Marin County Municipal Code Ch. 11.04 Dam Construction and Repair

Unless the context otherwise requires, the definitions in this section govern the construction of this chapter:

DEPARTMENT. The term "department" means the department of public works of the county;

DIRECTOR OF PUBLIC WORKS. The term "director of public works" means the director of public works of the county;

DAM. "Dam" means any artificial barrier, together with appurtenant works, if any, across a stream, channel, water course, or natural drainage course which does or may impound or divert water and which meets one of the following criteria:

(a) Is less than six feet in height from natural stream bed to crest of spillway, regardless of impounding capacity; or,

(b) Has an impounding capacity of less than fifteen acre feet regardless of height; or,

(c) Is both less than twenty-five feet in height from natural stream bed to crest of spillway, and has an impounding capacity of less than fifty acre feet.

No artificial barrier, together with appurtenant works, if any, across a stream, channel, watercourse, or natural drainage course which does or may impound or divert water and is both less than two feet in height from natural stream bed to crest of spillway and has an impounding capacity less than five-tenths acre feet shall be considered a dam.

No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, no railroad fill or structure, and no road or highway fill or structure, shall be considered a dam;

OWNER. The term "owner" includes any person, firm, corporation, or any duly authorized agents, lessees or trustees thereof who own, control, operate, maintain, manage or propose to construct a dam;

ALTERATIONS — REPAIRS. The terms "alterations," "repairs," or either of them mean only such alterations or repairs as may affect the safety of a dam;

ENLARGEMENT. The term "enlargement" means any change in or addition to an existing dam which raises or may raise the water storage elevation of the water impounded by the dam. Water storage elevation means that elevation of water surface which could be obtained by the existing dam as previously operated were there no outflow and were the reservoir full of water.

(Ord. 1829 § 1, 1971; Ord. 962 § 1, 1958)

Construction or repair of any dam located within the coastal zone, as defined by the Coastal Act of 1976, may be subject to a coastal development permit pursuant to Chapters 22.56 and 22.57 of this code. Different standards, as set forth in Chapters 22.56 and 22.57, are applicable to projects located in coastal districts.

(Ord. 2637 § 2, 1981)

No action shall be brought against the county or any of its agents, officers or employees for the recovery of damages caused by the partial or total failure of any dam or through the operation of any dam upon the ground that such defendant is liable by virtue of any of the following:

(a) The approval of the dam;

(b) The issuance or enforcement of orders relative to maintenance or operation of the dam;

(c) Control and regulation of the dam;

(d) Measures taken to protect against failure during an emergency.

(Ord. 962 § 2, 1958)

Nothing in this chapter shall be construed to relieve an owner or operator of a dam of the legal duties, obligations or liabilities incident to the ownership or operation of the dam.

(Ord. 962 § 3, 1958)

It shall be the duty of the department of public works of the county to administer the provisions of this chapter and Chapter 23.09 (insofar as it may apply) and to supervise the construction, enlargement, alteration, repair, maintenance, operation and removal of dams for the protection of life and property.

(Ord. 2710 § 2, 1982: Ord. 2690 (part), 1982: Ord. 962 § 4, 1958)

It is unlawful to construct, enlarge, repair, alter, remove, maintain or operate any dam except upon approval of the department as provided in this chapter.

(Ord. 962 § 5, 1958)

In making any investigations or inspections required or authorized by this chapter, the department or its representatives may enter upon private property as may be necessary.

(Ord. 962 § 6, 1958)

The department, from time to time, shall make inspections of dams in the unincorporated territory of the county at county expense for the purpose of determining their safety, but shall require owners to perform at their expense such work as is necessary to disclose information sufficient to enable the department to determine conditions of the dams in regard to their safety and to perform at their expense other work necessary to secure maintenance and operation which will safeguard life and property.

(Ord. 962 § 7, 1958)

If the condition of any dam is so dangerous to the safety of life or property as not to permit of time for the issuance and enforcement of an order relative to maintenance or operation, the department may do any of the following:

(a) Lower the water level by releasing water from the reservoir;

(b) Completely empty the reservoir;

(c) Take such other steps as may be essential to safeguard life and property.

The department shall continue in full charge and control of such dam and reservoir and its appurtenances until they are rendered safe or the emergency occasioning the action has ceased. The cost and expenses of the remedial means provided in this section, including cost of any work done to render a dam or its appurtenances safe, shall be recoverable by the county from the owner by action brought in a court of appropriate jurisdiction.

(Ord. 962 § 8, 1958)

The construction, enlargement, repair, alteration or removal of any dam shall not be commenced until the owner has applied for and obtained from the department a dam permit as provided herein. Application shall be on forms supplied by the department and shall be accompanied by a nonrefundable application fee as established in the current "Resolution of the Marin County Board of Supervisors Establishing Fees for Permits Administered by the Department of Public Works" to cover the cost of processing the application. The application shall contain the following information:

(a) The name and address of the owner;

(b) The location, type, size and height of the dam and appurtenant works;

(c) The storage capacity of the reservoir;

(d) As accurately as may be readily obtained, the area of the drainage basin, rainfall and stream flow records, and flood flow records and estimates;

(e) The purpose for which the impounded or diverted water is to be used;

(f) Maps, plans and specifications of such character and size and setting forth such pertinent details and dimensions as the department requires;

(g) The proposed time of commencement and of completion of the work covered by the application;

(h) Erosion control measures in accordance with Chapter 24.04, Article VIII, Grading;

(i) Such other pertinent information as the department requires, such as but not limited to the following: subsoil and foundation conditions and a report of a recognized soils engineer.

Upon the filing of such application, the department shall review the same and may, in connection with the approval of any such application, impose any appropriate conditions or requirements in connection with the work to be done. Prior to the issuance of a dam permit the applicant shall deposit with the director of public works the inspection fee determined by the director to cover the cost of inspection.

Inspection fees are hereby waived when the applicant is either a local governmental entity such as a special district, school district or municipality, or is a utility company regulated by the California Public Utility Commission.

If any work requiring a permit is begun without a permit, the permit fees shall be doubled to compensate for the extra work involved in inspecting completed or partially completed work.

Notwithstanding the foregoing provisions of this section, emergency work necessary to safeguard life and property may be started immediately upon any existing dam, but the department shall be notified at once of proposed repair and of work underway.

(Ord. 2802 § 4, 1983: Ord. 2209 § 1, 1976: Ord. 1840 § 1, 1971: Ord. 962 § 9, 1958)

Actual construction in accordance with an approved application, shall be commenced within one year after date of approval, otherwise the approval becomes void. The department may, however, upon written application and for good cause shown, extend the time for commencing construction. In any event, notice shall be given to the department at least ten days before any construction is to be commenced and such other notices shall be given to the department as it may require.

(Ord. 962 § 10, 1958)

Immediately upon completion of any work covered by a previously approved application, the owner shall give a notice of completion to the department and as soon thereafter as possible shall file with the department supplementary drawings or descriptive matter showing or describing the dam as actually constructed, and such other information as the department may require which may include but is not necessarily limited to the following:

(a) A record of all grout holes and grouting;

(b) A record of permanent location points and bench marks;

(c) A record of tests of concrete or other material used in the construction of the dam;

(d) Any other items which may be of permanent value and have a bearing on the safety and permanency of the dam.

Upon giving notice of the completion of such work to the department and upon the filing of such information, the department shall inspect the completed work. The department shall issue a certificate of approval upon a finding that the work has been done in accordance with the approved plans and specifications and that the dam is safe for use to the full extent contemplated in the approved plans and specifications. Pending issuance of such a certificate of approval by the department, the dam shall not be used except upon written consent from the department and subject to such conditions as may be reasonably imposed on it for the protection of life and property. If the work to be done consists of the removal of an existing dam, no certificate of approval of such work shall be issued until the department has inspected the work and has determined that all danger to life and property has been eliminated.

(Ord. 962 § 11, 1958)

The department may make such inspections as it deems necessary of all dams existing prior to the date of adoption of this chapter and in connection therewith, may require the owners of such dams to perform at their expense such works or tests as are necessary to disclose information sufficient to enable the department to determine whether to issue certificates of approval of such existing dam or to issue orders directing further work at the owner's expense necessary to safeguard life and property. If upon inspection or upon completion to the satisfaction of the department of all work that may be ordered, the department finds that the dam is safe to the full extent for which use is or will be made, a certificate of approval of such existing dam shall be issued.

(Ord. 962 § 12, 1958)

Upon receipt of a written complaint alleging that the person or property of the complainant is endangered by the construction, maintenance or operation of any dam, the department shall cause such inspection as it may deem necessary to be made of such dam. If it is found that an unsafe condition exists, the department shall take such action as is necessary to render or cause the condition to be rendered safe. Such action may include the requirement that the owner may make any necessary repairs or alterations to such dam.

(Ord. 962 § 13, 1958)

During the construction, enlargement, repair, alteration or removal of any dam, the department shall make continuous or periodical inspections for the purpose of securing conformity with the approved plans and specifications. If after any inspections, investigations or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval it is found by the department that amendments, modifications or changes are necessary to insure safety, the department may order the owner to revise the plans and specifications. If conditions are revealed which will not permit the construction of a safe dam, the approval of the application for permission for construction may be revoked. If at any time during the construction, enlargement, repair or alteration of any dam the department finds that the work is not being done in accordance with the provisions of the approval and the approved plans and specifications, it shall give written notice thereof to the owner. Such notice shall state the particulars in which the approval and approved plans and specifications are not being or have not been complied with and shall order the immediate compliance with the approval and approved plans and specifications. The department may order that no further work be done until such compliance has been effected and approved by the department. A failure to comply with the approval and approved plans and specifications shall render the approval subject to revocation by the department if compliance is not made in accordance therewith after notice and order from the department, as provided herein.

(Ord. 962 § 14, 1958)

Any person who wilfully obstructs, hinders or prevents the department or its agents or employees from performing the duties imposed by this chapter or who wilfully resists the exercise of the control and supervision conferred by this chapter upon the department, or its agents or employees shall be guilty of a violation of this chapter and shall be subject to punishment as hereinafter provided.

(Ord. 962 § 15, 1958)

Any owner or any person acting as a director, officer, agent or employee of an owner, or any contractor or agent or employee of a contractor, who engages in the construction, enlargement, repair, alteration, maintenance or removal of any dam who knowingly does work or permits work to be executed on the dam without an approval or in violation of or contrary to any approval as provided for in this chapter, is guilty of a violation of this chapter and shall be subject to punishment as hereinafter provided.

(Ord. 962 § 16, 1958)

Every person who violates any of the provisions of this chapter or of any approval, order, rule or requirement of the department, is guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period not exceeding one hundred eighty days, or by both such fine and imprisonment. In the event of a continuing violation, each day that the violation continues constitutes separate and distinct offense.

(Ord. 962 § 17, 1958)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of constitutionality of the remaining portions of this chapter, it being hereby expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted, irrespective of the fact that any one or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.

(Ord. 962 § 18, 1958)