March 25, 2021

• Our Annual Reminder – “Spring Cleaning Tips”
• The Nitty-Gritty of Transferring Dam Ownership
• Update To The DNR Surface Water Data Viewer
• We are Hiring
• Dam Fun

Our Annual Reminder – “Spring Cleaning Tips”

Fortunately, it appears that we’ve experienced a slow and steady snow melt in Wisconsin this year, however, the three-month outlook from the National Weather Service Climate Prediction Center indicates that precipitation will be above-normal.  This leads us to our annual reminder about “spring cleaning tips” at your dam.

Melted snow and dormant vegetation make visual observation of dams much easier.  By starting now, dam owners can get their dams as ready as possible for potential flooding.  Dam owners can prepare by doing the following:

• Review Emergency Action Plan (EAP) and Inspection, Operation and Maintenance Plan (IOM) – Review the EAP and IOM to ensure the plans are still current, particularly contact information and list of suppliers for emergency resources.  If a dam doesn’t have a formal EAP or IOM in place, now would be a good time to create the plans.  An EAP template and IOM template are available on the DNR website;
• Debris clean up – Clean any accumulated debris such as branches and weeds from gates, spillways, auxiliary spillways and outlet structures. Debris in spillways and gates severely reduces capacity of the dam and often leads to overtopping during high flows;
• Gate operation – Check gate operators. If there are chains to lift gates, ensure they are in good condition and will not fail if gates need to be opened or logs need to be pulled.  Lubricate motors and gate stems.  Find gate wheels, keys to fences, pike poles, and gaff hooks and place them in an easily accessible location;
• Structural inspection – Walk the dam, note problems that have developed over the winter, and plan for repairs.  Take pictures and document freeze/thaw damage, areas of erosion or instability such as scour, scarps or sloughing, seepage or piping, and other changes that could affect dam operation during normal and flooding conditions.  It is also easier to see new and old rodent burrows prior to the green-up of the embankment vegetation. You should clean out these features and fill the resulting holes with clean, firmly compacted fill soil.  Fact sheets on nuisance wildlife provide information about mammals you may encounter at your dam, and guidelines to help you solve nuisance wildlife problems.

 If serious problems are observed, notify a consultant engineer and the DNR regional dam safety engineer right away.

It is important to use proper safety equipment when working around the spillway of your dam. Typically, in early spring, areas of the ground are still frozen and slippery. For safety, it is wise to have additional assistance when performing any work or debris removal around the spillway.

If flooding does occur, owners’ consulting engineers, DNR regional dam safety engineers and the State Emergency Operations Center (SEOC) will coordinate efforts to evaluate dams and provide technical assistance to owners of dams impacted by the high water and debris.  Remember, safety should always be a priority!

The Nitty-Gritty of Transferring Dam Ownership

There are approximately 4,700 dams in Wisconsin, of which 60 percent are privately owned.  Since 1981, Wisconsin law (s. 710.11, Wis. Stats.) requires buyers and sellers to comply with financial, maintenance, and transfer requirements before transferring ownership of a specific piece of land on which a dam is located.

Beginning in 2014, real estate transactions involving a dam totally or partially located on the property must now include a disclosure notifying the buyer and seller about the presence of the dam and the transfer of dam ownership requirements (2013 Wis. Act 304).  In fact, a real estate transaction could be nullified if the parties fail to complete the dam transfer process with the DNR prior to the sale of the property.

Why does ownership of a dam need to be transferred?

Quite simply, to ensure that dams are properly maintained!  All dam owners should familiarize themselves with legal obligations of maintaining a dam in a safe and operable condition.  Dam owners are responsible for the safety of their dam and must assume liability of the dam if it fails or is not maintained and operated in a proper manner.  A dam owner is also responsible for any repairs that may be necessary to keep the dam safe and operating properly.

Dams come in a variety of shapes and sizes and are not always large concrete structures that many envision.  Some property owners may not even realize they have a dam on their property. Dams can be large concrete structures across major rivers, small earthen embankments with a culvert and stop logs, or even just a single board across a waterway.  Wisconsin law defines a dam as “any artificial barrier in or across a watercourse which has the primary purpose of impounding or diverting water”.  If you are standing on what you think may be a dam and the water is higher on one side and lower on the other side, there is a very good chance that it is a dam. This can be true even if it is a minimal difference between the water levels.

Who can assume ownership of a dam?

Ownership of a dam can be transferred from: private individual to private individual, private individual to a municipality, or municipality to another municipality.  A dam may not be transferred from municipal ownership to private ownership, and a foreign corporation may not assume ownership of a dam (s. 31.21, Wis. Stats).

Transfer application process

Depending on the dam and property, the transfer process may take 30 to 120 days. It is recommended that you contact DNR early in the process of selling your property and not set closing dates without completing all necessary dam transfer requirements.  The transfer application process typically requires the following:

• Inspection by a professional engineer
• Plan to complete any necessary repairs
• Demonstration of financial responsibility to operate and maintain the dam for a minimum of 10 years.
• Identification of all portions of the dam and proof of ownership or access through easements must be included in the transfer paperwork.
• For dams located on navigable watercourses, a minimum 30-day public notice period must take place before the transfer is complete.
• Once the transfer is approved, the permit will need to be recorded with the Register of Deeds.

Any property transfer involving a dam, except for dams constructed as part of a cranberry operation, requires a Water Permit from WDNR.  Choose the “Dams” activity dropdown and click “Begin IP application” next to “Transfer of ownership”.  There is a $500 fee for the permit application to transfer ownership of a dam.

More information can be found on the DNR dam safety website .  The site includes a fact sheet on responsibilities of owning a dam, mandatory owner-inspection requirements for large dams and how to hire an engineer to assist you with the transfer and inspection process. If you are unsure whether you have a dam on your property, you can look at the DNR dam search webpage.  It is important to note that not all dams are listed on the website as some dams may not have gone through the appropriate authorization process when they were initially constructed.  Contact your DNR regional dam safety engineer early to assist with the transfer process.

Update To The DNR Surface Water Data Viewer

The DNR launched an enhancement to the Surface Water Data Viewer (SWDV) dam and floodplain layer theme. The layer groupings have been reorganized to make the structure more logical and intuitive.

For an easy way to view the dam and floodplain mapping and modeling information, follow these steps:

• Use the link above in the browser of your choosing. It will bring you to a map of the entire state. Use the zoom tools in the top toolbar to zoom to your location of interest.
• Then, click on the “show layers” icon in the top toolbar.  There is a sidebar that appears on the left, listing available layers.
• At the top of this sidebar, there is a dropdown menu.  Pull it down and choose a layer theme of “dam and floodplain information”. Note in the sidebar that there is a grouping titled “Dams & Floodplains” that appears with a checkmark next to it, with multiple subgroupings appearing below it. Selecting this grouping turns on several useful data layers related to dams and floodplains; an explanation of the layers that automatically appear is given in the next part of this article.
• Many more layers are available that do not immediately turn on. Boxes with a checkmark next to them in the groups or individual layers are visible in the map window. Toggle on the checkmark box to turn them on or off. Additionally, layer groups have a “+” or “-“ sign in front of them. Click on the “+” to expand a group; click on a “-“ to collapse a group.

“DAMS” SUBGROUP

The subgroup titled “Dams” contains two layers that turn on: “Dams” and “Federal Energy Regulatory Commission or FERC Project Boundaries”.  The “Dams” layer shows the locations of dams on record with the department, represented by points. In areas where hydropower dams, regulated by FERC exist, the “FERC Project Boundaries” layer shows lands where the FERC licensing requirements for such dams are applicable.

“FLOODPLAINS” SUBGROUP

The subgroup title “Floodplains” contains four sub-subgroupings, which are explained below.

The sub-subgroup titled “Digital FEMA Floodplains (National Flood Hazard Layer)” contains flood map information that is “streamed” from the Federal Emergency Management Agency (FEMA) database. The layers that automatically turn on when the theme is selected are the “Flood Insurance Rate Maps, or FIRM Panels”, “Flood Hazard Zones” and “Cross Sections” layers.

 The FIRM Panels are rectangles that represent outlines of individual FEMA maps. The “Flood Hazard Zones” correspond to risk zones; the “1% Annual Chance Flood Hazard” and “Floodway” areas are what are collectively more commonly known as 100-year floodplains and are the extents of areas regulated by local floodplain ordinances. The “Cross Sections” correspond with locations where specific 100-year flood elevations are computed by hydraulic model simulations and used for floodplain ordinance administration.

The sub-subgroup titled “Paper FEMA Floodplains” contains scanned copies of paper maps showing regulatory floodplain boundaries, flood elevations, cross-sections, etc., overlaid in a GIS environment. This layer only applies to a few counties in the state where FEMA has not yet converted to digital data. 

The sub-subgroup titled “Floodplain Analysis Data” shows locations where hydrologic and/or hydraulic model data has been developed for determining regulatory flood extents. Their locations will be represented either by highlighted stream lines (where models were done for stretches of stream) or points (where only a limited study was done for, say, a bridge or individual property). 

The color of the highlighting represents study types. The DNR has digital copies of model data for many of these streams; contact your regional Water Management Engineer for details on how to retrieve models.

The sub-subgroup titled “Digital State Floodplains” contains flood study information that has been developed for other zoning purposes; while FEMA does not adopt the data, it typically has zoning and/or risk implications for the mapped area.

The “Floodplains” and “Cross Section” layers in this group are the results of non-FEMA flood studies or dam failure analyses (DFAs). The “Flood Storage Districts” layer (note:  this layer is not automatically turned on by selecting the theme) shows areas where ponded water volumes have been accounted for in determining flood discharges.

One final note – while the SWDV contains a lot of useful information, these are not official regulatory maps. The viewer is limited to the data that is available digitally and is not comprehensive. Official floodplain data and information is maintained and governed by local (city, village, or county) ordinances and zoning. 

If you have questions about whether floodplain regulations govern your property or a potential project, first contact your local zoning administrator and if additional assistance is needed, contact the DNR water management engineer assigned to your county.

We are Hiring

The DNR is recruiting a Dam Safety and Floodplain Mapping Section Chief, responsible for administering the statewide dam safety and floodplain mapping subprograms within the Waterways program and External Services division. The position manages program activities, establishes training, technical assistance, and standards and procedures to ensure statewide consistency of dam inspection and design plan review, the development and review of complex hydrologic and hydraulic models and other activities. The position supports dam and flood emergency response and state and local operations centers and provides expert consultation services during dam emergencies.

Applicants must have Wisconsin registration as a Professional Engineer (or equivalent) or ability to obtain registration within six months and at least one year of professional work experience related to dam safety or floodplain management. The successful candidate may choose a location at any DNR facility based on space availability and managerial approval.

Job announcement details available at  http://wisc.jobs/public/job_view.asp?annoid=103165&jobid=102679&org=370&class=27030&index=true.  The deadline to apply is March 30, 2021.

Dam Fun

Did you know that the Association of State Dam Safety Officials (ASDSO) has a page on their website dedicated to Dams 101 for Kids?  Not only does it explain some basics about dams, it has some fun activities too!

• Link to a game created by PBS that lets players pretend to be a real dam engineer: http://www.pbs.org/wgbh/buildingbig/dam/challenge/
• Link to a crossword puzzle: https://damsafety.org/sites/default/files/files/Dam_Crossword.pdf

"Dam Safety News" is published by the WDNR, Bureau of Watershed Management. Its purpose is to inform dam owners, operators and others concerned about dam safety issues.  Comments or contributions are welcome. 

This newsletter is supported by funding through FEMA National Dam Safety Grant No. EMC-2018-GR-00005 as part of the National Dam Safety Program. The contents do not necessarily reflect the views and policies of the Federal government.