1. (1) A high-hazard dam owner may request the department to reconsider a hazard determination.

   1. (a) A request for reconsideration must include the data and analyses necessary to show that the dam is not a high-hazard dam.
   2. (b) The owner shall pay for reasonable inspection, analysis, and processing costs incurred by the department as a result of the reconsideration.

2. (2) A classification of high-hazard dam is automatically rescinded if the dam is constructed to impound less than 50 acre-feet measured to the maximum normal operating pool, or if the dam is breached.

   1. (a) A construction permit is necessary to perform the construction to reduce the impoundment capacity of the high-hazard dam or breach the high-hazard dam.

Authorizing statute(s): 85-15-110, MCA

Implementing statute(s): 85-15-209, MCA

History: NEW, 1988 MAR p. 2489, Eff. 11/24/88; AMD, 2012 MAR p. 1844, Eff. 9/21/12; AMD, 2024 MAR p. 2065, Eff. 8/24/24.