Effective - 28 Aug 1995
236.405. Employment of engineer and assistants — records — rulemaking, procedure. — 1. There is hereby created a dam and reservoir safety program in the department of natural resources. The council shall promulgate rules, regulations, guidelines, and standards relating to the determination of whether a dam or reservoir constitutes a danger to public safety, life or property to be effective upon approval by the director.
2. The director of the department of natural resources shall employ an experienced professional engineer as chief engineer and assistants to administer the activities of the dam and reservoir safety program.
3. The chief engineer shall be selected under the state merit system on the basis of professional experience directly related to the design and construction of dams and reservoirs.
4. The findings, opinions, and orders of the council and the chief engineer shall be kept as permanent public records in the offices of the department of natural resources.
5. No rule or portion of a rule promulgated under the authority of sections 236.400 to 236.500 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1979 H.B. 603 § 2, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 236 - Dams, Mills and Electric Power
Section 236.010 - Dams across nonnavigable streams — who may erect.
Section 236.020 - Owner of land on one side of stream may erect dam.
Section 236.030 - Petition to be filed in circuit court — contents.
Section 236.040 - Additional information to be set out.
Section 236.050 - Petition, where filed.
Section 236.060 - Writ of ad quod damnum.
Section 236.070 - Duty of sheriff in executing writ.
Section 236.080 - Acre of ground to be set apart, when.
Section 236.090 - Proprietor to be notified of the inquest.
Section 236.100 - Sheriff and jury may act in adjoining county.
Section 236.110 - Inquest to be in writing.
Section 236.120 - Proceedings on return of inquest.
Section 236.130 - Issues to be tried as in civil cases.
Section 236.140 - Costs, how adjudged.
Section 236.150 - Court may order new writ.
Section 236.160 - Court may enter order to erect dam, when.
Section 236.170 - Court shall include in its order, what.
Section 236.180 - Privilege to erect subject to certain conditions.
Section 236.190 - Land decreed for mill privileges to revert, when.
Section 236.200 - Height of dam, how increased.
Section 236.210 - Inquest not to bar right of action, when.
Section 236.220 - Power of court to prevent erection of dam.
Section 236.230 - Dams without chutes declared nuisances.
Section 236.240 - Dams deemed public nuisances, when.
Section 236.250 - Forfeiture of rights, when.
Section 236.255 - Dam reconstructed and maintained when used for other purposes.
Section 236.260 - Privilege to construct dam to cease, when.
Section 236.270 - Penalty for building without permission.
Section 236.280 - Right to divert stream through tunnel — conditions.
Section 236.400 - Definitions.
Section 236.405 - Employment of engineer and assistants — records — rulemaking, procedure.
Section 236.420 - Inspection of dams and reservoirs, when — report on conditions.
Section 236.425 - Chief engineer's duties — search warrants — council to hear certain appeals.
Section 236.430 - Employees, council to provide for.
Section 236.445 - Permit may be suspended — alteration or removal may be required — violation.
Section 236.450 - Removal or repair of abandoned dam — recovery of expenses.
Section 236.455 - Emergency action authorized.
Section 236.460 - Transfer of ownership, notice required.
Section 236.470 - Conduct of hearings — subpoenas — approval of final orders.
Section 236.475 - Immunity of officers.
Section 236.485 - Water rights preserved.
Section 236.490 - Enforcement of act.
Section 236.495 - Legal actions for enforcement available, procedure.