Access to dams for inspection

The department has authority to enter upon land to inspect a dam during construction, conduct periodic dam inspections after construction, or conduct a dam inspection in response to a complaint that the dam is unsafe. Except in emergency situations as determined by the director, the department will request permission from the landowner to enter the property. If the landowner refuses to give permission or fails to respond within five days of the request, the department may request a district court order for authorization to enter the property to inspect the dam.