WVC 22 - 14 - 5
§22-14-5. Unlawful to place, construct, enlarge, alter, repair,
remove or abandon dam without certificate of
approval; application required to obtain certificate.
It is unlawful for any person to place, construct, enlarge,
alter, repair, remove or abandon any dam under the jurisdiction of
the secretary until he or she has first: (a) Filed an application
for a certificate of approval with the department; and (b) obtained
from the department a certificate of approval: Provided
routine repairs which do not affect the safety of a dam are not
subject to the application and approval requirements. A separate
application for a certificate of approval must be submitted by a
person for each dam he or she desires to place, construct, enlarge,
alter, repair, remove or abandon. One application may be valid for
more than one dam involved in a single project or in the formation
of a reservoir.
Each application for a certificate of approval shall be made
in writing on a form prescribed by the secretary and shall be
signed and verified by the applicant. The application shall
contain and provide information which may be reasonably required by
the secretary to administer the provisions of this article.
In the case of dams designed by the natural resources
conservation service for transfer to any political subdivision, the
director shall, within sixty days after receipt of a completed
application therefor, issue a certificate of approval without
review of the plans and specifications: Provided, That the state, its employees and agents are not responsible or liable for errors,
omissions or flaws in the design, construction or modification of
Note: WV Code updated with legislation passed through the 2015 Regular Session
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