reglab/housing_qa huggingface dataset:
NE Code § 46-1637 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1637 - Regulation by political subdivisions; restrictions; conditions.

46-1637.  Regulation by political subdivisions; restrictions; conditions.(1) Except as provided in subsections (2) and (4) of this section, no city, village, or county may, by ordinance or resolution enacted by the legislative body thereof or adopted by the people, (a) regulate, supervise, or provide for the regulation or supervision of any dams and associated reservoirs or the construction, reconstruction, enlargement, repair, alteration, operation, breach, removal, or abandonment thereof or (b) limit the size or the impounding capacity of a dam if such action would conflict with the power and authority vested in the department pursuant to the Safety of Dams and Reservoirs Act.(2) A city, village, or county may adopt ordinances or resolutions (a) regulating, supervising, or providing for the regulation or supervision of dams and reservoirs that are not within the state's jurisdiction and are not subject to regulation, owned, or operated by another public agency or body or (b) which apply only to adjacent structures not germane to the safety of the dam, such as, but not limited to, roads and fences.(3) A city, village, or county may institute overlay zoning precluding construction of structures downstream of a state-permitted dam that is classified as having other than a high hazard potential if a breach-inundation study performed by an engineer, in accordance with generally accepted engineering practice, determines that construction of such structures would require that such dam be reclassified as having a high hazard potential. The owners of such dam shall provide such engineering study as a condition to requesting such overlay zoning.(4) The Safety of Dams and Reservoirs Act does not preempt or supersede any local zoning ordinances, resolutions, rules, or regulations regarding special use permits enacted by a political subdivision with respect to permit applications for livestock waste control facilities.Source Laws 2005, LB 335, § 37.
NE Code § 46-1638 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1638 - Plans and specifications; responsibility of engineer.

46-1638.  Plans and specifications; responsibility of engineer.All plans and specifications for construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of dams and supervision of construction shall be the responsibility of an engineer assisted by qualified engineering geologists and other specialists as necessary.Source Laws 2005, LB 335, § 38.
NE Code § 46-1639 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1639 - Immunity from liability; when.

46-1639.  Immunity from liability; when.(1) No action shall be brought against the state, the department, or its agents or employees for the recovery of damages caused by the partial or total failure of any dam by reason of control and regulation thereof pursuant to the Safety of Dams and Reservoirs Act, including, but not limited to, any of the following:(a) Design and construction application approval of the dam or approval of interim flood routing plans during construction, reconstruction, enlargement, alteration, breach, removal, or abandonment;(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 of the dam during an emergency, except for negligent acts of the department in assuming control of a dam during an emergency; or(e) Failure to act.(2) The Safety of Dams and Reservoirs Act does not relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam.Source Laws 2005, LB 335, § 39.
NE Code § 46-1640 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1640 - Orders and approval; effect.

46-1640.  Orders and approval; effect.The findings and orders of the department, an application approval, and an approval to operate any dam issued by the department are final, conclusive, and binding upon all owners and state agencies, regulatory or otherwise, as to the safety of design, construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of any dam.The department may report all dam incidents as defined by the National Performance of Dams Program to the National Performance of Dams Program archive.Source Laws 2005, LB 335, § 40.
NE Code § 46-1641 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1641 - Change of ownership; notification.

46-1641.  Change of ownership; notification.The owner of any dam subject to the Safety of Dams and Reservoirs Act shall notify the department of any change in the ownership of the dam. Notification shall be in such form and include such evidence of ownership as the director may by rule and regulation require.Source Laws 2005, LB 335, § 41.
NE Code § 46-1642 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1642 - Livestock waste control facility; approvals required.

46-1642.  Livestock waste control facility; approvals required.An applicant for a permit for a livestock waste control facility which includes a dam, holding pond, or lagoon for which approval by the Department of Natural Resources is not otherwise required but for which approval by the Department of Environment and Energy under section 54-2429 is required shall submit an application for approval along with plans, drawings, and specifications to the Department of Natural Resources and obtain approval from the Department of Natural Resources before beginning construction. The Department of Natural Resources shall approve or deny the dam, holding pond, or lagoon pursuant to this section within sixty days after such application is submitted.Source  Laws 2005, LB 335, § 42;  Laws 2019, LB302, § 53.
NE Code § 46-1643 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1643 - Administrative or judicial recourse; not affected.

46-1643.  Administrative or judicial recourse; not affected.The Safety of Dams and Reservoirs Act does not deprive the owner of any administrative or judicial recourse to the courts to which such owner is entitled under the laws of this state.Source Laws 2005, LB 335, § 43.
NE Code § 46-1644 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1644 - Department; employ personnel.

46-1644.  Department; employ personnel.The department shall employ an engineer and such individuals otherwise qualified by training and experience in the design, inspection, construction, reconstruction, enlargement, repair, alteration, maintenance, operation, breach, removal, or abandonment of dams as necessary to carry out the Safety of Dams and Reservoirs Act.Source Laws 2005, LB 335, § 44.
NE Code § 46-1645 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1645 - Consulting board required; when; liability for costs.

46-1645.  Consulting board required; when; liability for costs.When the safety and technical considerations pertaining to an application approval, an approval to operate, or the plans and specifications of a dam require it, or when requested in writing by the owner, the department shall appoint a consulting board of three or more consultants to report to the department on the safety features involved. The cost and expense of a consulting board, if appointed at the request of an owner, shall be paid by the owner.Source Laws 2005, LB 335, § 45.
NE Code § 46-1646 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1646 - Dams; review and approval required; when.

46-1646.  Dams; review and approval required; when.(1) The department shall review and approve the design, construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of all dams in the state for the protection of life and property as provided in the Safety of Dams and Reservoirs Act.(2) No person shall construct, reconstruct, enlarge, alter, breach, remove, or abandon any dam without approval by the department.(3) An owner of a dam who has entered into a cooperative agreement with the department pursuant to subdivision (2)(d) of section 46-1663 shall be deemed to be in compliance with the act.Source Laws 2005, LB 335, § 46.
NE Code § 46-1647 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1647 - Potentially hazardous dams; emergency action plans.

46-1647.  Potentially hazardous dams; emergency action plans.(1) In order to protect life and property, the owner of every high hazard potential dam shall develop and periodically test and update an emergency action plan to be implemented in the event of an emergency involving such dam. In order to protect life and property, the department may require the owners of any significant hazard potential dam to develop and periodically test and update an emergency action plan to be implemented in the event of an emergency involving such dams.(2) Such emergency action plan shall include, but not be limited to, the following elements:(a) Emergency notification plan with flowchart;(b) A statement of purpose;(c) A project description;(d) Emergency detection, evaluation, and classification;(e) General responsibilities;(f) Preparedness;(g) Inundation maps or other acceptable description of the inundated area; and(h) Appendices.(3) For purposes of evaluating the adequacy of an emergency action plan, the department shall review, evaluate for adequacy, and approve or disapprove each emergency action plan submitted under this section. The department shall accept emergency action plans developed for dams under a federal dam safety program.(4) If the department determines that a dam constitutes an immediate risk to life or property, the department shall order the owner to take such action as is necessary to remove such risk.Source Laws 2005, LB 335, § 47.
NE Code § 46-1648 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1648 - Right of entry upon private property; when; immunity.

46-1648.  Right of entry upon private property; when; immunity.In making any investigation or inspection necessary to enforce or implement the Safety of Dams and Reservoirs Act, the department or its representatives, upon reasonable notice, may enter upon private property of the dam and reservoir owner as necessary. Such right of entry shall extend to all employees, surveyors, or other agents of the department in the official performance of their duties, and such persons shall not be liable for prosecution for trespass when performing their official duties.Source Laws 2005, LB 335, § 48.
NE Code § 46-1649 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1649 - Department; investigations and studies.

46-1649.  Department; investigations and studies.(1) The department may investigate and gather or cause the owner to gather such data, including advances made in safety practices elsewhere, as may be needed for a proper review and study of the various features of the design, construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of dams.(2) The department may make or cause the owner to make such watershed investigations and studies as are necessary to keep abreast of developments affecting runoff and peak storm discharges in the vicinity of a dam.(3) The department may make or cause the owner to make such seismic investigations and studies as may be necessary to keep abreast of developments affecting seismic stability of a dam.Source Laws 2005, LB 335, § 49.
NE Code § 46-1650 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1650 - Department; enforcement; powers.

46-1650.  Department; enforcement; powers.(1) The department may take any administrative or legal action necessary for the enforcement of the Safety of Dams and Reservoirs Act.(2) An action or proceeding under this section may be initiated whenever any owner or any person acting as an agent of any owner:(a) Fails to comply with the requirements imposed by the act or by any application approval, approval to operate, order, rule, regulation, or requirement of the department under the act; or(b) Commits or allows the commission of violations of the act or of any application approval, approval to operate, order, rule, regulation, or requirement of the department under the act.(3) Any action or proceeding under this section shall be initiated either administratively or in a court in a jurisdiction in which:(a) The dam, area of hazard potential, or some part thereof exists;(b) The person named in the complaint has its principal place of business; or(c) The person named in the complaint resides.Source Laws 2005, LB 335, § 50.
NE Code § 46-1651 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1651 - Rules and regulations.

46-1651.  Rules and regulations.(1) The department may adopt and promulgate rules and regulations containing standards for the design, inspection, construction, reconstruction, enlargement, alteration, breach, removal, abandonment, and periodic testing of emergency action plans of dams to carry out the purposes of the Safety of Dams and Reservoirs Act. Such rules and regulations may also include, but are not limited to, establishing:(a) Standards and criteria for the siting and design of dams, considering both existing and projected conditions which may affect the safety of a project during its construction and operational life;(b) Requirements for operation of dams, including operational plans to be prepared and implemented by owners;(c) Requirements for monitoring, inspection, and reporting of conditions affecting the safety of dams; and(d) Requirements for emergency action plans to be prepared and implemented by owners in cooperation with emergency management authorities.(2) In adopting rules and regulations applicable to dams which may have a high hazard potential or a significant hazard potential, the department may consider:(a) The state of scientific and technological knowledge and good engineering practices relating to various types of dams;(b) The economic impact of a failure of a structure upon the state and its citizens; and(c) The relationship of dams in hydrologic management in the watershed as a whole.Source Laws 2005, LB 335, § 51.
NE Code § 46-1652 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1652 - Construction or enlargement of dam; application for approval; contents.

46-1652.  Construction or enlargement of dam; application for approval; contents.(1) Construction of any new dam or the enlargement of any dam shall not commence until the owner has applied for and obtained from the department written application approval of plans and specifications.(2) A separate application for each dam shall be filed with the department upon forms provided by the department. Plans and specifications signed and sealed by the design engineer shall accompany the application.(3) The application shall provide the following information:(a) The name and address of the owner;(b) The name and address of the applicant, if different from the owner;(c) The name and address of the operator or other person to be contacted regarding arrangements for inspections or other matters associated with the dam;(d) The location, type, size, purpose, and height of the proposed dam;(e) The reservoir surface areas and associated storage capacity at elevation intervals not exceeding two feet;(f) Plans for proposed permanent instrument installations in the dam;(g) The area of the drainage basin, rainfall records, streamflow records, and flood flow records and estimates, if available;(h) Maps and design drawings showing plans, elevations, and sections of all principal structures and appurtenant works with other features of the project in sufficient detail, including design analyses, to determine safety, adequacy, and suitability of design;(i) The estimated construction cost of the dam; and(j) Such other pertinent information as the department requires.(4) The department may, when in its judgment it is necessary, also require the following:(a) Data concerning subsoil and rock foundation conditions and the materials involved in the construction of the dam;(b) Investigations of, and reports on, subsurface conditions, exploratory pits, trenches and adits, drilling, coring, and geophysical tests to measure in place and in the laboratory the properties and behavior of foundation materials at the dam site;(c) Investigations and reports on the geology of the dam site, possible geologic hazards, seismic activity, faults, weak seams and joints, availability and quality of construction materials, and other pertinent features; and(d) Other appropriate information.(5) If an application is incomplete or defective, it shall be returned to the applicant to complete or to correct the defects. The application shall be corrected and returned to the department within ninety days after it is returned to the applicant or within such additional time as may be allowed by the department. If the application is returned to the department after expiration of such time period, it shall be dismissed.Source Laws 2005, LB 335, § 52.
NE Code § 46-1653 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1653 - Modifications to existing dam; application for approval; contents; exemption.

46-1653.  Modifications to existing dam; application for approval; contents; exemption.(1) Before commencing the reconstruction or alteration of a dam or the abandonment, breach, or removal of a dam so that it no longer constitutes a dam, the owner shall file an application and secure the written application approval of the department.(2) The application shall give such pertinent information or data concerning the dam as may be required by the department.(3) The application shall give the name and address of the applicant and shall adequately detail, with appropriate references to the existing dam, the proposed reconstruction, alteration, abandonment, breach, or removal of the dam. The application shall be accompanied by plans and specifications signed and sealed by the design engineer. The department may waive any of the requirements of this section if the requirements are unnecessary for the application approval.(4) If an application is incomplete or defective, it shall be returned to the applicant to complete or to correct the defects. The application shall be corrected and returned to the department within ninety days after it is returned to the applicant or within such additional time as may be allowed by the department. If the application is returned to the department after expiration of such time period, it shall be dismissed.(5) In case of an emergency in which the department declares that repairs or breaching of the dam are necessary to safeguard life and property, repairs or breaching shall be started immediately by the owner or by the department at the owner's expense. The department shall be notified within twenty-four hours of emergency repairs or breaching when instituted by the owner.(6) The proposed repairs or breaching shall conform to any orders issued by the department.Source Laws 2005, LB 335, § 53.
NE Code § 46-1654 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1654 - Application approval; issuance; public hearing; notice to department; when.

46-1654.  Application approval; issuance; public hearing; notice to department; when.(1) Approval of applications for which approval under sections 46-233 to 46-242 is not required shall be issued within ninety days after receipt of the completed application plus any extensions of time required to resolve matters diligently pursued by the applicant. At the discretion of the department, one or more public hearings may be held on an application.(2) Approval of applications under the Safety of Dams and Reservoirs Act, for which approval under sections 46-233 to 46-242 is required, shall not be issued until all pending matters before the department under the Safety of Dams and Reservoirs Act or such sections have been resolved and approved.(3) Application approval shall be granted with terms, conditions, and limitations necessary to safeguard life and property.(4) If actual construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of the dam is not commenced within the time established by the department, the application approval becomes void, except that the department may, upon written application and for good cause shown, extend the time for commencing construction, reconstruction, enlargement, alteration, breach, removal, or abandonment. If approval under sections 46-233 to 46-242 is also required, the department may not extend the time for commencing construction without following the procedures and granting a similar extension under subsection (2) of section 46-238.(5) Written notice shall be provided to the department at least ten days before construction, reconstruction, enlargement, alteration, breach, removal, or abandonment is to begin and such other notices shall be given to the department as it may require.Source  Laws 2005, LB 335, § 54;  Laws 2009, LB209, § 2;  Laws 2011, LB32, § 1.
NE Code § 46-1655 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1655 - Fees.

46-1655.  Fees.(1) The application for approval of construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of a dam shall be accompanied by a filing fee as established by rule and regulation of the department but not to exceed (a) two hundred dollars for a dam less than twenty-five feet in height, (b) three hundred dollars for a dam twenty-five feet in height to not more than fifty feet in height, and (c) four hundred dollars for a dam in excess of fifty feet in height.(2) Only one filing fee shall be collected for an enlargement by flashboards, sandbags, earthen levees, gates, or other works, devices, or obstructions which are from time to time to be removed and replaced or opened and shut and thereby operated so as to vary the surface elevation of the reservoir.(3) A dam subject to the Safety of Dams and Reservoirs Act and for which plans and specifications have been approved prior to September 4, 2005, shall not be required to pay any additional fee or submit an additional application for approval unless such dam requires reconstruction, enlargement, alteration, breach, removal, or abandonment.(4) An application shall not be considered by the department until the filing fee is received.(5) Fees collected by the department under this section shall be remitted to the State Treasurer for credit to the Dam Safety Cash Fund.Source Laws 2005, LB 335, § 55.
NE Code § 46-1656 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1656 - Dam Safety Cash Fund; created; use; investment.

46-1656.  Dam Safety Cash Fund; created; use; investment.The Dam Safety Cash Fund is created. The fund shall consist of fees credited pursuant to section 46-1655 and any money specifically appropriated to the fund by the Legislature. Money in the fund shall not be subject to any fiscal-year limitation or provision for lapse of unexpended balance at the end of any fiscal year or biennium. The fund shall be administered by the department. Money in the fund may be expended by the department for costs incurred by the department in the administration of the Safety of Dams and Reservoirs Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source Laws 2005, LB 335, § 56. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.