(1) A high-hazard dam owner may request the department to reconsider a hazard determination. A request for reconsideration must include the data and analyses necessary to show that the dam is not a high-hazard dam. The owner shall pay for reasonable inspection costs incurred by the department as a result of the reconsideration.

(2) A classification of high-hazard dam is automatically rescinded if the dam is constructed to impound less than 50 acre-feet measured to the crest of the dam or if the dam is breached. A construction permit is necessary to perform the construction to reduce the impoundment capacity of the high-hazard dam or breach the high-hazard dam.