Massachusetts General Laws
Chapter 253 - Mills, Dams and Reservoirs
Section 46 - Dam Inspection Form; Evaluation, Examination and Tests; Costs and Penalties

Section 46. The owner of any dam shall cause to be filed with the commissioner, on or before January 1, 2004, and periodically thereafter, as required by regulation, in accordance with the hazard potential classification of the dam, as noted in the certificate of the registration, on a form or forms prescribed by the commissioner, a dam inspection form, containing information relative to the present condition, safety and adequacy of the dam and such other information as the commissioner may require by regulation, signed by a registered professional civil engineer. Failure to file a dam inspection form by the time prescribed, according to the classification of the dam, shall subject the owner to fines prescribed by regulation, and an inspection by the commissioner who may enter the property of the owner to perform his own inspection. The cost of the inspection plus interest shall be assessed against the owner. If the commissioner determines the dam to be unsafe or abandoned after receiving the dam inspection form, after the commissioner's inspection, or at any other time, the commissioner may within a period of time fixed by regulation order the owner of the dam to: (1) take immediate corrective action, including the alteration, repair or removal of the dam or drawing down of the impounded water to abate a threat to safety and property; or (2) cause a thorough evaluation of the dam by a registered professional civil engineer, who shall recommend the course of action necessary to bring the dam into a safe condition or to safely remove the dam and establish a time schedule by which the work shall be accomplished. The evaluation shall include such tests as the commissioner may require. The commissioner shall record notice of such order in the registry of deeds in the county where the dam lies. The cost of such recording, plus interest from the date of recording, may be assessed against the owner. If the commissioner orders an evaluation, the owner shall meet with the representatives of the commissioner to establish the course of action and schedule for completion. Notice of such work and schedule for completion shall be provided to the owner and recorded by the commissioner in the registry of deeds in the county where the dam lies. The commissioner may inspect the work to the extent necessary to establish compliance with the order. When the work has been completed, the owner shall file plans and descriptions of the work with the commissioner as actually constructed, together with any other pertinent and required data. The commissioner may make examinations and tests as he deems necessary. The costs of the examinations and tests may be assessed against the owner plus interest from the date of the assessment. Proof of prior satisfactory inspection of a dam within the appropriate time period for that dam, as defined by the inspection schedule established under regulations promulgated by the commissioner, may be deemed sufficient for the purpose of filing the dam inspection form required by this section. In no case shall this provision allow a dam to exceed the maximum time period between inspections as established by regulation.

Structure Massachusetts General Laws

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 1 - Erection

Section 2 - Dams; Injury to Existing Mill; Prohibition

Section 3 - Height of Water

Section 4 - Overflow or Injury to Land; Action for Compensation; Limitation; Venue

Section 7 - Jury

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 17 - Redemption

Section 18 - Costs

Section 19 - Remedies

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 25 - Offer to Tenants

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 34 - Notice

Section 35 - Change of Grade of Ways; Power of Commissioner to Order

Section 36 - Damages; Duty of Commissioner to Assess

Section 37 - Costs

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 43 - Security

Section 44 - Definitions Applicable to Secs. 44 to 48b

Section 45 - Dam Registration Form; Failure to File; Penalties; Notice on Transfer of Legal Title or Change

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 50 - Jurisdiction

Section 50a - Roll Dams; Warning Signs; Failure to Comply

Section 51 - Power of Majority

Section 52 - Meeting of Proprietors

Section 53 - Notice

Section 54 - Repairs and Rebuilding; Mills and Dams

Section 55 - Expense of Work; Apportionment

Section 56 - Lien for Advancements

Section 57 - Guardian; Powers

Section 58 - Tenants and Remainderman; Apportionment of Expenses

Section 59 - Mortgagor and Mortgagee; Apportionment of Expenses

Section 60 - Tenant in Tail

Section 61 - Advancement for Repairs; Recovery

Section 62 - Contracts; Effect of This Chapter