West Virginia Code
Article 14. Dam Control Act
§22-14-2. Legislative Findings; Intent and Purpose of Article

The Legislature finds that dams may constitute a potential hazard to people and property; therefore, dams in this state must be properly regulated and controlled to protect the health, safety and welfare of people and property in this state. It is the intent of the Legislature by this article to provide for the regulation and supervision of dams in this state to the extent necessary to protect the public health, safety and welfare. The Legislature has ordained this article to fulfill its responsibilities to the people of this state and to protect their lives and private and public property from the danger of a potential or actual dam failure. The Legislature finds and declares that in light of the limited state resources available for the purposes of this article, and in view of the high standards to which the United States natural resources conservation service designs dams, independent state review of the plans and specifications for dams designed by the natural resources conservation service and construction oversight should not be required. The Legislature further finds and declares that dams designed and constructed by the natural resources conservation service but not owned or operated by it should be subject to the same provisions of inspection, after construction and certification by the natural resources conservation service, as other dams covered by this article, so long as any dam under the natural resources conservation service program is designed with standards equal to or exceeding state requirements under this article.

Structure West Virginia Code

West Virginia Code

Chapter 22. Environmental Resources

Article 14. Dam Control Act

§22-14-1. Short Title

§22-14-2. Legislative Findings; Intent and Purpose of Article

§22-14-3. Definition of Terms Used in Article

§22-14-4. General Powers and Duties of Director; Maximum Fee Established for Certificates of Approval and Annual Registration

§22-14-5. Unlawful to Place, Construct, Enlarge, Alter, Repair, Remove or Abandon Dam Without Certificate of Approval; Application Required to Obtain Certificate

§22-14-6. Plans and Specifications for Dams to Be in Charge of Registered Professional Engineer

§22-14-7. Granting or Rejecting Applications for Certificate of Approval by Division; Publication of Notice of Application; Hearing Upon Application

§22-14-8. Content of Certificates of Approval for Dams; Revocation or Suspension of Certificates

§22-14-9. Inspections During Progress of Work on Dam

§22-14-10. Procedures for Handling Emergencies Involving Dams; Remedial Actions to Alleviate Emergency; Payment of Costs of Remedial Actions to Be Paid by Dam Owner

§22-14-11. Requirements for Dams Completed Prior to Effective Date of This Section

§22-14-12. Dam Owner Not Relieved of Legal Responsibilities by Any Provision of Article

§22-14-13. Offenses and Penalties

§22-14-14. Enforcement Orders; Hearings

§22-14-15. Civil Penalties and Injunctive Relief

§22-14-16. Schedule of Application Fees Established

§22-14-17. Schedule of Annual Registration Fees Established

§22-14-18. Continuation of Dam Safety Fund; Components of Fund

§22-14-19. Dam Safety Rehabilitation Revolving Fund Established; Disbursement of Fund Moneys

§22-14-20. Dam Safety Rehabilitation Revolving Fund Program

§22-14-21. Collection of Money Due to the Fund

§22-14-22. Authority of Department of Environmental Protection for Deficient Dams That Are Privately Owned by a Noncompliant Dam Owner