(a) A dam that is less than 10 feet in height; or
(b) A dam that impounds less than 3 million gallons of water or wastewater.
(2) Except as provided in this subsection, ORS 540.443 to 540.491 do not apply to dams regulated under a federal dam safety program. If there is a potential or actual risk of dam failure at a dam regulated under a federal dam safety program, the Water Resources Department may aid in the inspection of the dam and may provide advice and assistance to prevent, mitigate or respond to a potential or actual dam failure. [2019 c.390 §3]
Note: 540.446 becomes operative July 1, 2020. See section 28, chapter 390, Oregon Laws 2019.
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