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==State Regulatory Agencies and Resources==
Regulatory [[Dam Safety Programs|dam safety programs]] have been established in 49 of 50 U.S. states and in Puerto Rico and Guam. These programs were created to meet the need to regulate the many dams that are not owned and operated by federal agencies such as the [[U.S. Army Corps of Engineers]], the [[Bureau of Reclamation]], and others. Individual states recognized that many dams were not well maintained and that regulation was necessary for public benefit. The National Inventory of Dams (NID) identifies over 91,000 dams in the United States. Over 70% of those dams are regulated by state dam safety regulatory programs, so the bulk of dam regulation falls to the individual states.
[[Alabama]]</br>
[[Alaska]]</br>
[[Arizona]]</br>
[[Arkansas]]</br>
[[California]]</br>
[[Colorado]]</br>
[[Connecticut]]</br>
[[Delaware]]</br>
[[Florida]]</br>
[[Georgia]]</br>
[[Hawaii]]</br>
[[Idaho]]</br>
[[Illinois]]</br>
[[Indiana]]</br>
[[Iowa]]</br>
[[Kansas]]</br>
[[Kentucky]]</br>
[[Louisiana]]</br>
[[Maine]]</br>
[[Maryland]]</br>
[[Massachusetts]]</br>
[[Michigan]]</br>
[[Minnesota]]</br>
[[Mississippi]]</br>
[[Missouri]]</br>
[[Montana]]</br>
[[Nebraska]]</br>
[[Nevada]]</br>
[[New Hampshire]]</br>
[[New Jersey]]</br>
[[New Mexico]]</br>
[[New York]]</br>
[[North Carolina]]</br>
[[North Dakota]]</br>
[[Ohio]]</br>
[[Oklahoma]]</br>
[[Oregon]]</br>
[[Pennsylvania]]</br>
[[Rhode Island]]</br>
[[South Carolina]]</br>
[[South Dakota]]</br>
[[Tennessee]]</br>
[[Texas]]</br>
[[Utah]]</br>
[[Vermont]]</br>
[[Virginia]]</br>
[[Washington]]</br>
[[West Virginia]]</br>
[[Wisconsin]]</br>
[[Wyoming]]</br>


<imagemap>
File:Map_of_USA_with_state_names.jpg|thumb|left|1000px|<big>'''Clickable Map of the USA:''' Click on a state to learn more about their dam safety regulatory program.</big>
poly 803 463 832 565 776 572 776 591 757 585 754 467 [[Alabama]]                   
poly 190 571 191 674 221 684 256 719 256 736 229 734 197 691 146 683 125 708 15 722 82 683 51 646 65 586 90 561 134 546 [[Alaska]] 
poly 165 495 237 542 286 551 306 406 201 386 196 407 185 407 175 433 189 455 [[Arizona]]             
poly 612 432 611 505 623 523 688 523 707 466 717 441 699 433 [[Arkansas]]                 
poly 34 205 114 226 91 304 175 423 172 432 186 453 167 492 114 486 51 417 16 242 [[California]]           
poly 321 294 461 310 455 413 309 400 [[Colorado]]                       
poly 1022 231 1023 257 1055 244 1052 225 [[Connecticut]]                       
poly 992 299 998 337 1015 337 1009 318 [[Delaware]]                       
poly 913 566 969 681 945 728 923 729 892 649 859 590 828 606 779 588 779 575 832 567 832 575 [[Florida]]         
poly 804 460 857 455 919 521 912 568 834 571 [[Georgia]]                     
poly 274 633 270 689 323 734 423 737 428 696 365 634 [[Hawaii]]                   
poly 211 60 192 134 201 145 181 175 171 237 282 257 295 196 257 192 250 159 236 164 240 131 219 90 227 62 [[Idaho]]     
poly 693 276 673 328 703 363 699 380 727 412 743 410 756 363 751 284 738 261 689 269 [[Illinois]]           
poly 753 286 752 390 788 381 812 355 804 277 [[Indiana]]                     
poly 576 246 567 269 586 322 668 322 679 305 691 281 674 247 [[Iowa]]                 
poly 460 335 451 416 610 420 610 363 601 356 605 346 588 336 [[Kansas]]                 
poly 726 428 846 412 871 387 852 361 814 351 791 386 752 391 [[Kentucky]]                 
poly 629 610 637 572 622 550 626 526 691 526 693 543 682 576 717 576 731 593 741 623 683 629 [[Louisiana]]         
poly 1044 139 1062 186 1067 196 1120 132 1108 111 1089 75 1060 70 [[Maine]]                 
poly 914 316 914 328 944 317 972 332 969 343 984 347 997 370 1013 335 995 335 990 302 [[Maryland]]           
poly 1019 212 1020 232 1060 225 1070 234 1097 236 1097 214 1067 200 [[Massachusetts]]                 
poly 679 142 693 164 744 186 766 280 829 274 842 239 808 160 726 106 [[Michigan]]               
poly 560 99 570 179 566 184 576 195 576 245 676 245 676 232 641 210 637 187 649 157 694 120 603 107 597 89 [[Minnesota]]     
poly 709 470 753 466 757 590 731 591 716 573 682 573 694 533 693 518 [[Mississippi]]               
poly 587 323 588 336 607 360 610 431 707 430 701 441 713 441 727 417 698 381 702 367 669 326 [[Missouri]]         
poly 230 61 224 87 242 130 237 159 250 154 261 190 294 192 296 184 427 197 438 94 [[Montana]]           
poly 425 254 421 305 460 309 460 331 593 336 575 271 532 260 [[Nebraska]]                 
poly 115 227 225 250 195 405 182 403 176 427 91 305 [[Nevada]]                   
poly 1035 142 1030 210 1064 200 1043 136 [[New Hampshire]]                       
poly 1000 259 998 281 1007 289 995 300 1010 317 1028 280 1018 272 1018 264 [[New Jersey]]               
poly 306 400 433 412 421 545 306 538 302 553 282 548 [[New Mexico]]                   
poly 908 221 894 256 985 237 998 255 1018 261 1018 270 1028 276 1058 252 1025 256 1020 231 1020 209 1003 155 970 160 942 207 [[New York]]   
poly 882 410 832 457 894 446 934 448 959 468 1020 416 1003 386 [[North Carolina]]                 
poly 438 95 431 172 568 180 558 100 [[North Dakota]]                       
poly 816 351 848 356 857 365 892 304 887 266 843 280 828 275 806 279 811 343 [[Ohio]]             
poly 433 413 610 421 617 508 537 496 496 485 496 433 431 431 [[Oklahoma]]                 
poly 75 99 32 181 32 202 170 235 177 171 196 147 187 130 124 130 91 121 90 104 [[Oregon]]           
poly 884 262 894 318 988 300 1004 287 995 279 998 256 984 239 [[Pennsylvania]]                 
poly 1060 224 1068 234 1058 244 1050 229 [[Rhode Island]]                       
poly 857 453 922 522 955 470 936 451 894 445 [[South Carolina]]                     
poly 432 172 570 180 565 186 573 196 573 244 570 267 531 259 468 252 426 251 428 227 428 200 [[South Dakota]]         
poly 711 467 833 457 881 408 718 430 [[Tennessee]]                       
poly 432 427 421 548 342 540 382 606 413 626 433 605 460 610 508 699 550 714 550 664 633 611 638 571 622 515 603 505 496 486 495 431 [[Texas]]
poly 227 251 285 261 280 290 320 292 305 401 202 383 [[Utah]]                   
poly 1003 154 1019 210 1030 210 1034 150 [[Vermont]]                       
poly 872 387 846 413 1003 385 985 350 968 345 972 333 955 322 940 322 913 346 907 380 [[Virginia]]           
poly 71 95 91 106 91 119 139 127 197 136 210 61 110 31 75 42 [[Washington]]               
poly 953 325 940 323 928 347 914 345 909 371 896 385 874 390 861 371 867 343 886 327 889 301 893 321 917 317 917 327 940 316 950 317 [[West Virginia]]
poly 652 161 649 175 641 182 641 211 672 230 673 262 686 270 739 262 749 195 741 191 731 179 684 157 672 150 [[Wisconsin]]     
poly 299 185 279 290 421 305 428 196 [[Wyoming]]                       
                                 
rect 1088 277 1193 304 [[Connecticut]]                           
rect 1103 340 1190 362 [[Delaware]]                           
rect 1102 363 1188 393 [[Maryland]]                           
rect 849 110 967 141 [[Massachusetts]]                           
rect 843 41 980 75 [[New Hampshire]]                           
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rect 1078 244 1192 275 [[Rhode Island]]                           
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rect 1072 425 1190 451 [[West Virginia]]                           
</imagemap>                                 
<br clear="all" />   
Most state dam safety regulatory programs do not own dams and they regulate the activities of others. However, a limited number of state programs regulate dams that are owned and operated by other entities within their state agencies such as state parks.
Each state had a different motivation for the creation of their program for dam safety regulation. Many state [[Dam Safety Programs|dam safety programs]] were established in response to a major dam failure in that individual state. This was the case in Pennsylvania after the South Fork Dam and Austin Dam failures in 1889 and 1913, respectively, and after the St. Francis Dam Failure in 1928 in California. Other [[Dam Safety Programs|dam safety programs]] were created as the need to reduce the risk of dam failures and incidents were made known to officials through the efforts of public and private individuals. These state officials then took steps to regulate important water infrastructure including dams.
Federal dam safety efforts were implemented and strengthened in the 1970s and 1980s through actions by the executive and legislative branches. The Association of State Dam Safety Officials was formed in 1984 to coordinate the efforts of state [[Dam Safety Programs|dam safety programs]] across the nation. The [[National Dam Safety Program]] was established in 1996 within the Federal [[Emergency Management]] Agency. More information on federal dam safety efforts can be found in other toolbox sections.
== Dams Regulated by State Regulatory Programs ==
State dams safety regulatory programs oversee dams that are owned by private individuals, homeowner associations, soil and water conservation districts, business interests, utility companies, municipalities, and state and county governments. The dams regulated at the state level are used for many purposes such as water supply, [[irrigation]], flood control, [[recreation]], mining, [[environmental]] processes, and other purposes.
== Authority of State Dam Safety Programs ==
State dam safety regulatory programs were created by state governments that gave them authority through the laws and codes promulgated by that state. Some states have wide-reaching regulatory authority while others have less [[regulator]] latitude. Enforcement capability at the state level also varies. Some state [[Dam Safety Programs|dam safety programs]] can take prompt action to enforce state regulations while others must work through a process that involves other entities. This variability is a function of the law and codes written in each state. In 2020, the ASDSO created a summary of the laws and regulations governing dam safety for each state. That summary is available on ASDSO's website:
{{Document Icon}} [[Summary of State Laws and Regulations on Dam Safety | Summary of State Laws and Regulations on Dam Safety, ASDSO]]
== State Regulatory Dam Safety Programs in General ==
<!-- Insert image using {{Picture}} template -->
{{Picture
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|image= NID.png
<!--Add link if applicable -->
|link=[https://nid.sec.usace.army.mil/#/]
<!-- Add picture caption -->
|caption= Dams in the U.S. (source: National Inventory of Dams, US Army Corps of Engineers)
}}
Each state dam safety program has its own structure under the umbrella of state government. Most state program operate within a state agency that has responsibility to manage water or other natural resources. Some state programs perform their function under a State Engineer or state emergency manager but most are within state departments of natural resources or environmental departments.
Dam safety programs at the state level are typically staffed by professional engineers, technicians, environmental professionals, administrative professionals, and others. The number of persons employed in dam regulation varies within the states. The number of full-time state personnel dedicated to dam safety regulation varies from 2 persons in the state to over 80 persons in the program. Some state programs augment their technical capabilities with assistance from private engineers under contract when they have the resources and need this assistance.
== Functions of State Dam Safety Regulatory Programs ==
State regulatory programs administer a program to ensure that dams are operated as safety as possible and in accordance with the laws of the state. That work is performed by reviewing the work done by dam owners to operate, maintain, and repair dams and by taking active steps to make sure that each dam is inspected when resources allow. State activities vary depending on the mandate given by an individual state government, but in general state regulatory programs perform functions in these general categories:
* '''[[Permitting]]''' - in most states a dam [[owner]] must [[Obtain a Permit|obtain a permit]] to construct a new dam and to modify or rehabilitate an existing dam. This is done to ensure that [[New Dams|new dams]] and modifications to existing dams meet minimum requirements set by industry standards. State programs review the engineered plans that are submitted and provide comments and/or issue a permit or approval before starting [[construction]].
* '''Inspection''' - dams must be inspected to ensure that they are being maintained and operated properly and that any potential safety issues are corrected promptly in a safe manner. In some states, the dam owner and their engineer are required to perform dam safety [[inspections]] at their facility and to provide a report to the state program. Other state regulatory programs perform the dam inspections and document findings and requirements for the dam owner to perform. Most state regulatory programs perform some level of inspection during construction of [[New Dams|new dams]] and modifications, or they ensure that the owner has adequate technical oversight.
* '''Safe Storage Level''' - if unsafe conditions are observed at a dam, most states have the ability to limit the amount of water that can be stored by the structure by establishing a storage restriction. Reducing the load on the structure is the quickest way to reduce the risk of dam failure. Careful documentation of the evidence and/or analysis leading to the conclusion of the unsafe condition should be provided to the dam owner so they can establish a program to address the issue.
* '''[[Emergency Action Planning]]''' - each dam that has the potential to cause loss of life or to damage infrastructure and property in a failure or incident should have an Emergency Action Plan (EAP). Emergency Action Plans outline steps for dam operators and others to take to identify and prevent incidents, to react to incidents, and to reduce impacts to downstream populations. State dam regulatory programs often require these plans by law or code and the state program usually has the responsibility to approve these plans. Some state take an active role in preparation of EAPs and in exercising the plans with community officials. State dam regulatory programs typically have a responsibility to take certain specified actions during dam incidents. These responsibilities are typically outlined in EAPs and in policy documents prepared at the state level.
* '''Enforcement''' - the state dam regulatory program is empowered to take legal action against dam owners who do not voluntarily comply with state law, rules, and regulations, or applicable code. As mentioned previously, this degree of enforcement power varies across the states, but typically includes the use of notices of violations or orders. Along with the help of the state's Attorney General's office, state dam safety programs can also file suit against dam owners to compel action to improve the safety of their dam.
== Technical Projects to Support Dam Safety Activities ==
In addition to basic regulatory activities, many state dam regulatory programs are active in supporting dam owners, engineers, and community members by providing state-specific and general guidance to improve dam safety and to improve risk reduction.
Some state regulatory programs are in a position to provide training and technical and financial assistance to dam owners. Not every state has the resources to provide these added supports, but they have great value to risk reduction and community preparedness. Some of these added supports include:
* '''Training''' - some state regulatory programs have developed specific training for dam owners. This training supplements materials that are available from ASDSO and [[Other Resources|other resources]]. Many states are active in supporting communities to exercise their EAPs.
* '''Technical Documentation and Guidance''' - some states have been able to create [[engineering]] guidance for dam safety engineering and analysis. Many of these guidance documents have value for engineers and regulators in other states and the information can often be applied in similar situations. Guidance documentation is generally developed to increase technical knowledge in the dam safety community in a state and to streamline the process of permitting repairs and performing construction.
* '''Dam [[Rehabilitation]]''' - involvement of state regulatory programs in dam rehabilitation varies widely across the states. Some states permit and oversee projects for dam repair and rehabilitation through their statutory regulatory function while some states have more resources and have the ability to provide financial assistance for dam repair and rehabilitation. In this latter case, a state program will often work with another state agency to administer grant or loan funds. Active support for rehabilitation requires staffing that many states do not have.
Users are encouraged to visit the individual state toolbox pages for guidance and resources for dam safety practices that have been developed at the state level. Select state guidance materials are highlighted in the [[Other Resources Catalog]] on the Dam Safety Toolbox [[Main Page]].
Toolbox users are reminded to contact the state dam safety program that regulates a particular dam in question. State Dam Safety programs are receptive to communication on technical and regulatory topics and generally appreciate dialogue prior to undertaking a project.
                   
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Latest revision as of 21:39, 1 April 2024


Regulatory dam safety programs have been established in 49 of 50 U.S. states and in Puerto Rico and Guam. These programs were created to meet the need to regulate the many dams that are not owned and operated by federal agencies such as the U.S. Army Corps of Engineers, the Bureau of Reclamation, and others. Individual states recognized that many dams were not well maintained and that regulation was necessary for public benefit. The National Inventory of Dams (NID) identifies over 91,000 dams in the United States. Over 70% of those dams are regulated by state dam safety regulatory programs, so the bulk of dam regulation falls to the individual states.

AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingConnecticutDelawareMarylandMassachusettsNew HampshireNew JerseyRhode IslandVermontWest Virginia
Clickable Map of the USA: Click on a state to learn more about their dam safety regulatory program.


Most state dam safety regulatory programs do not own dams and they regulate the activities of others. However, a limited number of state programs regulate dams that are owned and operated by other entities within their state agencies such as state parks.

Each state had a different motivation for the creation of their program for dam safety regulation. Many state dam safety programs were established in response to a major dam failure in that individual state. This was the case in Pennsylvania after the South Fork Dam and Austin Dam failures in 1889 and 1913, respectively, and after the St. Francis Dam Failure in 1928 in California. Other dam safety programs were created as the need to reduce the risk of dam failures and incidents were made known to officials through the efforts of public and private individuals. These state officials then took steps to regulate important water infrastructure including dams.

Federal dam safety efforts were implemented and strengthened in the 1970s and 1980s through actions by the executive and legislative branches. The Association of State Dam Safety Officials was formed in 1984 to coordinate the efforts of state dam safety programs across the nation. The National Dam Safety Program was established in 1996 within the Federal Emergency Management Agency. More information on federal dam safety efforts can be found in other toolbox sections.

Dams Regulated by State Regulatory Programs

State dams safety regulatory programs oversee dams that are owned by private individuals, homeowner associations, soil and water conservation districts, business interests, utility companies, municipalities, and state and county governments. The dams regulated at the state level are used for many purposes such as water supply, irrigation, flood control, recreation, mining, environmental processes, and other purposes.

Authority of State Dam Safety Programs

State dam safety regulatory programs were created by state governments that gave them authority through the laws and codes promulgated by that state. Some states have wide-reaching regulatory authority while others have less regulator latitude. Enforcement capability at the state level also varies. Some state dam safety programs can take prompt action to enforce state regulations while others must work through a process that involves other entities. This variability is a function of the law and codes written in each state. In 2020, the ASDSO created a summary of the laws and regulations governing dam safety for each state. That summary is available on ASDSO's website:

Summary of State Laws and Regulations on Dam Safety, ASDSO

State Regulatory Dam Safety Programs in General

link=[1]
Dams in the U.S. (source: National Inventory of Dams, US Army Corps of Engineers)

Each state dam safety program has its own structure under the umbrella of state government. Most state program operate within a state agency that has responsibility to manage water or other natural resources. Some state programs perform their function under a State Engineer or state emergency manager but most are within state departments of natural resources or environmental departments.

Dam safety programs at the state level are typically staffed by professional engineers, technicians, environmental professionals, administrative professionals, and others. The number of persons employed in dam regulation varies within the states. The number of full-time state personnel dedicated to dam safety regulation varies from 2 persons in the state to over 80 persons in the program. Some state programs augment their technical capabilities with assistance from private engineers under contract when they have the resources and need this assistance.

Functions of State Dam Safety Regulatory Programs

State regulatory programs administer a program to ensure that dams are operated as safety as possible and in accordance with the laws of the state. That work is performed by reviewing the work done by dam owners to operate, maintain, and repair dams and by taking active steps to make sure that each dam is inspected when resources allow. State activities vary depending on the mandate given by an individual state government, but in general state regulatory programs perform functions in these general categories:

  • Permitting - in most states a dam owner must obtain a permit to construct a new dam and to modify or rehabilitate an existing dam. This is done to ensure that new dams and modifications to existing dams meet minimum requirements set by industry standards. State programs review the engineered plans that are submitted and provide comments and/or issue a permit or approval before starting construction.
  • Inspection - dams must be inspected to ensure that they are being maintained and operated properly and that any potential safety issues are corrected promptly in a safe manner. In some states, the dam owner and their engineer are required to perform dam safety inspections at their facility and to provide a report to the state program. Other state regulatory programs perform the dam inspections and document findings and requirements for the dam owner to perform. Most state regulatory programs perform some level of inspection during construction of new dams and modifications, or they ensure that the owner has adequate technical oversight.
  • Safe Storage Level - if unsafe conditions are observed at a dam, most states have the ability to limit the amount of water that can be stored by the structure by establishing a storage restriction. Reducing the load on the structure is the quickest way to reduce the risk of dam failure. Careful documentation of the evidence and/or analysis leading to the conclusion of the unsafe condition should be provided to the dam owner so they can establish a program to address the issue.
  • Emergency Action Planning - each dam that has the potential to cause loss of life or to damage infrastructure and property in a failure or incident should have an Emergency Action Plan (EAP). Emergency Action Plans outline steps for dam operators and others to take to identify and prevent incidents, to react to incidents, and to reduce impacts to downstream populations. State dam regulatory programs often require these plans by law or code and the state program usually has the responsibility to approve these plans. Some state take an active role in preparation of EAPs and in exercising the plans with community officials. State dam regulatory programs typically have a responsibility to take certain specified actions during dam incidents. These responsibilities are typically outlined in EAPs and in policy documents prepared at the state level.
  • Enforcement - the state dam regulatory program is empowered to take legal action against dam owners who do not voluntarily comply with state law, rules, and regulations, or applicable code. As mentioned previously, this degree of enforcement power varies across the states, but typically includes the use of notices of violations or orders. Along with the help of the state's Attorney General's office, state dam safety programs can also file suit against dam owners to compel action to improve the safety of their dam.

Technical Projects to Support Dam Safety Activities

In addition to basic regulatory activities, many state dam regulatory programs are active in supporting dam owners, engineers, and community members by providing state-specific and general guidance to improve dam safety and to improve risk reduction.

Some state regulatory programs are in a position to provide training and technical and financial assistance to dam owners. Not every state has the resources to provide these added supports, but they have great value to risk reduction and community preparedness. Some of these added supports include:

  • Training - some state regulatory programs have developed specific training for dam owners. This training supplements materials that are available from ASDSO and other resources. Many states are active in supporting communities to exercise their EAPs.
  • Technical Documentation and Guidance - some states have been able to create engineering guidance for dam safety engineering and analysis. Many of these guidance documents have value for engineers and regulators in other states and the information can often be applied in similar situations. Guidance documentation is generally developed to increase technical knowledge in the dam safety community in a state and to streamline the process of permitting repairs and performing construction.
  • Dam Rehabilitation - involvement of state regulatory programs in dam rehabilitation varies widely across the states. Some states permit and oversee projects for dam repair and rehabilitation through their statutory regulatory function while some states have more resources and have the ability to provide financial assistance for dam repair and rehabilitation. In this latter case, a state program will often work with another state agency to administer grant or loan funds. Active support for rehabilitation requires staffing that many states do not have.

Users are encouraged to visit the individual state toolbox pages for guidance and resources for dam safety practices that have been developed at the state level. Select state guidance materials are highlighted in the Other Resources Catalog on the Dam Safety Toolbox Main Page.

Toolbox users are reminded to contact the state dam safety program that regulates a particular dam in question. State Dam Safety programs are receptive to communication on technical and regulatory topics and generally appreciate dialogue prior to undertaking a project.



Revision ID: 7860
Revision Date: 04/01/2024