(a) This chapter applies to design, review, and approval
of construction plans and specifications; and construction, operation
and maintenance, inspection, repair, removal, emergency management,
site security, and enforcement of dams that:
(1) have a height greater than or equal to 25 feet
and a maximum storage capacity greater than or equal to 15 acre-feet,
as described in paragraph (2) of this subsection;
(2) have a height greater than six feet and a maximum
storage capacity greater than or equal to 50 acre-feet;
Attached Graphic
(3) are a high- or significant-hazard dam as defined
in §299.14 of this title (relating to Hazard Classification Criteria),
if over 6 feet high, regardless of maximum storage capacity; or
(4) are used as a pumped storage or terminal storage
facility.
(b) This chapter provides the requirements for dams,
but does not relieve the owner from meeting the requirements in Texas
Water Code (TWC), Chapter 11, and Chapters 213, 295, and 297 of this
title (relating to Edwards Aquifer; Water Rights, Procedural; and
Water Rights, Substantive; respectively). All applicable requirements
in those chapters will still apply.
(c) This chapter does not apply to:
(1) dams designed by, constructed under the supervision
of, and owned and maintained by federal agencies such as the Corps
of Engineers, International Boundary and Water Commission, and the
Bureau of Reclamation;
(2) embankments constructed for roads, highways, and
railroads, including low-water crossings, that may temporarily impound
floodwater, unless designed to also function as a detention dam;
(3) dikes or levees designed to prevent inundation
by floodwater;
(4) off-channel impoundments authorized by the commission
under TWC, Chapter 26;
(5) above-ground water storage tanks (steel, concrete,
or plastic); and
(6) exempt dams authorized under TWC, Chapter 12. A
dam is exempt from this chapter if it meets all of the following:
(A) is located on private property;
(B) has a maximum capacity of less than 500 acre-feet,
the capacity at the top of the dam as defined in 30 TAC §299.2(36);
(C) has a hazard classification of low or significant
as defined in 30 TAC §299.14;
(D) is located in a county with a population of less
than 350,000 based on the most current U. S. Census numbers; and
(E) is not located inside the corporate limits of a
municipality, as based on the most current municipal information.
(d) All dams must meet the requirements in this chapter,
including dams that do not require a water right permit, other dams
that are exempt from the requirements in Subchapter C of this chapter
(relating to Construction Requirements), and dams that are granted
an exception as defined in §299.5 of this title (relating to
Exception).
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