ORS 540.449: Construction plan approval; fees; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A person may not construct a dam unless the Water Resources Department has examined the site, plans and specifications, features and other supporting information regarding the construction and operation of the dam and has approved them in writing. (2) Except as provided in this subsection, a dam may not be used to impound water or wastewater until final documentation for the site, plans and specifications, features and other supporting information of the dam has been submitted to and accepted by the department after completion of construction. The Water Resources Commission may adopt rules to allow all or a portion of a previously authorized impoundment during construction work on a dam that is undergoing modification. (3) The department may charge a fee for an examination under subsection (1) of this section of information regarding construction of a new dam or construction to modify dam height. The fee may not exceed the lesser of the costs of providing the examination or: (a) $1,750 for a dam that has a low hazard rating; (b) $3,500 for a dam that has a significant hazard rating; or (c) $8,500 for a dam that has a high hazard rating. (4) The department may waive the requirements in subsections (1) and (2) of this section as necessary to address an actual or potential dam failure that poses an imminent risk to life, property or public infrastructure, including but not limited to waiving the requirements for actions identified in an emergency action plan. [2019 c.390 §4]
Administrative rules citing this section
- OAR 690-013-0005: Introduction — implements
- OAR 690-013-0010: Definitions — implements
- OAR 690-013-0030: Eligibility to Petition — implements
- OAR 690-013-0050: Individual Applications — implements
- OAR 690-013-0070: Interim Transfers — implements
- OAR 690-013-0100: District Petitions — implements
- OAR 690-013-0110: Requests for Additional Information — implements
- OAR 690-013-0150: District Shall Certify Petition — implements
- OAR 690-013-0310: Processing of Petition — implements
- OAR 690-013-0350: Field Verification of the Petition and Map — implements
- OAR 690-020-0035: Minimum Engineering Requirements for Final Design of New Dams or to Increase Dam Height — implements
- OAR 690-020-0036: Design Requirements for New Dams or to Increase Dam Height: Site Suitability and Geotechnical Evaluation — implements
- OAR 690-020-0037: Design Requirements for New Dams or to Increase Dam Height: Hydrology and Inflow Design Flood — implements
- OAR 690-020-0038: Design Requirements for New Dams or to Increase Dam Height: Embankment Dam Structures — implements
- OAR 690-020-0041: Design Requirements for New Dams or to Increase Dam Height: Concrete Dam Structures — implements
- OAR 690-020-0042: Minimum Design Requirements for New Dams or to Increase Dam Height: Spillways — implements
- OAR 690-020-0043: Design Requirements for New Dams or to Increase Dam Height: Penetrating Conduit(s) and Control of Flow through Conduits — implements
- OAR 690-020-0044: Design Requirements for New Dams or to Increase Dam Height: Instrumentation for Monitoring — implements
- OAR 690-020-0047: Design Requirements for New Dams or to Increase Dam Height: Geosynthetics — implements
- OAR 690-020-0048: Exceptions to Standard Design Requirements — implements
- OAR 690-020-0055: Design Requirements for New Dams or to Increase Dam Height: Design Drawings — implements
- OAR 690-020-0060: Design Requirements for New Dams or to Increase Dam Height: Construction Specifications — implements
- OAR 690-020-0065: Plan Requirements for New Dams or to Increase Dam Height: Construction Administration — implements
- OAR 690-020-0068: Plan Requirements for New Dams or to Increase Dam Height: Operations and Maintenance Plan — implements
- OAR 690-020-0070: New Dams or to Increase Dam Height: Submittals and Notifications by the Engineer of Record — implements
- OAR 690-020-0080: New Dams, or to Increase Dam Height, Written Approval by State Engineer — implements
- OAR 690-020-0400: Emergency Action Plans (EAP) — implements
- OAR 690-020-0420: Immediate Action to Prevent Dam Failure — implements
- OAR 690-020-0600: Civil Penalty Assessment for Dam Safety — implements
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Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors540.html