Ariz. Admin. Code § R12-15-1203 - Exempt Structures

The following structures are exempt from regulation by the Department:

1. Any artificial barrier identified as exempt on Table 1 and defined as follows:

a. Less than 6 feet in height, regardless of storage capacity.

b. Between 6 and 25 feet in height with a storage capacity of less than 50 acre-feet.

c. Greater than 25 feet in height with 15 acre-feet or less of storage capacity.

2. A dam owned by the federal government. A dam designed by the federal government for any non-federal entity or person that will subsequently be owned or operated by a person or entity defined as an owner in A.R.S. § 45-1201 is subject to jurisdiction, beginning with design and construction of the dam.

3. A dam owned or operated by an agency or instrumentality of the federal government, if a dam safety program at least as stringent as this Article is applicable to and enforced against the agency or instrumentality.

4. A transportation structure such as a highway, road, or railroad fill that exists solely for transportation purposes. A transportation structure designed, constructed, or modified with the intention of impounding water on an intermittent or permanent basis and meeting the definition of dam in A.R.S. § 45-1201 is subject to jurisdiction.

5. A levee constructed adjacent to or along a watercourse, primarily to control floodwater.

6. A self-supporting concrete or steel water storage tank.

7. An impoundment for the purpose of storing liquid-borne material.

8. A release-contained barrier as defined by A.R.S. § 45-1201(5).

Notes

Ariz. Admin. Code § R12-15-1203

Adopted effective November 2, 1978 (Supp. 78-6). Former Section R12-15-03 renumbered without change as Section R12-15-1203 effective October 8, 1982 (Supp. 82-5). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).