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



(b)  The board shall administer the dam and
reservoir safety program established by this chapter.  In carrying out this
chapter, the board shall cooperate, advise, consult, contract, and enter into
cooperative agreements with the United States government or any of its
agencies, other state agencies, and the county governments or any of their
agencies.  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, and
inspection of dams, reservoirs, and appurtenant works for the protection of
life and property from structural failure of dams and reservoirs;



(2)  Conduct investigations and the collection of
data, including technological advances made in dam and reservoir safety
practices elsewhere, as may be needed for the proper review and study of the
various features of the design, construction, repair, removal, inspection, operation,
maintenance, alteration, and enlargement of dams, reservoirs, and appurtenant
works.  The board may require submittal of reports of investigations from all
owners;



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



(4)  Be authorized to enter upon such private property
of 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.  The
entry 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 its
agents;



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



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



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



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



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



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



(11)  Appoint and remove agents and employees,
including hearing officers, specialists, and consultants, as necessary to carry
out the purposes of this chapter, who may be engaged by the board without
regard to the requirements of chapter 76;



(12)  Catalog and maintain an inventory of all
regulated dams and reservoirs in the State pursuant to this chapter without
regard to chapter 91;



(13)  Establish similar or consistent hazard potential
classifications in conjunction with other applicable state or federal
guidelines for all regulated dams and reservoirs in the State pursuant to this
chapter without regard to chapter 91;



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



(15)  Order the suspension, revocation, or both, of any
application approval or certificate of approval to impound for any act or
failure to comply with this chapter or with any rules or orders adopted
pursuant to this chapter, or with any of the conditions contained in or
attached to the application approval or certificate of approval to impound;



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



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



(18)  Enter private property and immediately take
actions necessary to provide protection to life or property at the owner's
expense, including removal of the dam or reservoir.  The entry shall not
constitute a cause of action in favor of the owner of the land, except for
damages resulting from wilful acts or gross negligence by the board or its
agents;



(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 or
reservoir in the same manner debts are recoverable by law;



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



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



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



(23)  Take any and all other actions as may be
necessary to carry out this chapter. [L 1987, c 199, pt of §1; am L 2007, c
262, §7]