Permit Information for Dam Owners Pertaining to Dam Construction, Repair, Material Alterations, Breach or Removal
In accordance with MGL Chapter 253 and 302 CMR 10.09 and 10.10:
Any person(s), who proposes to construct, repair, materially alter, breach or remove a dam, pursuant to M.G.L. Chapter 253, as amended by Chapter 330 of the Acts of 2002, must file with the Commissioner a notice for jurisdictional determination and/or file for a permit (if applicable). Further, any maintenance work or water level change(s) that affect safety conditions must file for a determination. No work is to commence before a determination is made by the Commissioner (PART A).
If the Commissioner determines that the proposed work falls within the jurisdiction of M.G.L. Chapter 253 the Owner(s) must apply for a permit (PART B).
The application and notices shall be sent by certified mail or delivered to DCR, Office of Dam Safety -Permits Section. All permit applications must comply with design and construction criteria as specified in 302 CMR 10.00: Dam Safety Rules and Regulations effective November 4, 2005. Certain dams and reservoirs as defined in 302 CMR 10.00 are excluded from filing. Also, the approval of the Commissioner shall not apply to small dams or embankments constructed for irrigation, detention, storage tanks, or other purposes that impounds less than 15 acre-feet, regardless of height and is not in excess of 6 feet in height, regardless of storage capacity provide that any discharge(s) shall not materially affect property.
Any action taken by the Commissioner in regard to this application does not release the owner(s) from the requirements of any other law or regulatory authority.