A. Notwithstanding subsection B, nothing in this article, and no order, notice, approval, or advice of the Director or Board shall relieve any owner or operator of an impounding structure from any legal duties, obligations, and liabilities resulting from such ownership or operation. The owner or operator shall be responsible for liability for damage to the property of others or injury to persons, including the loss of life resulting from the operation or failure of an impounding structure. Compliance with this article does not guarantee the safety of an impounding structure or relieve the owner or operator of liability in case of an impounding structure failure.
B. The owner of the land upon which an impounding structure owned, maintained, or operated by a soil and water conservation district is situated shall not be responsible for liability for damages to the property of others or injury to persons, including the loss of life, resulting from the operation or failure of the impounding structure. The provisions of this subsection shall not apply if the damages to the property of others or injury to persons is the result of an act or omission of the landowner unrelated to ownership, maintenance, or operation of the impounding structure.
C. Prior to dissolution or termination of an entity that owns an impounding structure, the entity shall either convey ownership to a third party by deed or other legal conveyance or decommission the impounding structure pursuant to the requirements of the Virginia Impounding Structure Regulations. Prior to conveying ownership, the owner shall notify the Director of such transfer of ownership in accordance with requirements set out in the Virginia Impounding Structure Regulations. Such notice to the Director shall include a warrant by the transferring owner that the transferee is a responsible party capable of discharging all obligations of an impounding structure owner imposed by law and regulations.
D. The Commonwealth, the Board, or the Department shall not be deemed to become an owner of an impounding structure by providing funding or other assistance for maintenance, repair, or decommissioning of an impounding structure owned by another person or entity.
2006, c. 30; 2014, cc. 146, 304, 593.
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