West Virginia Code § 22-14-5

Unlawful to place, construct, enlarge, alter, repair, remove or abandon
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dam without certificate of approval; application required to obtain certificate.
It is unlawful for any person to place, construct, enlarge, alter, repair, remove or abandon
any dam under the jurisdiction of the secretary until he or she has first: (a) Filed an
application for a certificate of approval with the department; and (b) obtained from the
department a certificate of approval: Provided, That routine repairs which deo not affect the
safety of a dam are not subject to the application and approval requirements. A separate
application for a certificate of approval must be submitted by a person rfor each dam he or
she desires to place, construct, enlarge, alter, repair, remove or abandon. One application
may be valid for more than one dam involved in a single project or in the formation of a
reservoir.
Each application for a certificate of approval shall be made in writing on a form prescribed
by the secretary and shall be signed and verified by the applicant. The application shall
contain and provide information which may be reasonably required by the secretary to
administer the provisions of this article.
In the case of dams designed by the natural resources conservation service for transfer to
any political subdivision, the director shall, within sixty days after receipt of a completed
application therefor, issue a certificagte of approval without review of the plans and
specifications: Provided, That the state, its employees and agents are not responsible or
liable for errors, omissions or eflaws in the design, construction or modification of such dams.

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