Section 540.446 - Dams not subject to ORS 540.443 to 540.491(1) ORS 540.443 to 540.491 do not apply to:(a) A dam that is less than 10 feet in height; or(b) A dam that impounds less than 3 million gallons of water or wastewater.(2) Except as provided in this subsection, ORS 540.443 to 540.491 do not apply to dams regulated under a federal dam safety program. If there is a potential or actual risk of dam failure at a dam regulated under a federal dam safety program, the Water Resources Department may aid in the inspection of the dam and may provide advice and assistance to prevent, mitigate or respond to a potential or actual dam failure.