2007 Minnesota Statutes

103G.515 EXAMINATION AND REPAIR OF DAMS AND RESERVOIRS.
    Subdivision 1. Examination of structure. The commissioner may examine a reservoir,
dam, control structure, or waterway obstruction after receiving a complaint or determining an
examination is needed. The commissioner, or an authorized agent, must be granted access at any
reasonable time to examine the reservoir, dam, control structure, or waterway obstruction.
    Subd. 2. Additional engineering investigations. (a) After making an examination, if the
commissioner determines that additional engineering investigations are necessary to determine
the safety of a dam, reservoir, control structure, or waterway obstruction and the nature and
extent of the necessary repairs or alterations, the commissioner must notify the owner to have
investigations made at the owner's expense.
(b) The result of the investigation must be filed with the commissioner for use in determining
the condition of the structures and the need for their repair, alteration, or removal.
    Subd. 3. Repair, alteration, or removal required. (a) If the commissioner determines
that the reservoir, dam, control structure, or waterway obstruction is unsafe or needs repair or
alteration, the commissioner shall notify the owner of the structure with an order to repair, alter,
or remove the structure. The order must be issued in the same manner as if the owner had applied
for a permit for the repairs, alterations, or removal.
(b) The engineering investigations or the work of repair, alteration, or removal must begin
and be completed within a reasonable time prescribed by the commissioner.
    Subd. 4. Dam inspection fee. (a) The commissioner shall adopt rules which must include a
fee schedule to cover the cost of dam inspection and must classify structures to adequately define
risks and hazards involved in relation to public health, safety, and welfare.
(b) The rules may not impose a field inspection fee on any state agency, political subdivision
of the state, or federal governmental agency.
    Subd. 5. Removal of hazardous dams. Notwithstanding any provision of this section or of
section 103G.511 relating to cost sharing or apportionment, the commissioner, within the limits of
legislative appropriation, may assume or pay the entire cost of removal of a privately or publicly
owned dam upon determining that continued existence of the structure presents a significant
public safety hazard, or prevents restoration of an important fisheries resource, or that public or
private property is being damaged due to partial failure of the structure, and that an attempt to
assess costs of removal against the private or public owner would be of no avail.
History: 1990 c 391 art 7 s 46; 1995 c 218 s 17