As used in this article, unless the context requires a different meaning:
"Alteration" means changes to an impounding structure that could alter or affect its structural integrity. Alterations include, but are not limited to, changing the height or otherwise enlarging the dam, increasing normal pool or principal spillway elevation or physical dimensions, changing the elevation or physical dimensions of the emergency spillway, conducting necessary repairs or structural maintenance, or removing the impounding structure.
"Board" means the Soil and Water Conservation Board.
"Construction" means the construction of a new impounding structure.
"Dam break inundation zone" means the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam.
"Height" means the structural height of a dam which is defined as the vertical distance from the natural bed of the stream or watercourse measured at the downstream toe of the dam to the top of the dam.
"Impounding structure" means a man-made structure, whether a dam across a watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other materials. The term includes: (i) all dams that are twenty-five feet or greater in height and that create an impoundment capacity of fifteen acre-feet or greater, and (ii) all dams that are six feet or greater in height and that create an impoundment capacity of fifty acre-feet or greater. The term "impounding structure" shall not include: (a) dams licensed by the State Corporation Commission that are subject to a safety inspection program; (b) dams owned or licensed by the United States government; (c) dams operated primarily for agricultural purposes which are less than twenty-five feet in height or which create a maximum impoundment capacity smaller than 100 acre-feet; (d) water or silt retaining dams approved pursuant to § 45.2-618 or 45.2-1301; or (e) obstructions in a canal used to raise or lower water.
"Owner" means the owner of the land on which a dam is situated, the holder of an easement permitting the construction of a dam and any person or entity agreeing to maintain a dam.
"Watercourse" means a natural channel having a well-defined bed and banks and in which water normally flows.
1982, c. 583, § 62.1-115.1; 1986, c. 9; 1988, c. 891; 2001, c. 92; 2006, c. 30; 2021, Sp. Sess. I, c. 387.
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