Impounding structures, certain; variances to general permit requirements.
Impact
The bill specifies that owners must prepare a simplified emergency preparedness plan and conduct annual inspections of their impounding structures. This proactive approach reinforces safety standards and prepares owners for emergency scenarios, thereby potentially reducing risks related to flooding and structural failures. Additionally, the bill provides a six-year term for general permit coverage, after which owners are required to reapply, ensuring ongoing compliance with state regulations.
Summary
House Bill 216, aims to regulate low hazard potential impounding structures through the introduction of a general permit framework. The bill stipulates the requirements for owners to register their structures with the Department of Conservation and Recreation, including details such as location, height, and volume of water impounded. This registration is vital for the state to maintain oversight on structures that could pose a risk to public safety. The general permit process is designed to streamline the compliance protocol for owners while ensuring essential safety measures are maintained.
Contention
Notable points of contention surrounding HB216 include the implications of allowing owners to seek variances from the general permit requirements. While the ability to request variances may aid owners in certain circumstances, concerns about the potential risks involved in fewer regulatory constraints have been raised. The bill's provisions for immediate notification in case of failure or imminent failure further emphasize the responsibility placed on owners to safeguard public interest, but it also brings forth discussions about the adequacy of penalties for non-compliance, which might not deter negligence effectively.
Substitute for HB 2114 by Committee on Agriculture and Natural Resources - Clarifying which structures shall be considered water obstructions and not a dam, increasing application fees for a permit to construct, modify or add to a dam, requiring post-construction permit fees and requiring any licensed professional engineer who conducts inspections required by the act to be approved by the chief engineer or a certified intern engineer who is under the supervision of a licensed professional engineer.
Relating to the treatment of a replacement structure for a structure that was rendered uninhabitable or unusable by a casualty, a natural disaster, or wind or water damage as a new improvement for ad valorem tax purposes.
State Board of Forestry and Fire Protection: defensible space requirements: ember-resistant zones: emergency regulations: California Environmental Quality Act.
AN ACT to create and enact sections 11-33-17.1, 40-47-05.1, and 58-03-14.1 of the North Dakota Century Code, relating to nonconforming structures in counties, cities, and townships.