Missouri Revised Statutes
Chapter 236 - Dams, Mills and Electric Power
Section 236.425 - Chief engineer's duties — search warrants — council to hear certain appeals.

Effective - 28 Aug 1979
236.425. Chief engineer's duties — search warrants — council to hear certain appeals. — 1. The chief engineer shall administer the provisions of sections 236.400 to 236.500 by:
(1) Recommending general technological guidelines that pertain to the design, construction, maintenance, operation, use, alteration, repair, enlargement, reduction, or natural physical changes of, or that may occur to, a dam or reservoir including their removal; except that, detailed technical specifications shall not be promulgated to regulate the design, construction, operation, maintenance, use, alteration, repair or removal of a dam or reservoir. Such guidelines shall not be effective until adopted by the council and approved by the director at a public meeting, after notice requirements set forth in subsection 1 of section 236.415 herein have been satisfied;
(2) Making* recommendations concerning the issuing, continuing in effect, revoking, modifying, suspending, or denying, under such conditions as prescribed by sections 236.400 to 236.500 and such rules as may be adopted to protect public safety, life, property, dams and reservoirs, construction permits for the construction, alteration, enlargement, reduction, repair or removal of dams or appurtenances thereto, and safety and registration permits to insure continuing protection of public safety, life, property, dams and reservoirs, for all dams subject to the provisions of sections 236.400 to 236.500;
(3) Making such investigations, including hearings, as are proper to protect public safety, life and property from an unsafe dam or reservoir, and to determine whether any permits should be issued, continued, revoked, modified, suspended, or denied or whether any violations of sections 236.400 to 236.500, standards, or rules or regulations have occurred or are occurring;
(4) Entering, at any reasonable time, any private or public premises as necessary to make an investigation or inspection of a dam or reservoir, or records kept, pertaining thereto, and such inspection shall follow reasonable notice to the owner given prior to such investigation or inspection except in the case of an emergency threatening public safety, life or property, in which case such inspection or investigation may be made without prior notice. A suitably restricted search warrant, upon a showing of probable cause in writing and upon oath, shall be issued by any judge having jurisdiction, to the chief engineer or his representative for the purpose of enabling him to make the inspection.
2. The council shall meet with or hear the appeal of a permit applicant and his representative upon request of the permit applicant if the chief engineer has rejected the application for a construction, safety or registration permit.
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(L. 1979 H.B. 603 § 6)
*Words "To make" appear in original rolls.

Structure Missouri Revised Statutes

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 236.410 - Council established — members, terms, qualifications, officers — meetings — quorum — compensation — report.

Section 236.415 - Council's powers and duties — public hearings required — adoption of rules and regulations, 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 236.435 - Permits required, when, procedure to obtain — chief engineer to make recommendation — exemptions — plans to be filed.

Section 236.440 - Owner to notify council, when — council to issue safety permit — registration of existing dams, when — violations.

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 236.465 - Industrial water retention structures subject to provisions of sections 236.400 to 236.500 — inspection — changes.

Section 236.470 - Conduct of hearings — subpoenas — approval of final orders.

Section 236.475 - Immunity of officers.

Section 236.480 - Judicial review of actions — administrative review required — interpretation of administrative actions.

Section 236.485 - Water rights preserved.

Section 236.490 - Enforcement of act.

Section 236.495 - Legal actions for enforcement available, procedure.

Section 236.500 - Penalties.