Rule 391-3-8-.04 - Scope and Exclusions(1) These rules and regulations shall apply to any dams or artificial barriers existing or constructed in Georgia except for the following: (a) Any dam owned and operated by any department or agency of the United States government;(b) Any dam constructed or financially assisted by the United States Natural Resources Conservation Service or any other department or agency of the United States government. This exemption only applies when such department or agency designed or approved plans and supervised construction, and maintains a regular program of inspection of the dam. This exemption shall cease on November 1, 1995, for all such dams for which the supervising federal agency has relinquished authority for operation and maintenance to a person, unless the supervising federal agency certifies by the said date and at least biannually thereafter to the Director that such dams are in compliance with requirements of this part, including minimum spillway design, and with the maintenance standards of the supervising federal agency;(c) Any dam licensed by the Federal Energy Regulatory Commission, or for which a licensed application is pending with the Federal Energy Regulatory Commission;(d) Any dam classified as a Category II Dam;(e) Any artificial barrier, except as provided in Rule 391-3-8-.02(h), constructed in connection with and incidental to surface mining, provided that upon completion of mining the impoundment created by the barrier is drained and reclaimed or stabilized as a lake pursuant to a mined land use plan approved by the Director pursuant to the Georgia Surface Mining Act;(f) Any artificial barrier which is not in excess of 6 feet in height, regardless of storage capacity, or which has a storage capacity at maximum water storage elevation not in excess of 15 acre-feet, regardless of height.(2) The terms "dam owner" or "dam operator" in this chapter shall not refer to the owner of fee title to land on which a dam exists that was constructed by a governmental entity and for which a governmental entity has an easement. In such cases, the terms "dam owner" or "dam operator" in this chapter shall refer to the governmental entity that has an easement. The fee title land owner is not responsible for operating, maintaining, and/or inspecting the dam in such situations.Ga. Comp. R. & Regs. R. 391-3-8-.04
O.C.G.A. §§ 12-5-370 through 12-5-385.
Original Rule entitled "Application for a Permit" was filed as Emergency Rule 391-3-8-0.5-.04 on August 28, 1978, effective July 28, 1978, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.Amended: Permanent Rule of the same title adopted superseding Emergency Rule 391-3-8-0.5-.04. Filed August 31, 1978; effective September 20, 1978.Amended: Rule renumbered as Rule 391-3-8-.05 and Rule 391-3-8-.03 entitled "Scope and Exclusions" repealed and a new Rule of the same title adopted as Rule 391-3-8-.04. Filed October 29, 1985; effective November 18, 1985.Amended: F. Aug. 31, 1990; eff. Sept. 20, 1990.Amended: F. Oct. 5, 1998; eff. Oct. 25, 1998.Amended: Title changed from"Scope and Exclusions. Amended" (as recorded in the Official Compilation, eff. Nov. 18, 1985) to "Scope and Exclusions." F. Sep. 13, 2016; eff. Oct. 3, 2016.