11 Miss. Code. R. 7-3.2 - Permitting Applicability, Exceptions, and Limitations

A. Applicability

(1) Except as otherwise provided in this section, any person or entity proposing to construct, enlarge, repair, or alter a dam or reservoir in the state of Mississippi must obtain a permit from the Permit Board, or its designee, prior to commencement of any site work related to the project. Application for such permits shall be made on a form prescribed by the Board and will be processed by the Board in accordance with Mississippi Code Annotated, Section 49-17-29.

(2) The Board may require submittal of any information deemed necessary to evaluate a proposal to construct, enlarge, repair, or alter a dam or reservoir. Once the Board has authorized the project, the applicant shall not modify the approved design, plans, specifications, or construction methods, or act according to such modified documents, without first obtaining a revised permit from the Permit Board.

(3) Any person intending to acquire the right to store or use water from a reservoir formed by a dam, regardless of whether or not a permit is required under this regulation, shall submit an application for a surface water use permit to MDEQ in accordance with Mississippi Code Annotated, Sections 51-3-5 and 51-3-7, and the regulations of the Commission promulgated thereunder.

B. Exceptions

(1) A permit is not required for emergency repairs to a dam which is in imminent danger of failing. However, the dam owner shall report such emergency repairs to MDEQ by close of business on the next business day following the incident and file a written report with MDEQ within five (5) days of the incident.

(2) A permit shall not be required for:

(a) a peripheral dam or barrier eight (8) feet or less in height, measured from the point of lowest elevation of its toe, regardless of the impounded storage volume; or

(b) a dam that impounds twenty-five (25) acre-feet or less at maximum storage volume; or

(c) a dam that does not impound a watercourse with a continuous flow of water, as determined by the Commission;

Any person or entity proposing to construct, enlarge, repair, or alter any dam or reservoir in reliance upon the provisions of Rule 3.2.B.2.a through c to exempt the project from the requirement to obtain a permit must submit a notification of the planned project to MDEQ prior to the onset of construction. If, upon review of such notification, the Commission determines that the proposed dam poses a potential threat to downstream lives and property; the person or entity proposing the project may be required to comply with design and safety requirements contained in Rule 3.4 of this regulation. The Commission may enforce compliance with such design and safety standards in the interest of public safety, notwithstanding the fact that a permit may not be required for the project. The pre-construction notification shall be submitted on a form prescribed by the Permit Board.

(3) Prior authorization is not required for recurring routine maintenance activities including but not limited to mowing, grading or filling ruts in roadways that cross the dam, filling ruts or repairing other surface damage caused by vehicles or animals on the slopes, filling eroded areas in the surface of an embankment to establish or maintain the turf, or other similar activities.

C. Limitations

(1) The Board's receipt, comment, or approval of any design, construction, or modification does not relieve the dam's owner, consulting engineer, consulting geologist, contractor, equipment supplier, attorney, or any other party of any liabilities or responsibilities. Board and/or MDEQ approval of, or comment on, any document does not establish or convey any liability or responsibility to the Board and/or MDEQ, nor does such approval or comment represent any assurances that the project will comply with any authorization requirements or otherwise perform as intended by the owner, consulting engineer, consulting geologist, contractor, equipment supplier, attorney or other parties. The dam owner and/or any person responsible for constructing, enlarging, repairing, or altering a dam or reservoir shall comply with all conditions of the Board's authorization to construct and ensure that all construction, operation, and maintenance activities achieve such compliance. It is the responsibility of the dam owner/applicant to obtain all other approvals, permits, clearances, easements, and/or agreements for the construction and/or operation of the dam which may be required by federal, state, or local law or regulation.

(2) Permits issued by the Board expire one (1) year from the date of issuance if work has not commenced on the project. If the work cannot be commenced within the one-year period, the dam owner or any other person responsible for the project must request a time extension from the Board, in writing, at least thirty (30) days prior to the expiration of the one-year authorization period. The written request shall provide an explanation of project delays and an estimated construction commencement date. The Board will normally grant a time extension; unless the Board determines that circumstances surrounding the project have so changed that the construction and operation of the dam as originally proposed would violate state or federal laws or regulations. If the applicant allows the authorization to expire, a new application must be submitted and approved prior to the onset of construction.

(3) The hazard classification assigned to a dam by the Board is subject to change based on future developments that may increase the potential threat to life and property in the event of a dam failure. The dam owner and/or any person responsible for the construction and/or operation of a dam or reservoir assume all risks associated with designing and constructing the dam to meet less than the most stringent design criteria for high-hazard dams, including the risk of having to make modifications to the dam to meet future heightened regulatory requirements associated with a change in classification.

Notes

11 Miss. Code. R. 7-3.2

Miss. Code Ann. §§ 51-3-1, et seq., 49-2-1, et seq. and 49-17-1, etseq.

Amended 7/13/2018