15- 214 C.M.R. ch. 3, § 3.3

Current through 2024-51, December 18, 2024
Section 214-3-3.3 - THE CLASSES OF IMPOUNDING STRUCTURES
a. For the purposes of these regulations, existing or proposed impounding structures shall be classified as one of three categories in accordance with Table 1 of this chapter.
b. For the purposes of these regulations, hazards pertain to potential loss of human life or property damage(s) in the flood plain downstream from the structure in event of failure. Structures conforming to criteria for the "low hazard" potential category generally will be found in rural or agricultural areas where failure may damage some farm buildings, limited agricultural land, or country roads. "Significant hazard" potential category structures will be those located in predominantly rural or agricultural areas where failure may damage isolated homes, secondary highways, minor railroads, or other impounding structures or cause interruption of use of service of relatively important pubic [public] utilities. Impounding structures in the "high hazard" potential category will be those located where failure may cause serious damage to homes, extensive agricultural, industrial, and commercial facilities, important public utilities, main highways, railroads, or other impounding structures. Hazard potential classifications shall be proposed by the owner and shall be subject to approval by the Agency. Present and projected development of the flood plain downstream from the impounding structure shall be considered in determining the classification. Impounding structures shall be subject to reclassification as set forth in Section 1065 of Chapter 22, Title 37-B M.R.S.A.

TABLE I

Hazard Potential Classification

Category Urban Development Economic Loss
Low Hazard No permanent structure for human habitation Minimal (undeveloped to occasional structures or agriculture)
Significant Hazard No urban development and no more than a small number of habitable structures Appreciable (notable agriculture, industry, or structures)
High Hazard Urban development with more than a small number of habitable structures Excessive (extensive community, industry, or agriculture)

SOURCE: U.S. Army Corps of Engineers

15- 214 C.M.R. ch. 3, § 3.3