§ 143-215.25A. Exempt dams.
§ 143‑215.25A. Exemptdams.
(a) Except as otherwiseprovided in this Part, this Part does not apply to any dam:
(1) Constructed by theUnited States Army Corps of Engineers, the Tennessee Valley Authority, oranother agency of the United States government, when the agency designed orapproved plans for the dam and supervised its construction.
(2) Constructed withfinancial assistance from the United States Soil Conservation Service, whenthat agency designed or approved plans for the dam and supervised itsconstruction.
(3) Licensed by theFederal Energy Regulatory Commission, or for which a license application ispending with the Federal Energy Regulatory Commission.
(4) For use inconnection with electric generating facilities regulated by the Nuclear RegulatoryCommission.
(5) Under a singleprivate ownership that provides protection only to land or other property underthe same ownership and that does not pose a threat to human life or propertybelow the dam.
(6) That is less than 15feet in height or that has an impoundment capacity of less than 10 acre‑feet,unless the Department determines that failure of the dam could result in lossof human life or significant damage to property below the dam.
(b) The exemption fromthis Part for a dam described in subdivisions (1) and (2) of subsection (a) ofthis section does not apply after the supervising federal agency relinquishesauthority for the operation and maintenance of the dam to a local entity. (1993, c. 394, s. 3; 2009‑390,s. 3(a).)