§179D-6  General powers and duties of theboard of land and natural resources.  (a)  All dams or reservoirs in theState shall be under the jurisdiction of the board until the board declareswhich dams or reservoirs are to be removed from its jurisdiction.

(b)  The board shall administer the dam andreservoir safety program established by this chapter.  In carrying out thischapter, the board shall cooperate, advise, consult, contract, and enter intocooperative agreements with the United States government or any of itsagencies, other state agencies, and the county governments or any of theiragencies.  In the performance of its duties, the board shall:

(1)  Establish by rules adopted under chapter 91,policies, requirements, or standards governing the design, construction,operation, maintenance, enlargement, alteration, repair, removal, andinspection of dams, reservoirs, and appurtenant works for the protection oflife and property from structural failure of dams and reservoirs;

(2)  Conduct investigations and the collection ofdata, including technological advances made in dam and reservoir safetypractices elsewhere, as may be needed for the proper review and study of thevarious features of the design, construction, repair, removal, inspection, operation,maintenance, alteration, and enlargement of dams, reservoirs, and appurtenantworks.  The board may require submittal of reports of investigations from allowners;

(3)  Conduct investigations and require reports fromall owners to be made from time to time, including watershed investigations andstudies, as may be necessary to keep abreast of developments affecting streamrunoff and as required to facilitate its decisions;

(4)  Be authorized to enter upon such private propertyof the dam or reservoir as may be necessary in making, at the owner's expense,any investigation or inspection required or authorized by this chapter.  Theentry shall not constitute a cause of action in favor of the owner of the land,except for damages resulting from wilful acts or negligence by the board or itsagents;

(5)  Require the owners to apply for, and obtain fromthe board written approval of plans and specifications on the construction ofany new dam or reservoir or the enlargement of any dam or reservoir prior tocommencement of any work;

(6)  Require the owners to file an application andsecure the written approval of the board before commencing the repair,alteration, or removal of a dam or reservoir, including the alteration orremoval of a dam or reservoir so that it no longer constitutes a dam orreservoir as defined in this chapter.  Repairs shall not be deemed to apply toroutine maintenance not affecting the safety of the structure;

(7)  Require owners to secure the written approval ofthe board to impound water;

(8)  Require fees to cover the board's costs incarrying out the administration of dam and reservoir safety;

(9)  Cooperate with all public and private agenciescreated for the purpose of enhancing dam and reservoir safety activities andtraining, assist these organizations and agencies in coordinating the use oftheir facilities, and participate in the exchange of ideas, knowledge, and datawith these organizations and agencies;

(10)  Prepare, publish, and issue printed pamphlets,bulletins, or advisories, or conduct training as the board deems necessary forthe dissemination of information to the public;

(11)  Appoint and remove agents and employees,including hearing officers, specialists, and consultants, as necessary to carryout the purposes of this chapter, who may be engaged by the board withoutregard to the requirements of chapter 76;

(12)  Catalog and maintain an inventory of allregulated dams and reservoirs in the State pursuant to this chapter withoutregard to chapter 91;

(13)  Establish similar or consistent hazard potentialclassifications in conjunction with other applicable state or federalguidelines for all regulated dams and reservoirs in the State pursuant to thischapter without regard to chapter 91;

(14)  Examine and approve or disapprove applicationsfor approval of construction, enlargement, repair, alteration, or removal of adam or reservoir and applications for certificates of approval to impound;

(15)  Order the suspension, revocation, or both, of anyapplication approval or certificate of approval to impound for any act orfailure to comply with this chapter or with any rules or orders adoptedpursuant to this chapter, or with any of the conditions contained in orattached to the application approval or certificate of approval to impound;

(16)  Issue orders requiring the adoption by an ownerof remedial measures necessary for the safety of life or public or privateproperty, or for carrying out this chapter or rules issued under this chapter;

(17)  Order the immediate cessation of any act that isstarted or continued without an application approval or certificate of approvalto impound as required by this chapter;

(18)  Enter private property and immediately takeactions necessary to provide protection to life or property at the owner'sexpense, including removal of the dam or reservoir.  The entry shall notconstitute a cause of action in favor of the owner of the land, except fordamages resulting from wilful acts or gross negligence by the board or itsagents;

(19)  Recover from the owner, in the name of the State,the expenses incurred in taking any action required by the owner of the dam orreservoir in the same manner debts are recoverable by law;

(20)  Assess civil penalties for violation of thischapter or any rule or standard adopted or order issued by the board pursuantto this chapter;

(21)  Place liens, as needed, on the owner's property,to be collected as delinquent taxes against the lands and property, if theowner neglects to pay any costs, expenses, or penalties chargeable to the ownerunder this chapter or any rule, order, or condition adopted, issued, orrequired under this chapter;

(22)  With the assistance of the attorney general,institute and prosecute all court actions that may be necessary to obtain theenforcement of any order issued by the board in carrying out this chapter; and

(23)  Take any and all other actions as may benecessary to carry out this chapter. [L 1987, c 199, pt of §1; am L 2007, c262, §7]