236.435. Permits required, when, procedure to obtain--chief engineer to make recommendation--exemptions--plans to be filed.
Permits required, when, procedure to obtain--chief engineer tomake recommendation--exemptions--plans to be filed.
236.435. 1. Prior to the commencement of the construction,alteration, enlargement, reduction or removal of a dam orreservoir, the owner shall apply to the council and uponsatisfying the requirements of sections 236.400 to 236.500 andthe rules, regulations and standards promulgated pursuant hereto,obtain a construction permit.
2. The application for a construction permit shall bear theseal and signature of an experienced professional engineerregistered in Missouri or employed by a qualified engineeringdivision of a state or federal agency regularly engaged in damconstruction for soil and water conservation, or irrigation orrelating to wildlife conservation and shall be accompanied by thedesign report and plans and specification of the proposed design,alteration, enlargement, reduction, repair or removal of the damor reservoir.
3. Any person constructing or owning a dam or reservoir, orliving or owning property in an area affected, or whose safetymay be affected by such dam or reservoir may consult with thechief engineer concerning such dam or reservoir.
4. The council upon hearing the recommendation of the chiefengineer shall approve or deny an application for a constructionpermit within forty-five days after its receipt or the completionof any hearings in connection with such application, whichever islater. The permit shall be issued upon the receipt of theapplication if, in the judgment of the council, requirements ofsections 236.400 to 236.500 and all standards, rules andregulations hereunder are satisfied and the design will beadequate to protect the public safety, life and property.
5. The council upon hearing the recommendation of the chiefengineer may reject the application if it decides that there isinsufficient information to determine the safety of the proposedconstruction, alteration, enlargement, reduction or removal ofthe dam or reservoir or that the construction, alteration,enlargement, reduction or removal of the dam or reservoir wouldendanger public safety, life or property, or otherwise not complywith sections 236.400 to 236.500 and any rules, standards,guidelines and regulations adopted hereunder.
6. A landowner who now owns or proposes to construct anagricultural dam or reservoir which will be used primarily foragricultural purposes will be exempt from all provisions ofsections 236.400 to 236.500. If the council with the advice ofthe chief engineer, determines that the dam or reservoir is nolonger used primarily for agricultural services, it shall becomesubject to the provisions of sections 236.400 to 236.500.
7. Dams or their construction, alterations, enlargements,reductions or removals designed by, and their construction,alteration, enlargement, reduction or repair or removal monitoredby, a qualified engineer regularly engaged in dam constructionfor soil and water conservation or irrigation or relating towildlife conservation are for the purposes of such constructionor other listed actions exempt from the provisions of thissection except that the plans for the dam shall be filed with thechief engineer prior to construction, or other listed action.Amended plans shall be filed at the completion of construction orother listed action if there have been significant deviationsfrom the previously filed plans.
(L. 1979 H.B. 603 § 8)