(i) Construct, reconstruct, or repair any reservoir, dam, or waterway obstruction;

(ii) Make, construct, or permit to be made or constructed any change or addition to any reservoir, dam, or waterway obstruction;

(iii) Make or permit to be made any change in, addition to, or repair of any existing waterway obstruction; or

(iv) Change, in any manner, in whole or part the course, current, or cross section of any stream or body of water within the State, except tidal waters.

(2)(i) If by March 1, 1982 a flood management plan for Jones Falls is not prepared and approved and implementation begun under § 5-803 of this title, the Department shall adopt regulations limiting construction, reconstruction, or changes in the course, current, or cross section of the channel and floodplain of the Jones Falls in the Patapsco River watershed until such time as a flood management plan for Jones Falls is prepared, approved, and implemented under Subtitle 8 of this title.

(ii) Regulations adopted pursuant to this paragraph may not apply:

(i) The plans and specifications are approved by the appropriate soil conservation district or the Department's designee;

(ii) The pond is not located within drainage of the Gwynns Falls, Jones Falls, or Herring Run streams situated in or adjacent to Baltimore City;

(iii) The pond meets minimum standards for safety set forth in Department rules and regulations;

(iv) The contributory drainage area is less than 1 square mile (640 acres);

(v) The dam is not greater than 20 feet in height measured vertically from the lowest point on the top of the dam to the lowest point on the upstream toe of the dam;

(vi) The pond is a low hazard structure the failure of which is unlikely to cause loss of life or property damage; and

(vii) The pond is not a wastewater stabilization pond.