Code of Virginia
Chapter 6 - Flood Protection and Dam Safety
§ 10.1-659. Flood protection programs; coordination

A. The provisions of this chapter shall be coordinated with the Virginia Coastal Resilience Master Plan, the Virginia Flood Protection Master Plan, and federal, state, and local flood prevention and water quality programs to minimize loss of life, property damage, and negative impacts on the environment. This program coordination shall include but not be limited to the following: flood prevention, flood plain management, small watershed protection, dam safety, shoreline erosion and public beach preservation, and soil conservation programs of the Department of Conservation and Recreation; the construction activities of the Department of Transportation, including projects that result in hydrologic modification of rivers, streams, and flood plains; the nontidal wetlands, water quality, Chesapeake Bay Preservation Area criteria, stormwater management, erosion and sediment control, and other water management programs of the State Water Control Board; the Virginia Coastal Zone Management Program at the Department of Environmental Quality; forested watershed management programs of the Department of Forestry; the agricultural stewardship, farmland preservation, and disaster assistance programs of the Department of Agriculture and Consumer Services; the statewide building code and other land use control programs of the Department of Housing and Community Development; the habitat management programs of the Virginia Marine Resources Commission; the hazard mitigation planning and disaster response programs of the Department of Emergency Management; the fish and wildlife habitat protection programs of the Department of Wildlife Resources; the mineral extraction regulatory program of the Department of Energy; the flood plain restrictions of the Virginia Waste Management Board; flooding-related research programs of the state universities; local government assistance programs of the Virginia Soil and Water Conservation Board; the Virginia Antiquities Act program of the Department of Historic Resources; the public health and preparedness programs of the Virginia Department of Health; the State Council of Higher Education for Virginia; the State Corporation Commission; and any other state agency programs deemed necessary by the Director, the Chief Resilience Officer of the Commonwealth, and the Special Assistant to the Governor for Coastal Adaptation and Protection. The Department shall also coordinate with soil and water conservation districts, Virginia Cooperative Extension agents, and planning district commissions, and shall coordinate and cooperate with localities in rendering assistance to such localities in their efforts to comply with the planning, subdivision of land, and zoning provisions of Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2.
B. The Director, in coordination with the Special Assistant to the Governor for Coastal Adaptation and Protection and the Chief Resilience Officer, shall hold meetings of representatives of the programs, entities, and localities described in subsection A at least annually in order to determine, coordinate, and prioritize the Commonwealth's efforts and expenditures to increase flooding resilience and flood preparedness and to implement the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan. The Department shall review any revisions to the Virginia Flood Protection Master Plan and provide an update on the progress of the implementation of the Virginia Coastal Resilience Master Plan at any such meetings. The Department shall cooperate with other public and private agencies having flood plain management programs and shall coordinate its responsibilities under this article and any other law. These activities shall constitute the Commonwealth's flood resilience, preparedness, prevention, and protection program.
C. 1. The Chief Resilience Officer, in coordination with the Special Assistant to the Governor for Coastal Adaptation and Protection and the Director, shall establish the Virginia Coastal Resilience Technical Advisory Committee (the Committee) to assist with developing, updating, and implementing the Virginia Coastal Resilience Master Plan.
2. The Committee shall be comprised of representatives of state agencies, coastal planning district commissions, regional commissions, academic advisors, and any other representatives as needed. Members shall serve at the pleasure of the Governor and shall include the following individuals or their designees: the executive directors of coastal planning district commissions and regional commissions; the Special Assistant to the Governor for Coastal Adaptation and Protection; the Director; the Director of the Virginia Department of Emergency Management; the Director of the Virginia Department of Housing and Community Development; the Executive Director of the Virginia Resources Authority; the Director of the Department of Environmental Quality; the Commissioner of the Virginia Department of Transportation; the Director of the Virginia Transportation Research Council; the Commissioner of the Virginia Marine Resources Commission; the Director of the Institute for Coastal Adaptation and Resilience; the Associate Dean for Research and Advisory Services at the Virginia Institute of Marine Science; the Director of the William and Mary School of Law Coastal Policy Center; the Director of the Virginia Tech Center for Coastal Studies; the Director of the Environmental Resilience Institute at the University of Virginia; the Director of Virginia Sea Grant; the Director of Diversity, Equity, and Inclusion; and the Chief Data Officer of the Commonwealth. The Chief Resilience Officer shall serve as chairman of the Committee.
3. The Chief Resilience Officer shall invite participation by the Commander of the U.S. Army Corps of Engineers, Norfolk District; the Commander of the Navy Region Mid-Atlantic; and representatives of the seven federally recognized Tribal Nations indigenous to the Commonwealth of Virginia.
4. Appointed members shall serve in an advisory role without compensation.
5. The Committee shall meet at least quarterly.
6. The Department, the Special Assistant to the Governor for Coastal Adaptation and Protection, and the Coastal Zone Management Program shall provide staff support to the Committee.
7. The Committee shall ensure that (i) risk evaluations and project prioritization protocols are regularly updated and are informed by the best applicable scientific and technical data; (ii) statewide and regional needs are addressed using the best applicable science and long-term resilience approaches; and (iii) the Virginia Coastal Resilience Master Planning Framework is adhered to in the development and updating of the Virginia Coastal Resilience Master Plan. The Committee shall also review updates to the Virginia Coastal Resilience Master Plan and receive updates about the progress of the Virginia Flood Protection Master Plan at each meeting. Additionally, the Committee may be called upon to assist the Department with the development and updating of the Virginia Flood Protection Master Plan.
1989, cc. 468, 497; 2012, cc. 785, 819; 2013, cc. 756, 793; 2020, cc. 493, 958; 2021, Sp. Sess. I, c. 532; 2022, cc. 494, 495.

Structure Code of Virginia

Code of Virginia

Title 10.1 - Conservation

Chapter 6 - Flood Protection and Dam Safety

§ 10.1-600. Definitions

§ 10.1-601. Repealed

§ 10.1-602. Powers and duties of Department

§ 10.1-603. State agency compliance

§ 10.1-603.1. Repealed

§ 10.1-603.9. Repealed

§ 10.1-603.10. Repealed

§ 10.1-603.15:1. Repealed

§ 10.1-603.16. Definitions

§ 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

§ 10.1-603.21. Repealed

§ 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

§ 10.1-603.24. Definitions

§ 10.1-603.25. Virginia Community Flood Preparedness Fund; loan and grant program

§ 10.1-603.26. Deposit of moneys; expenditures; investments

§ 10.1-603.27. Annual audit

§ 10.1-603.28. Definitions

§ 10.1-603.29. Resilient Virginia Revolving Fund

§ 10.1-603.30. Deposit of moneys; expenditures; investments

§ 10.1-603.31. Annual audit

§ 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

§ 10.1-603.38. Sale of loans

§ 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

§ 10.1-604. Definitions

§ 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

§ 10.1-606.1. Repealed

§ 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. Right of entry

§ 10.1-610.1. Monitoring progress of work

§ 10.1-611. Dam safety coordination

§ 10.1-611.1. Soil and Water Conservation District Dam Maintenance, Repair, and Rehabilitation Fund established; Department to manage; Board to expend moneys; regulations

§ 10.1-612. Technical Advisory Committee

§ 10.1-612.1. Temporary stop work order; hearing; injunctive relief

§ 10.1-613. Enforcement

§ 10.1-613.1. Criminal penalties

§ 10.1-613.2. Civil 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

§ 10.1-616. Notice and hearing on petition; determination of need for district and defining boundaries

§ 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

§ 10.1-621. Establishment of watershed improvement district situated in more than one soil and water conservation district

§ 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

§ 10.1-625. Status and general powers of district; power to levy tax or service charge; approval of landowners required

§ 10.1-626. Levy of tax or service charge; when district in two or more counties or cities; landbooks certified to treasurers

§ 10.1-627. Collection of tax or service charge; proceeds kept in special account; expenditures from such account

§ 10.1-628. Fiscal powers of governing body; may poll landowners on question of incurring indebtedness or issuing bonds

§ 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

§ 10.1-632. Powers granted additional to powers of soil and water conservation district; soil and water conservation district to continue to exercise its powers

§ 10.1-633. Power to incur debts and accept gifts, etc.; watershed improvement district to have same powers as soil and water conservation district

§ 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

§ 10.1-636. Definitions

§ 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

§ 10.1-645. Limits on expenditures authorized under § 10.1-638 B; sale of resulting facilities; sale of stored water; renting facilities

§ 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

§ 10.1-650. Definitions

§ 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

§ 10.1-658. State interest in resilience and flood control

§ 10.1-659. Flood protection programs; coordination