Grower Alerts: Dam Safety Orders/Registration

Recently (December 2008) the Growers’ Association has learned that the Massachusetts Office of Dam Safety has sent dam safety order letters to many owners of low-hazard dams, informing them that they are due for a 10-year inspection report. This inspection may or may not be applicable to your farming operation. There are agricultural exemptions that may make your dam non-jurisdictional, meaning the state can not require the inspection report.

In order to qualify for the exemption, you need to meet ONE of the following four criteria AND you must notify the Office of Dam Safety. In your letter, you need to include your contact information, location of the dam and which criteria under the agricultural exclusion definitions you qualify for.

Dam Safety Regulations – 302 CMR 10.03, Agricultural Use Exclusion

The best way to notify the office is to use the standard exemption response form that the Growers’ Association developed and mail it to the Office of Dam Safety by certified mail. The form letter is available below. The state will then make a determination on your finding, which may require a site visit. In some instances the state reserves the right to still declare your dam jurisdictional (under state control for inspection reporting), even if it’s on land in agricultural use, if they declare that the dam poses a threat to public safety. However, if they agree that your dam meets the agricultural exclusion criteria, your dam is then considered non-jurisdictional under the state regulations and not subject to the inspection.

Response Letter For Inspection Order ( to be edited as you wish):
MS-Word (28KB)

| RTF (17KB) | PDF (20KB)

Download Instructions: From a PC, right-mouse click the preferred file format above and choose "Save Target As...";
Note: Edit the file as you wish; any sections written in italics need to be edited by you.

Grower Advisories:
For an overall understanding of the Dam Safety Regulations, please refer to the July 2005 Grower Advisory titled “Dam Maintenance, Safety and Liability” (PDF: 59KB)

For more information on monitoring and maintaining dams, see the Grower Advisory titled “Dam Monitoring and Maintenance” (PDF: 136KB)

If the state is not requiring an inspection report but instead is requiring registration of your dam (a registration push was conducted by the state in 2005-2006), a response letter template for registration issues only is available here: MS-Word (28KB)

| RTF (16KB) | PDF (20KB)

If you don't have a PDF reader installed on your computer, you can download free software at the Adobe web site.

Growers ~ Alerts ~ Dam Safety Orders/ Registration
Dam Safety Orders Recently (December 2008) the Growers’ Association has learned that the Massachusetts Office of Dam Safety has sent dam safety order letters to many owners of low-hazard dams, informing them that they are due for a 10-year inspection report. This inspection may or may not be applicable to your farming operation. There are agricultural exemptions that may make your dam non-jurisdictional, meaning the state can not require the inspection report. In order to qualify for the exemption, you need to meet ONE of the following four criteria AND you must notify the Office of Dam Safety. In your letter, you need to include your contact information, location of the dam and which criteria under the agricultural exclusion definitions you qualify for. Dam Safety Regulations – 302 CMR 10.03, Agricultural Use Exclusion any structure which is used to temporarily divert water on land in agricultural use any barrier classified as small and/or low hazard that is on land in agricultural use any barrier which is not in excess of six feet in height, regardless of storage capacity any barrier which has a storage capacity at maximum water storage elevation not in excess of 15 acre feet, regardless of height The best way to notify the office is to use the standard exemption response form that the Growers’ Association developed and mail it to the Office of Dam Safety by certified mail. The form letter is available below. The state will then make a determination on your finding, which may require a site visit. In some instances the state reserves the right to still declare your dam jurisdictional (under state control for inspection reporting), even if it’s on land in agricultural use, if they declare that the dam poses a threat to public safety. However, if they agree that your dam meets the agricultural exclusion criteria, your dam is then considered non-jurisdictional under the state regulations and not subject to the inspection. Response Letter For Inspection Order ( to be edited as you wish): MS-Word (28KB) \| RTF (17KB) \| PDF (20KB) Download Instructions: From a PC, right-mouse click the preferred file format above and choose "Save Target As..."; Note: Edit the file as you wish; any sections written in italics need to be edited by you. Grower Advisories: For an overall understanding of the Dam Safety Regulations, please refer to the July 2005 Grower Advisory titled “Dam Maintenance, Safety and Liability” (PDF: 59KB) . For more information on monitoring and maintaining dams, see the Grower Advisory titled “Dam Monitoring and Maintenance” (PDF: 136KB) . If the state is not requiring an inspection report but instead is requiring registration of your dam (a registration push was conducted by the state in 2005-2006), a response letter template for registration issues only is available here: MS-Word (28KB) \| RTF (16KB) \| PDF (20KB) If you don't have a PDF reader installed on your computer, you can download free software at the Adobe web site.

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