All existing and proposed dams shall be classified by the commissioner into the following three hazard classes: those dams where failure, misoperation, or other occurrences or conditions would probably result in:
Class I: any loss of life or serious hazard, or damage to health, main highways, high-value industrial or commercial properties, major public utilities, or serious direct or indirect, economic loss to the public;
Class II: possible health hazard or probable loss of high-value property, damage to secondary highways, railroads or other public utilities, or limited direct or indirect economic loss to the public other than that described in Class III; and
Class III: property losses restricted mainly to rural buildings and local county and township roads which are an essential part of the rural transportation system serving the area involved.
Any dam whose failure, misoperation, or other occurrences or conditions would result only in damages to the owner and would not otherwise affect public health, safety, and welfare as described in Classes I, II, and III, shall not be subject to this hazard classification. A dam which is not classified as a hazard Class I, II, or III dam, and those which are not included in the definition of dam at part 6115.0230, subpart 5, definition of dam, shall be subject to applicable provisions of parts 6115.0200 to 6115.0260, and shall not be subject to these dam safety rules. Changes in development in the vicinity of the dam may result in future reclassification.
MS s 105.535
June 11, 2008