Section 45A. No person shall construct or materially alter a dam without applying for and receiving permit approval from the department. The approved permit shall be recorded at the registry of deeds in the county where the dam lies prior to commencement of construction. The application for a permit shall be made on such form or forms as prescribed by the commissioner. The application shall be accompanied by plans, specifications and related documents certified by a registered professional civil engineer. The commissioner shall approve or deny an application within 60 days after receipt. Construction of the dam shall be performed under the supervision of a registered professional civil engineer retained by the applicant and shall conform with the permit and its accompanying plans, specifications and related documents. The commissioner may require the engineer to submit periodic construction reports and drawings upon completion. If, after investigation of such periodic construction reports, the commissioner determines that construction does not conform to such plans and specifications, the commissioner may order the discontinuance of the project until such time as he is satisfied that the work shall be performed in accordance with such plans. The engineer shall certify, upon completion of the work, that the dam has been constructed in accordance with the permit.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title IV - Certain Writs and Proceedings in Special Cases
Chapter 253 - Mills, Dams and Reservoirs
Section 2 - Dams; Injury to Existing Mill; Prohibition
Section 4 - Overflow or Injury to Land; Action for Compensation; Limitation; Venue
Section 8 - Assessment of Damages
Section 9 - Height of Dam; Determination by Jury
Section 10 - Annual and Gross Damages; Assessment by Jury
Section 11 - Plaintiff; Right to Elect Gross Amount
Section 12 - Gross Amount; Time for Payment
Section 13 - Annual Compensation
Section 14 - Damages; Lien on Mill
Section 15 - Recovery of Damages; Enforcement of Lien
Section 16 - Sale on Execution
Section 20 - Existing Mills and Dams; Effect of This Chapter
Section 21 - Reassessment; New Action
Section 22 - Reassessment; Parties; Time
Section 23 - Costs; Avoidance by Offer to Pay Increased Compensation
Section 24 - Costs; Avoidance by Offer to Accept Smaller Compensation
Section 26 - Acceptance of Offer; Effect
Section 27 - Verdict; Effect Upon Action for New Damages
Section 28 - Tender; Effect on Costs
Section 29 - Tender; Judgment Upon Acceptance; Costs
Section 30 - Action; Joinder of Parties
Section 32 - Reversal of Judgment for Plaintiff; New Action; Time Limit
Section 33 - Overflowing Public Ways; Petition
Section 35 - Change of Grade of Ways; Power of Commissioner to Order
Section 36 - Damages; Duty of Commissioner to Assess
Section 38 - Order of Commissioner; Compliance; Exoneration From Criminal Liability
Section 39 - Dam to Flow Cranberry Land; Erection; License
Section 40 - Expense; Apportionment; Appeal
Section 41 - Ice Ponds; Erection of Dams; Consent of Owners; Damages
Section 42 - Land Flowed; Compensation
Section 44 - Definitions Applicable to Secs. 44 to 48b
Section 45a - Construction or Alteration of Dams; Permit Approval
Section 46 - Dam Inspection Form; Evaluation, Examination and Tests; Costs and Penalties
Section 46a - Dam Approval; Certificate of Compliance
Section 47 - Unsafe or Inadequate Dams; Action by Commissioner; Enforcement; Regulations
Section 48 - Costs; Lien; Enforcement
Section 48a - Dam Inspection and Regulation Program; Effectiveness Report
Section 48b - Liability of Owner
Section 49 - Acts of Commissioner; Effect on Liability of Owners
Section 50a - Roll Dams; Warning Signs; Failure to Comply
Section 51 - Power of Majority
Section 52 - Meeting of Proprietors
Section 54 - Repairs and Rebuilding; Mills and Dams
Section 55 - Expense of Work; Apportionment
Section 56 - Lien for Advancements
Section 58 - Tenants and Remainderman; Apportionment of Expenses
Section 59 - Mortgagor and Mortgagee; Apportionment of Expenses