§ 73-5a-202 — Submission of plans.

(1) Before a dam is constructed, enlarged, repaired, altered, removed, or abandoned, plans for the work shall be submitted to the state engineer for his approval, unless the dam:

(1)(a) impounds less than 20 acre-feet of water; and
(1)(b) is not classified as a high hazard structure under Section 73-5a-106.
(2) (2)(a) The plans shall be submitted 90 days before:
(2)(a)(i) awarding the construction contract; or
(2)(a)(ii) the commencement of construction, if the owner constructs the dam.
(2)(b) The state engineer may shorten the 90-day review period if the owner and the design engineer submit satisfactory preliminary plans and design reports for review.
(3) The state engineer may waive the requirement of plans if it can be demonstrated that failure of the proposed dam:

(3)(a) does not constitute a threat to human life; and
(3)(b) may result in only minor property damage that would be limited to property held by the owner of the structure.

Legislative History

Amended by Chapter 177, 2009 General Session