SECTION 785:25-5-8. Approval or denial of application

(a)   After evaluating the application, if it is determined that the proposed construction, enlargement, alteration, or repair of any dam is safe and not a menace to life and property and is in conformity with all statutory requirements and the rules in this Chapter, said application shall be approved by the Board upon such conditions as the Board may prescribe.

(b)   If it is determined that the proposed construction, enlargement, alteration, or repair of any dam is unsafe and a menace to life and property, [82:105.2] said application shall be denied by the Board.

(c)   The applicant shall be notified in writing of the Board's decision.

(d)   If the application is approved, no impoundment of water by the dam may be made until all additional requirements of these rules and regulations are met unless the approved construction is for an existing dam and the construction may be carried out without emptying the water in the reservoir.

(e)   The applicant shall commence construction within two (2) years after the date of approval of the plans and specifications or the approval will be deemed to have lapsed and shall thereafter be null and void, provided that the applicant may request an extension of time to commence such construction and if the extension is granted, the approval will not be deemed to lapse during the time extended.