Title XIV — ROADS AND WATERWAYS

236.230. Dams without chutes declared nuisances. — Every person who shall erect or maintain, or cause to be erected or maintained, in or across any of the waters of this state, unless said waters be wholly upon his own premises, any dam or other obstruction, no matter for what pu…

236.240. Dams deemed public nuisances, when. — All dams, stoppages and obstructions not made according to law shall be deemed to be public nuisances, and may be dealt with as such. ­­-------- (RSMo 1939 § 10309) Prior revisions: 1929 § 9180; 1919 § 7422; 1909 § 5479

236.250. Forfeiture of rights, when. — If any person or corporation, or his or its legal representatives, to whom permission to erect a dam by virtue hereof shall have been given, shall fail to build, rebuild or repair the same, together with the mill, electric power and light wo…

236.255. Dam reconstructed and maintained when used for other purposes. — In any case where a dam has been erected for a period of thirty years or more, and property above the dam within one mile of the point where the dam is situated has been developed for use of the impounded w…

236.260. Privilege to construct dam to cease, when. — If the improvement of the navigation of any stream shall be undertaken by the state, or by any county, or other lawful authority under the state, then the privilege of keeping any dam across such stream, the right to construct…

236.270. Penalty for building without permission. — Any person who shall build or heighten any dam, or any other stoppage or obstruction on or across any watercourse, without first obtaining permission from the court of the proper county, according to law, and shall thereby work …

236.280. Right to divert stream through tunnel — conditions. — Any person or persons, firm or firms, corporation or corporations, owning lands extending across the neck of any bend in any of the rivers of this state where a tunnel through such bends would create a waterfall to cr…

236.400. Definitions. — As used in sections 236.400 to 236.500, standards, rules and regulations promulgated hereunder, unless the context otherwise requires the following words and terms mean: (1) "Agricultural dam", any dam constructed to impound water for use in irrigation, li…

236.405. Employment of engineer and assistants — records — rulemaking, procedure. — 1. There is hereby created a dam and reservoir safety program in the department of natural resources. The council shall promulgate rules, regulations, guidelines, and standards relating to the det…

*236.410. Council established — members, terms, qualifications, officers — meetings — quorum — compensation — report. — 1. There is hereby created a "Dam and Reservoir Safety Council", whose domicile for the purposes of sections 236.400 to 236.500 shall be the department of natur…

236.415. Council's powers and duties — public hearings required — adoption of rules and regulations, procedure. — 1. The council considering recommendations of the chief engineer shall, subsequent to a public meeting, adopt, subject to the approval of the director, the general te…

236.420. Inspection of dams and reservoirs, when — report on conditions. — The council, with the advice and assistance of the chief engineer, shall carry out a state program of inspection of dams and reservoirs in accordance with regulations adopted by the council. All dams and r…

236.425. Chief engineer's duties — search warrants — council to hear certain appeals. — 1. The chief engineer shall administer the provisions of sections 236.400 to 236.500 by: (1) Recommending general technological guidelines that pertain to the design, construction, maintenance…

236.430. Employees, council to provide for. — The council shall retain, employ, provide for and compensate within appropriations available therefor, such consultants, assistants, and other employees on a full- or part-time basis as may be necessary to carry out the provisions of …

236.435. Permits required, when, procedure to obtain — chief engineer to make recommendation — exemptions — plans to be filed. — 1. Prior to the commencement of the construction, alteration, enlargement, reduction or removal of a dam or reservoir, the owner shall apply to the cou…

236.440. Owner to notify council, when — council to issue safety permit — registration of existing dams, when — violations. — 1. The owner shall notify the council upon completion of construction, alteration, enlargement, or reduction of the dam or reservoir. This notification sh…

236.445. Permit may be suspended — alteration or removal may be required — violation. — 1. If it is found that a dam or reservoir presents a threat to public safety, life or property, or that the safety of the dam or reservoir is threatened, the permit for the dam or reservoir sh…

236.450. Removal or repair of abandoned dam — recovery of expenses. — An existing dam or reservoir which the chief engineer determines to be abandoned and considered to be a threat to public safety, life, or property may be altered, repaired, or removed upon such determination at…

236.455. Emergency action authorized. — If it is determined at any time that the condition of a dam or reservoir is an imminent and substantial threat, and so dangerous to public safety, life or property as not to permit time for issuance of an enforcement order to correct the ha…

236.460. Transfer of ownership, notice required. — The owner shall notify the chief engineer upon the sale or other transfer of interest in a dam or reservoir, either existing or under construction, alteration or removal. The construction, safety or registration permit shall be t…

236.465. Industrial water retention structures subject to provisions of sections 236.400 to 236.500 — inspection — changes. — Irrespective of any other provisions of sections 236.400 to 236.500, the following provisions shall apply to the construction, alteration or enlargement o…

236.470. Conduct of hearings — subpoenas — approval of final orders. — 1. At any public hearing all testimony taken before the council, or a hearing officer appointed by the council chairman, shall be under oath and recorded stenographically. The transcript so recorded shall be m…

236.475. Immunity of officers. — In the absence of willful and wanton misconduct, no action shall be brought against the council, the chief engineer or his agents, or department employees or private individuals employed as consultants by the department for the recovery of damages…

236.480. Judicial review of actions — administrative review required — interpretation of administrative actions. — 1. All final decisions, orders, actions or determinations made pursuant to the provisions of sections 236.400 to 236.500 are subject to judicial review pursuant to t…

236.485. Water rights preserved. — The provisions of sections 236.400 to 236.500 do not grant or diminish any right to that water entering, discharged from or impounded by a dam or contained in a reservoir. ­­-------- (L. 1979 H.B. 603 § 18)

236.490. Enforcement of act. — All duly constituted officers of the law of this state or any political subdivision thereof shall aid in the enforcement of the provisions of sections 236.400 to 236.500. ­­-------- (L. 1979 H.B. 603 § 19)

236.495. Legal actions for enforcement available, procedure. — 1. In carrying out the provisions of sections 236.400 to 236.500 and to the extent not inconsistent with chapter 491, the chief engineer or council may subpoena witnesses and compel their attendance, and may also requ…

236.500. Penalties. — 1. Any person who willfully violates any of the provisions of sections 236.400 to 236.500 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than ten thousand dollars, or by confinement…

237.010. Ferry not to be kept without license. — No person shall keep a ferry, so as to demand and receive pay thereat, without a license. ­­-------- (RSMo 1939 § 15286) Prior revisions: 1929 § 14198; 1919 § 5532; 1909 § 6475

237.020. Application for license. — Any person may petition the county commission of the county for license to keep a ferry; and if the commission believe such ferry necessary for the accommodation of the public, and that the petitioner is a suitable person to keep the same, it s…

237.030. Tax on license. — Such tax shall not be less than two dollars nor more than five thousand dollars, paid to the use of the state. ­­-------- (RSMo 1939 § 15288) Prior revisions: 1929 § 14200; 1919 § 5534; 1909 § 6477

237.040. License issued, when. — Upon the production of the receipt of the collector of the county for the tax to such clerk, he shall issue a license to keep a ferry, at the place therein mentioned, for any term not exceeding five years, the said term to be fixed by the county c…

237.050. Bond required. — Before the delivery of the license such person shall give bond to the state, with sufficient security, approved by such clerk, in such sum as the commission shall order, conditioned for the faithful performance of the duties required by law at such ferry…

237.060. Licenses granted by clerks in vacation. — The clerk of the county commission, in vacation, may grant ferry licenses, assess the tax and fix the rates for the same, and exercise all the power of the commission touching the same. ­­-------- (RSMo 1939 § 15292) Prior revisi…

237.070. Continuation of licenses. — Such licenses shall continue until the end of the next term of the county commission; and the tax shall be assessed in proportion to the time for which the license is granted, and in all other respects the clerk and collector shall proceed as …

237.080. License granted without tax, when. — If any county commission believe that any ferry in the county is so little used as not to justify the payment of license, they may, in their discretion, give to the keeper of such ferry a license without the payment of any tax; and su…

237.090. License may be revoked. — If any ferryman fail to perform his duties, the county commission may, at any time, revoke his license. ­­-------- (RSMo 1939 § 15304) Prior revisions: 1929 § 14216; 1919 § 5550; 1909 § 6493

237.100. Keeping ferry without license, penalty. — If any person demand or receive pay for services as ferryman, without a license, he shall forfeit to the county twenty dollars for every day he shall keep such ferry, or be imprisoned not less than ten nor more than thirty days, …

237.110. Liable to action for damages. — Such persons shall be liable to a civil action for all damages that may accrue to the person licensed to keep such ferry. ­­-------- (RSMo 1939 § 15300) Prior revisions: 1929 § 14212; 1919 § 5546; 1909 § 6489

237.120. Ferriage — rates fixed by county commission. — The county commission shall fix the rate of ferriage at each ferry, and may at any time alter the same, having regard to the breadth and situation of the stream and publicity of the ferry. No change in the rates of ferriage …

237.130. Ferriage, when tendered. — No ferryman shall be compelled to do any act, as such, before payment or tender of his fee be made, according to the rates of ferriage. ­­-------- (RSMo 1939 § 15296) Prior revisions: 1929 § 14208; 1919 § 5542; 1909 § 6485

237.140. Rates posted. — Every ferryman shall keep a list of the legal rates of ferriage, printed, or written in a legible hand, constantly posted up at some public place at the ferry or ferryhouse. ­­-------- (RSMo 1939 § 15297) Prior revisions: 1929 § 14209; 1919 § 5543; 1909 §…

237.150. Failure to post rates, penalty. — If any ferryman fail to comply with the provisions of section 237.140, he shall, for every such offense, forfeit four dollars to the county. ­­-------- (RSMo 1939 § 15298) Prior revisions: 1929 § 14210; 1919 § 5544; 1909 § 6487

237.160. Good boats and sufficient hands to be kept. — Every ferryman shall keep at his ferry a good boat or boats, in good repair, suitable to the water, and sufficient hands to attend on all occasions. ­­-------- (RSMo 1939 § 15294) Prior revisions: 1929 § 14206; 1919 § 5540; 1…

237.170. Penalty for neglect. — Every ferryman failing to give such due attention shall, for every offense, forfeit five dollars, and for failure to keep such boat in good repair, shall forfeit thirty dollars to the county where the ferry is situated; and he shall be liable for a…

237.180. Number of licenses not limited. — The county commission of the proper county may grant, or not, at their discretion, ferry license for a ferry or ferries on the same side of the river, and in the same county, within any distance of any ferry that shall then be already li…

237.190. Exclusive privilege granted, when. — County commissions may grant to the owner or owners of lands, on both sides of a river, in any county in this state, the exclusive privilege of keeping a ferry thereat. ­­-------- (RSMo 1939 § 15307) Prior revisions: 1929 § 14219; 191…

237.210. Cities may lease wharf. — Any city, town or other municipal corporation may, for a just compensation, in its discretion, lease to any owner or association of owners of any steamboat, or boats, or vessels, any portion of the wharf or landing of such city or town, for a te…

[Repealed or reserved.]

237.230. Penalties, how recovered. — All penalties imposed by this chapter may be recovered before any court having jurisdiction, in the name of the county. ­­-------- (RSMo 1939 § 15301) Prior revisions: 1929 § 14213; 1919 § 5547; 1909 § 6490