Subdivision 1. Examining structures. The commissioner may examine a reservoir, dam, control structure, or waterway obstruction after receiving a complaint or determining an examination is needed. The commissioner, or an authorized agent, must be granted access at any reasonable time to examine the reservoir, dam, control structure, or waterway obstruction.
Subd. 2. Additional engineering investigations. (a) After making an examination, if the commissioner determines that additional engineering investigations are necessary to determine the safety of a dam, reservoir, control structure, or waterway obstruction and the nature and extent of the necessary repairs or alterations, the commissioner must notify the owner to have investigations made at the owner's expense.
(b) The result of the investigation must be filed with the commissioner for use in determining the condition of the structures and the need for their repair, alteration, or removal.
Subd. 3. Repair, alteration, or removal required. (a) If the commissioner determines that the reservoir, dam, control structure, or waterway obstruction is unsafe or needs repair or alteration, the commissioner shall notify the owner of the structure with an order to repair, alter, or remove the structure. The order must be issued in the same manner as if the owner had applied for a permit for the repairs, alterations, or removal.
(b) The engineering investigations or the work of repair, alteration, or removal must begin and be completed within a reasonable time prescribed by the commissioner.
Subd. 4. Dam inspection fee. (a) The commissioner shall adopt rules which must include a fee schedule to cover the cost of dam inspection and must classify structures to adequately define risks and hazards involved in relation to public health, safety, and welfare.
(b) The rules may not impose a field inspection fee on any state agency, political subdivision of the state, or federal governmental agency.
Subd. 5. Removing hazardous dams. Notwithstanding any provision of this section or of section 103G.511 relating to cost sharing or apportionment, the commissioner, within the limits of legislative appropriation, may assume or pay the entire cost of removal of a privately or publicly owned dam upon determining removal provides the lowest cost solution and:
(1) that continued existence of the structure presents a significant public safety hazard, or prevents restoration of an important fisheries resource; or
(2) that public or private property is being damaged due to partial failure of the structure.
1990 c 391 art 7 s 46; 1995 c 218 s 17; 2010 c 361 art 4 s 59
Structure Minnesota Statutes
Chapter 103G — Waters Of The State
Section 103G.001 — Citation; Water Law.
Section 103G.005 — Definitions.
Section 103G.101 — Water Conservation Program.
Section 103G.105 — Cooperation With Other Agencies.
Section 103G.111 — Representing State In Water Issues.
Section 103G.115 — Enjoining Water-flow Interference Outside State.
Section 103G.121 — Commissioner's Authority To Investigate And Construct Projects.
Section 103G.125 — Director's Authority.
Section 103G.127 — Permit Program Under Section 404 Of Federal Clean Water Act.
Section 103G.131 — Venue Of Certain Actions.
Section 103G.135 — Enforcing Commissioner's Orders.
Section 103G.145 — Application.
Section 103G.201 — Public Waters Inventory.
Section 103G.205 — Effect Of Public Waters Designation.
Section 103G.211 — Draining Public Waters Prohibited Without Replacement.
Section 103G.215 — Agricultural Use Of Public Waters During Drought.
Section 103G.217 — Driftless Area; Water Resources.
Section 103G.221 — Draining Public Waters Wetlands.
Section 103G.2212 — Contractor's Responsibility When Work Drains Or Fills Wetlands.
Section 103G.222 — Replacement Of Wetlands.
Section 103G.223 — Calcareous Fens.
Section 103G.2241 — Exemptions.
Section 103G.2242 — Wetland Value Replacement Plans.
Section 103G.2243 — Local Comprehensive Wetland Protection And Management Plans.
Section 103G.2244 — Wetland Creation Or Restoration Within Pipeline Easement.
Section 103G.225 — State Wetlands And Public Drainage Systems.
Section 103G.2251 — State Conservation Easements; Wetland Bank Credit.
Section 103G.231 — Property Owner's Use Of Public Waters Wetlands.
Section 103G.235 — Restrictions On Access To Wetlands.
Section 103G.2364 — Property Owner's Use Of Wetlands.
Section 103G.2365 — Controlling Noxious Weeds.
Section 103G.237 — Compensation For Loss Of Private Use.
Section 103G.2372 — Enforcement.
Section 103G.2374 — Electronic Transmission.
Section 103G.2375 — Assumption Of Section 404 Of Federal Clean Water Act.
Section 103G.241 — Contractor's Responsibility When Work Affects Public Waters.
Section 103G.245 — Work In Public Waters.
Section 103G.251 — Investigating Activities Affecting Waters Of The State.
Section 103G.255 — Allocating And Controlling Waters Of The State.
Section 103G.261 — Water Allocation Priorities.
Section 103G.265 — Water Supply; Management.
Section 103G.27 — Water Management Account.
Section 103G.271 — Appropriation And Use Of Waters.
Section 103G.275 — Installation For Water Use.
Section 103G.281 — Water Use Prohibited Without Measuring Quantities.
Section 103G.282 — Monitoring To Evaluate Impacts From Appropriations.
Section 103G.285 — Surface Water Appropriations.
Section 103G.287 — Groundwater Appropriations.
Section 103G.289 — Well Interference; Well Sealing.
Section 103G.291 — Public Water Supply Plans; Appropriation During Deficiency.
Section 103G.293 — Statewide Drought Plan.
Section 103G.297 — Diverting Or Draining Water For Mining.
Section 103G.298 — Landscape Irrigation Systems.
Section 103G.299 — Administrative Penalties.
Section 103G.301 — General Permit; Application Procedures.
Section 103G.305 — Time Limit To Act On Water-use Permit Application.
Section 103G.311 — Permit Hearing.
Section 103G.315 — Denying And Issuing Permits.
Section 103G.401 — Application To Establish Lake Levels.
Section 103G.405 — Water Level Control For Landlocked Lakes.
Section 103G.407 — Water Level Control For Public Waters With Outlet.
Section 103G.408 — Temporary Drawdown Of Public Waters.
Section 103G.411 — Stipulation Of Low-water Mark.
Section 103G.412 — Stream Gauge Data.
Section 103G.413 — Appeal Of Order Establishing Ordinary High-water Level.
Section 103G.415 — Big Stone Lake; Seasonal Water Level.
Section 103G.421 — Control Of Mississippi Headwater Lakes.
Section 103G.501 — Constructing Private Dams On Nonnavigable Waters.
Section 103G.505 — Dam Construction And Maintenance By State.
Section 103G.511 — Publicly Owned Dam Repair.
Section 103G.515 — Examining And Repairing Dams And Reservoirs.
Section 103G.521 — Transfer Of Authority Over State Dams.
Section 103G.525 — Limitations On Transferring Dam Ownership.
Section 103G.531 — Dam Permit Exceptions.
Section 103G.535 — Hydropower Generation.
Section 103G.541 — Municipal Dams On Red River Of The North.
Section 103G.545 — Dams And Water Level Control In Cook, Lake, And St. Louis Counties.
Section 103G.551 — Dams Used Only For Water Level Regulation.
Section 103G.555 — Statute Of Limitations For Actions Against Public Officials.
Section 103G.565 — Right To Overflow, Obstruct, Or Impair Highways Granted By Governing Body.
Section 103G.571 — Bank Repair On Property Where Overflow Rights Are Acquired.
Section 103G.575 — Grant Of Flowage Easements In Upper Red Lake Region.
Section 103G.601 — Ice-cutting Fences And Guards.
Section 103G.605 — Deicing Water Bodies.
Section 103G.611 — Water Aeration Safety.
Section 103G.615 — Permits To Harvest Or Destroy Aquatic Plants.
Section 103G.621 — County Weed And Algae Destruction And Removal.
Section 103G.625 — Municipal Control Of Aquatic Vegetation And Organisms.
Section 103G.651 — Removing Sunken Logs From Public Waters.
Section 103G.701 — Stream Maintenance Program.
Section 103G.711 — State's Ownership Of Bed Of Navigable River.
Section 103G.801 — Great Lakes -- St. Lawrence River Basin Water Resources Compact.