The Department shall:
1. Develop a Virginia Flood Protection Master Plan (the Plan) for the Commonwealth. This Plan shall be a place-specific plan for mitigating severe and repetitive flooding and shall, at a minimum, (i) base decision making on the best-available science; (ii) identify and address socioeconomic inequities and strive to enhance equity through the adaptation and protection measures by considering all areas of recurrent flooding; (iii) recognize the importance of protecting and enhancing natural infrastructure and nature-based approaches to flood mitigation, when possible; (iv) utilize community and regional scale planning to the maximum extent possible, seeking region-specific approaches tailored to the needs of individual communities; and (v) include an understanding of fiscal realities and focus on cost-effective solutions for the protection and adaptation of communities, businesses, and critical infrastructure. The Plan shall include, at a minimum:
a. An inventory of flood-prone areas;
b. An inventory of flood protection studies;
c. A record of flood damages;
d. Strategies to prevent or mitigate flood damage; and
e. The collection and distribution of information relating to flooding and flood plain management.
The Plan shall be reviewed and updated by the Department on a regular basis, but at least once every five years, and for each of the items listed in provisions a through e, the plan shall state when that provision was last updated and when the next update is planned. The plan shall be maintained in an online format so as to be easily accessed by other government entities and by the public. The online plan shall contain links to the most current information available from other federal, state, and local sources. All agencies of the Commonwealth shall provide assistance to the Department upon request.
2. Serve as the coordinator of all flood protection programs and activities in the Commonwealth, including the coordination of federal flood protection programs administered by the United States Army Corps of Engineers, the United States Department of Agriculture, the Federal Emergency Management Agency, the United States Geological Survey, the Tennessee Valley Authority, other federal agencies and local governments.
3. Make available flood and flood damage reduction data to localities for planning purposes, in order to assure necessary local participation in the planning process and in the selection of desirable alternatives which will fulfill the intent of this article. This shall include the development of a data base to include (i) all flood protection projects implemented by federal agencies and (ii) the estimated value of property damaged by major floods.
4. Assist localities in their management of flood plain activities in cooperation with the Department of Housing and Community Development.
5. Carry out the provisions of this article in a manner which will ensure that the management of flood plains will preserve the capacity of the flood plain to carry and discharge a hundred year flood.
6. Make, in cooperation with localities, periodic inspections to determine the effectiveness of local flood plain management programs, including an evaluation of the enforcement of and compliance with local flood plain management ordinances, rules and regulations.
7. Coordinate with the United States Federal Emergency Management Agency to ensure current knowledge of the identification of flood-prone communities and of the status of applications made by localities to participate in the National Flood Insurance Program.
8. Establish guidelines which will meet minimum requirements of the National Flood Insurance Program in furtherance of the policy of the Commonwealth to assure that all citizens living in flood-prone areas may have the opportunity to indemnify themselves from flood losses through the purchase of flood insurance under the regular flood insurance program of the National Flood Insurance Act of 1968 as amended.
9. Subject to the provisions of the Appropriations Act, provide financial and technical assistance to localities in an amount not to exceed fifty percent of the nonfederal costs of flood protection projects.
10. Serve as the lead administrator for the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan.
11. Implement the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan.
12. Ensure that the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan are integrated.
1977, c. 310, § 62.1-44.112; 1981, c. 315; 1987, c. 163; 1988, c. 891; 1989, cc. 468, 497; 2015, cc. 172, 251; 2022, cc. 494, 495.
Structure Code of Virginia
Chapter 6 - Flood Protection and Dam Safety
§ 10.1-602. Powers and duties of Department
§ 10.1-603. State agency compliance
§ 10.1-603.16:1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 10.1-603.17. Dam Safety, Flood Prevention and Protection Assistance Fund established
§ 10.1-603.18. Administration of the Fund
§ 10.1-603.18:1. Deposit of money; expenditures; investments
§ 10.1-603.18:2. Collection of money due Fund
§ 10.1-603.19. Purposes for which Fund is to be used; Authority to set terms and conditions of loans
§ 10.1-603.19:1. Payments from a developer or subdivider
§ 10.1-603.20. Condition for making loans or grants
§ 10.1-603.22:1. Pledge of loans to secure bonds of Authority
§ 10.1-603.22:2. Sale of loans
§ 10.1-603.22:3. Powers of the Authority
§ 10.1-603.22:4. Liberal construction of article
§ 10.1-603.23. Record of application for grants or loans and action taken
§ 10.1-603.25. Virginia Community Flood Preparedness Fund; loan and grant program
§ 10.1-603.26. Deposit of moneys; expenditures; investments
§ 10.1-603.29. Resilient Virginia Revolving Fund
§ 10.1-603.30. Deposit of moneys; expenditures; investments
§ 10.1-603.32. Collection of money due to Fund
§ 10.1-603.33. Loans to local governments
§ 10.1-603.34. Grants to local governments
§ 10.1-603.35. Loans and grants for regional projects, etc.
§ 10.1-603.36. Loans and grants to a local government for a funding program
§ 10.1-603.37. Pledge of loans to secure bonds of Authority
§ 10.1-603.39. Powers of the Authority
§ 10.1-603.40. Liberal construction of article
§ 10.1-604.1. Determination of hazard potential classification
§ 10.1-605. Promulgation of regulations by the Board; guidance document
§ 10.1-605.1. Delegation of powers and duties
§ 10.1-605.2. Certain regulations affecting impounding structures
§ 10.1-605.3. General permit for certain impounding structures
§ 10.1-606. Local advisory committee
§ 10.1-606.2. Mapping of dam break inundation zones
§ 10.1-606.3. Requirement for development in dam break inundation zones
§ 10.1-606.4. Notice to the public
§ 10.1-607. Safety inspections
§ 10.1-607.1. Criteria for designating a dam as unsafe
§ 10.1-608. Unsafe dams presenting imminent danger
§ 10.1-609. Unsafe dams presenting nonimminent danger
§ 10.1-609.1. Installation of IFLOWS gauges
§ 10.1-609.2. Prohibited vegetation; certain wetland vegetation allowed
§ 10.1-610.1. Monitoring progress of work
§ 10.1-611. Dam safety coordination
§ 10.1-612. Technical Advisory Committee
§ 10.1-612.1. Temporary stop work order; hearing; injunctive relief
§ 10.1-613.1. Criminal penalties
§ 10.1-613.3. No liability of Board, Department, employees, or agents
§ 10.1-613.4. Liability of owner or operator
§ 10.1-613.5. Program administration fees; establishment of Dam Safety Administrative Fund
§ 10.1-613.6. Negotiated settlement agreements
§ 10.1-614. Establishment within soil and water conservation district authorized
§ 10.1-615. Petition for establishment; what to set forth
§ 10.1-617. Determination of whether operation of proposed district is feasible; referendum
§ 10.1-618. Ballots used in such referendum
§ 10.1-619. Consideration of results of referendum; simple majority vote required
§ 10.1-620. Declaration of organization of district; certification to Board
§ 10.1-622. Inclusion of additional territory
§ 10.1-623. Governing body of district; trustees
§ 10.1-624. Officers, agents and employees; surety bonds; annual audit
§ 10.1-629. Order authorizing governing body to incur indebtedness or issue bonds
§ 10.1-630. Type of indebtedness incurred or bonds issued
§ 10.1-631. Annual tax for payment of interest or to amortize indebtedness or bonds
§ 10.1-634. Question to be submitted to qualified voters; approval required
§ 10.1-634.1. Conduct of referenda
§ 10.1-635. Power of eminent domain
§ 10.1-637. Fund continued; administrative control
§ 10.1-638. Purposes for which fund to be used
§ 10.1-639. Conditions for making loan
§ 10.1-640. Political subdivisions may borrow from other sources
§ 10.1-641. Powers of Board in aid of the provisions of § 10.1-638
§ 10.1-642. Record of applications for loans and action taken
§ 10.1-643. Period of loan; interest rate; loan shall constitute a lien
§ 10.1-644. Recovery of money due to fund
§ 10.1-646. Purchase price and terms of sales authorized by § 10.1-645
§ 10.1-647. Disposition of facilities financed under article when part of debt remains outstanding
§ 10.1-648. Acquisition of lands, easements, and rights-of-way
§ 10.1-649. Sale to Board of property and rights-of-way acquired by condemnation
§ 10.1-651. Establishment and administration of Program
§ 10.1-652. Program applicability
§ 10.1-653. Application for assistance
§ 10.1-654. Damage inspections and reports
§ 10.1-655. Types of assistance
§ 10.1-656. Board action on assistance requests
§ 10.1-657. Account established