April 11, 2025

Supporting Dam Operation Permit Renewals

Freese and Nichols (FNI) offers comprehensive support for dam owners, facilitating compliance with the latest regulations. Our team of experienced dam engineers specializes in inspections, evaluations, and regulatory compliance, providing tailored solutions for dams of all types and sizes. We guide dam owners through the entire permit renewal process, from initial application to final compliance certification.

Arkansas Dam Operation Permit Renewals

The Arkansas Department of Agriculture, Natural Resources Division (ADA-NRD), through its Dam Safety Section, regulates and supervises dams for the citizens of Arkansas. Dam safety regulations are established in Title 15, Chapter 22, Subchapter 2 of the Arkansas Code of 1987 and Title 7 – Arkansas Natural Resources Commission Rules Governing Design and Operation of Dams.

Title 15 mandates that Operation Permits are required for all non-federal dams meeting regulatory benchmarks. These permits are issued by the ADA-NRD for a period not exceeding 50 years. As of January 1, 2025, ADA-NRD has implemented a process for renewing expired Operation Permits.

 

Who is Affected?

ADA-NRD has reviewed the state’s dam inventory and sent letters to affected dam owners. The Permit Renewal does not apply to federally-owned dams.

What is Required

Phase 1

Dam owner files an Operation Permit Application of decommission dam
Operation Permit Renewal Application (due March 31, 2025)

Phase 2

Dam owner works with Engineer to develop an Operation Assessment Report consisting of:

• Dam background and history
• Visual Inspection
• Review Operation Plans, including O&M Manual and Emergency Action Plan
• Downstream hazard assessment
• Design evaluation (hydrology and hydraulics (H&H), geotechnical, structural, instrumentation)
• Engineer’s report and findings

Operation Assessment (Due March 31, 2026)

Phase 3

Dam owner submits either:

• Certificate of Confirmed Compliance, or
• Plan for achieving compliance, or
• Plan for dam decommissioning

Compliance Certification (Due June 30, 2026)

Phase 4

Issue new Operation Permit

• ADA-NRD reviews information and either issues a new dam operation permit or provides guidance to dam owners on actions needed to achieve compliance

Permit Issuance/Direction for Further Action (March 31, 2028) 

TO LEARN MORE:

• Contact Greg Simmons, PE, DFM – gregory.simmons@freese.com
• Contact Chris Stoner, PE – chris.stoner@freese.com