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The 190th General Court of the Commonwealth of Massachusetts

Section 45A: Construction or alteration of dams; permit approval

Section 45A. No person shall construct or materially alter a dam without applying for and receiving permit approval from the department. The approved permit shall be recorded at the registry of deeds in the county where the dam lies prior to commencement of construction. The application for a permit shall be made on such form or forms as prescribed by the commissioner. The application shall be accompanied by plans, specifications and related documents certified by a registered professional civil engineer. The commissioner shall approve or deny an application within 60 days after receipt. Construction of the dam shall be performed under the supervision of a registered professional civil engineer retained by the applicant and shall conform with the permit and its accompanying plans, specifications and related documents. The commissioner may require the engineer to submit periodic construction reports and drawings upon completion. If, after investigation of such periodic construction reports, the commissioner determines that construction does not conform to such plans and specifications, the commissioner may order the discontinuance of the project until such time as he is satisfied that the work shall be performed in accordance with such plans. The engineer shall certify, upon completion of the work, that the dam has been constructed in accordance with the permit.