Ohio Administrative Code Title 1501:21 - Division of Soil and Water Resources - Dam Safety
🏞️ Ohio Administrative Code Title 1501:21
Division of Soil and Water Resources — Dam Safety
🔹 Overview
This title governs the regulation, inspection, classification, maintenance, and repair of dams and levees in the state of Ohio. It's enforced by the Ohio Department of Natural Resources (ODNR) through its Division of Water Resources.
Its main goals are to:
Prevent dam failures,
Protect public safety and property,
Ensure dams are built, maintained, and operated responsibly.
The authority comes from Ohio Revised Code Chapter 1521 and is implemented through the OAC 1501:21 rules.
🔹 Key Provisions in OAC 1501:21
1. Definition and Classification of Dams
A dam is defined as any artificial barrier that impounds water.
Dams are classified based on:
Size (height and storage volume),
Hazard potential (low, significant, high hazard),
The potential downstream consequences if the dam fails.
🔸 High Hazard: Loss of human life is probable if failure occurs.
🔸 Significant Hazard: No expected loss of life, but substantial property damage.
🔸 Low Hazard: Failure would cause minimal property or environmental damage.
2. Permitting and Construction Requirements
New dams must receive a permit before construction.
Plans must be stamped by a professional engineer and include:
Hydrologic and hydraulic calculations,
Geotechnical assessments,
Emergency spillway designs.
3. Inspection and Maintenance
Regular inspections are required for existing dams, typically every 5 years for high hazard dams.
Owners must:
Perform routine maintenance,
Report any issues,
Keep access roads and spillways clear.
ODNR may conduct its own inspections and issue orders for repairs or upgrades.
4. Emergency Action Plans (EAPs)
Required for high and significant hazard dams.
EAPs must include:
Emergency notification procedures,
Inundation maps showing areas at risk,
Coordination with local emergency services.
5. Modification or Removal of Dams
Any alteration, breach, or removal of a dam requires ODNR approval.
The process is regulated similarly to new construction, especially if the change affects the dam’s function or hazard classification.
6. Enforcement and Penalties
If a dam is unsafe or out of compliance, ODNR may:
Issue Notices of Violation (NOVs),
Order immediate repairs or drawdowns,
Impose civil penalties,
Refer non-compliant owners for legal action.
⚖️ Related Legal Principles & Case Law Concepts
There are no widely cited individual cases under this specific OAC title, but courts have ruled on dam safety issues and government liability. Here are key legal themes:
✅ 1. Duty of Care and Public Safety
Principle:
Dam owners have a duty to maintain their dams in a safe condition. If negligence leads to failure, they may be held civilly liable for damage.
Courts look at whether owners followed required inspection and maintenance rules.
✅ 2. Sovereign Immunity Limitations
Principle:
The State of Ohio (or ODNR) is generally immune from liability, but courts have allowed claims when the state fails to enforce dam safety laws after having notice of a hazard.
✅ 3. Takings Clause and Inverse Condemnation
Principle:
If the state requires changes to a dam that reduce its function or value (like forced drawdowns), owners may claim an uncompensated “taking” under the Ohio Constitution.
These claims are rare and hard to win unless there’s a permanent physical occupation or denial of all reasonable use.
✅ 4. Failure to Comply with EAP or Permitting
Principle:
Failure to file or follow an EAP, or to get proper permits before building/modifying a dam, can lead to administrative penalties and civil action. Courts uphold ODNR's authority when public safety is at risk.
🔎 Hypothetical Case Example
Scenario:
A private developer builds a pond with a dam without a permit. During a storm, the dam overtops and floods nearby homes.
ODNR had issued an earlier Notice of Violation due to improper design.
Residents sue the developer for negligence and the state for failing to act.
Outcome:
The court holds the developer liable for damages due to failure to comply with dam safety rules.
The state is not liable, since it did not assume a duty to protect specific individuals, only the general public.
📌 Summary Table
| Regulatory Area | Explanation |
|---|---|
| Dam Classification | Based on size and hazard potential |
| Permitting | Required for new construction or modification |
| Inspections | Periodic inspections; higher risk = more oversight |
| Emergency Action Plans | Mandatory for high/significant hazard dams |
| Owner Responsibility | Owners must maintain safety, report issues, and respond to orders |
| Enforcement | ODNR can issue orders, fines, or legal actions for non-compliance |
RELATED Blog
0 comments