7 Del. Admin. Code § 5103-3.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 5103-3.0 - Permit-By-Rule

3.1 Applicability

3.1.1 These Regulations shall apply to any dam that is owned by the State or any county in the State, or any municipality, or any quasi-governmental agency of the State that is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier or from the lowest elevation of the outside limit of the barrier, or if it is not across a stream channel or watercourse, measured at maximum water storage elevation; or any dam having an impounding capacity, at maximum storage elevation, of 50 acre-feet or more; or any dam that is deemed by the Secretary to be a significant- or high-hazard potential structure due to its location or other physical characteristics.

3.1.2 It is unlawful to construct, reconstruct, enlarge, repair, alter, remove, maintain, operate, or abandon any dam or reservoir that comes under these Regulations except upon application approval of the Department.

3.2 Exclusions

3.2.1 These Regulations shall not apply to any dam that is not in excess of 6 feet in height regardless of storage capacity, or any dam having a storage capacity at maximum water storage elevation not greater than 15 acre-feet regardless of height, or any low-hazard potential dam constructed prior to June 30, 2004, unless deemed by the Secretary to be a significant or high-hazard potential structure due to its location or other physical characteristics.

3.2.2 These Regulations shall not apply to any private owner of a dam unless such owner executes a document with the Department requesting such coverage.

3.2.3 The requirements in these Regulations shall not apply to routine maintenance and operation not affecting the safety of the structure.

3.2.4 These Regulations do not apply to dams that are owned and operated by the Federal Government.

7 Del. Admin. Code § 5103-3.0