and operated under the Federal Power Act are exempted from all permit requirements.
5. (5) Dams and reservoirs that were designed by and the construction monitored by an agency engineer (see 10 CSR 22-1.020(1)) do not need a construction permit but a set of plans shall be filed with the chief engineer prior to the initiation of any construction activity. These dams and reservoirs are required to have a registration or safety permit subsequent to construction.
6. (6) Industrial water retention dams (see 10 CSR 22-1.020(27)) and reservoirs regulated by another state agency or federal agency are exempted from all permit requirements. For the exemption to apply, the industrial water retention dam and reservoir must be subject to safety inspections by the other state agency or federal agency and standards used must be at least as stringent as those required by the law. In addition, the owner must notify the council that another agency is regulating his/her dam and reservoir and explain the basis for the exemption to apply.

AUTHORITY: sections 236.400, 236.415, 236.435, 236.440 and 236.465, RSMo 1986 and 236.405, RSMo Supp. 1993.* Original rule filed April 14, 1981, effective Aug. 13, 1981. Amended: Filed June 14, 1984, effective Jan. 1, 1985. Amended: Filed Sept. 1, 1993, effective May 9, 1994.

*Original authority: 236.400, 236.415, 236.435, 236.440 and 236.465, RSMo 1979 and 236.405, RSMo 1979, amended 1993.