Vermont Statutes Title 10 Sec. 1105
Terms Used In Vermont Statutes Title 10 Sec. 1105
- Dam: includes an artificial barrier that meets all of the following:
- Engineer: means a professional engineer licensed under Title 26 who has experience in the design and investigation of dams. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nonfederal dam: means a dam that is not a federal dam. See
- Person: means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 1105. Inspection of dams
(a) Inspection; schedule. All nonfederal dams in the State shall be inspected according to a schedule adopted by rule by the State agency having jurisdiction over the dam.
(b) Dam inspection. A nonfederal dam in the State shall be inspected under one or both of the following methods:
(1) The State agency having jurisdiction over a dam may employ an engineer to make periodic inspections of nonfederal dams in the State to determine their condition and the extent, if any, to which they pose a possible or probable threat to life and property.
(2) The State agency having jurisdiction shall adopt rules pursuant to 3 Vt. Stat. Ann. chapter 25 to require an adequate level of inspection by an independent engineer.
(c) Dam safety reports. If a dam inspection report is completed by the State agency having jurisdiction, the agency shall provide the person owning legal title to the dam or the owner of the land on which the dam is located with a copy of the inspection report. (Added 1981, No. 242 (Adj. Sess.), § 13; amended 1985, No. 60; 2015, No. 23, § 98; 2017, No. 161 (Adj. Sess.), § 1.)