NAC535.040. “Dam” defined.

“Dam” means any structure that stores or diverts water for a beneficial purpose. The term includes a dam that is proposed. The term does not include a levee or road embankment that is:

     1. Designed as a levee or floodwall intended to constrain the water of a creek or river to its natural floodplain in the event of a flood;

     2. Designed as a levee for the reinforcement of a ditch, watercourse or canal; or

     3. Designed for the sole purpose of supporting a roadbed, path or other means of conveyance for the transportation of vehicles, pedestrians, trains or bulk commodities if the levee or embankment:

     (a) Is free-draining;

     (b) Has a residence time for impounded storm water of less than 24 hours; and

     (c) Unless the levee or embankment is less than 10 feet in height, has drainage capacity sufficient to pass, without overtopping, an amount of water equal to the storm runoff generated by a storm whose annual chance of exceedence is 1 percent.

     (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)