PURPOSE: This rule describes the three types of permits and their uses that the Dam and Reservoir Safety Council will issue.

1. (1) There are three (3) types of permits—registration permits, construction permits and safety permits and each one is intended to regulate a separate and distinct type of activity. A dam and reservoir will have only one
2. (1) type of permit in effect at any given time although they may have more than one (1) type of permit during their existence.
3. (2) Registration permits (see 10 CSR 22- 1.020(44)) apply to and are required for the continued operation of a dam and reservoir that was in existence or in the process of being constructed on the effective date of this section, August 13, 1981. A registration permit also applies to and is required for structures which become subject to the provisions of the dam and reservoir safety law that were in existence prior to the date that they became subject to the law. Registration permits may be issued for a time period up to five (5) years. The owner of a dam and reservoir on the effective date of the law shall obtain his/her first registration permit in accordance with the height of his/her dam. For dam heights of thirty-five feet (35') to less than fifty feet (50'), fifty feet to seventy feet (50'– 70') and over seventy feet (70+'), the maximum time to obtain the first registration permit is respectively within nine (9) years, four 10 CSR 22-2
4. (4) years and two (2) years from the effective date of this section, August 13, 1981.
5. (3) Construction permits (see 10 CSR 22- 1.020(8)) apply to the construction of a new dam and reservoir, the alteration, enlargement, reduction, repair or removal of a new or existing dam, reservoir or appurtenances. New dams are dams for which construction commences after the effective date of this section, August 13, 1981. For dams which were under construction on August 13, 1981, construction must be completed by August 13, 1987 or the owner will be required to obtain a construction permit. If completed prior to August 13, 1987, the owner will be required to obtain a registration permit as outlined in 10 CSR 22-2.020(2). A construction permit may be issued for any reasonable length time period required to complete construction and it may contain appropriate restrictions placed on the owner for construction and operation of the dam and reservoir during that period. At the conclusion of construction, a safety or registration permit shall be obtained by the owner.
6. (4) Safety permits (see 10 CSR 22-1.020(48)) apply to the operation of a dam and reservoir constructed pursuant to a construction permit. The safety permit is not a guarantee of the dam and reservoir’s safety and does not alter the owner’s liability; it is simply an operating permit. If a dam and reservoir were not subject to the provisions of the law when they were constructed but subsequently become subject to the provisions of the law, the owner shall obtain a registration permit, not a safety permit. Safety permits may be issued for a time period up to five (5) years, and they may contain appropriate conditions for the operation and safety of the dam and reservoir.

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 May 15, 1987, effective Sept. 15, 1987.

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