Code of Virginia - Title 10.1 Conservation - Chapter 6 Flood Protection And Dam Safety

10.1-600 Definitions
As used in this article, unless the context requires a different meaning: "Emergency flood insurance program" or "emergency program" means the Emergency Program of the ...
10.1-601 Description unavailable
Repealed by Acts 1989, cc. 468, 497. ...
10.1-602 Powers and duties of Department
The Department shall: 1. Develop a flood protection plan for the Commonwealth. This plan shall include: a. An inventory of flood-prone areas; b. An inventory ...
10.1-603 State agency compliance
All agencies and departments of the Commonwealth shall comply with the flood plain regulations established pursuant to this article when planning for facilities in flood ...
10.1-603.1 Description unavailable
Not set out. (1989, cc. 467, 499.) ...
10.1-603.2 Definitions
As used in this article, unless the context requires a different meaning: "Board" means the Virginia Soil and Water Conservation Board. "CWA" means the federal ...
10.1-603.2:1 Powers and duties of the Virginia Soil and Water Conservation Board
In addition to other powers and duties conferred upon the Board, it shall permit, regulate, and control stormwater runoff in the Commonwealth. In accordance with ...
10.1-603.2:2 Permits
A. It shall be unlawful to cause a stormwater discharge from an MS4 or a land disturbing activity except in compliance with a permit issued ...
10.1-603.3 Establishment of stormwater management programs by localities
A. Any locality located within Tidewater Virginia as defined by the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.), or any locality that is partially ...
10.1-603.4 Development of regulations
The Board is authorized to adopt regulations that specify minimum technical criteria and administrative procedures for stormwater management programs in Virginia. The regulations shall: 1. ...
10.1-603.4:1 Virginia Stormwater Management Fund established
There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Stormwater Management Fund, hereafter referred to as ...
10.1-603.5 State agency projects
A. A state agency may not undertake any land clearing, soil movement, or construction activity involving soil movement or land disturbance unless the agency has ...
10.1-603.6 Duties of the Department
A. The Department shall provide technical assistance, training, research, and coordination in stormwater management technology to the local governments consistent with the purposes of this ...
10.1-603.7 Authorization for more stringent ordinances
A. Localities are authorized to adopt more stringent stormwater management ordinances than those necessary to ensure compliance with the Board's minimum regulations, provided that the ...
10.1-603.8 Regulated activities; submission and approval of a permit application; security for performance; ex...
A. A person shall not develop any land for residential, commercial, industrial, or institutional use until he has submitted a permit application to the permit ...
10.1-603.9 Permit application required for issuance of grading, building, or other permits
Upon the adoption of a local ordinance no grading, building or other permit shall be issued for a property unless a stormwater permit application has ...
10.1-603.10 (For contingent repeal, see Editor's note) Recovery of administrative costs
Any locality which administers a stormwater management program may charge applicants a reasonable fee to defray the cost of program administration, including costs associated with ...
10.1-603.11 Monitoring, reports, investigations, and inspections
A. The permit issuing authority (i) shall provide for periodic inspections of the installation of stormwater management measures (ii) may require monitoring and reports from ...
10.1-603.12 Department to review local and state agency programs
A. The Department shall develop and implement a review and evaluation schedule so that the effectiveness of each local government's and state agency's stormwater management ...
10.1-603.12:1 Right of entry
The Department, the permit issuing authority, or any duly authorized agent of the Department or permit issuing authority may, at reasonable times and under reasonable ...
10.1-603.12:2 Information to be furnished
The Board, the Department, or the permit issuing authority may require every permit applicant or permittee to furnish when requested such application materials, plans, specifications, ...
10.1-603.12:3 Private rights not affected
The fact that any permittee holds or has held a permit issued under this article shall not constitute a defense in any civil action involving ...
10.1-603.12:4 Enforcement by injunction, etc
It shall be unlawful for any person to fail to comply with any special order or emergency special order that has become final under the ...
10.1-603.12:5 Testing validity of regulations; judicial review
A. The validity of any regulation adopted by the Board pursuant to this article may be determined through judicial review in accordance with the provisions ...
10.1-603.12:6 Right to hearing
Any permit applicant or permittee under this article aggrieved by any action of the permit issuing authority or Board taken without a formal hearing, or ...
10.1-603.12:7 Hearings
A. The hearings held under this article pertaining to the responsibilities or actions of the Board may be conducted by the Board itself at a ...
10.1-603.13 Appeals
Any permittee or party aggrieved by a permit or enforcement decision of the permit issuing authority or Board, or any person who has participated, in ...
10.1-603.13:1 Appeal to Court of Appeals
From the final decision of the circuit court an appeal may be taken to the Court of Appeals as provided in § 17.1-405. (2004, c. ...
10.1-603.14 Penalties, injunctions, and other legal actions
A. Any person who violates any provision of this article, or of any regulations or ordinances adopted hereunder, including those adopted pursuant to the conditions ...
10.1-603.14:1 Enforcement authority of MS4 localities
A. Any locality may adopt a stormwater ordinance pursuant to the conditions of a MS4 permit and may utilize the civil penalty provisions in subsection ...
10.1-603.15 Cooperation with federal and state agencies
Localities operating their own programs and the Department are authorized to cooperate and enter into agreements with any federal or state agency in connection with ...
10.1-603.16 Definitions
As used in this article unless the context requires a different meaning: "Authority" means the Virginia Resources Authority created in Chapter 21 (§ 62.1-197 et ...
10.1-603.17 (Effective until July 1, 2009) Dam Safety, Flood Prevention and Protection Assistance Fund establis...
The Dam Safety, Flood Prevention and Protection Assistance Fund is hereby established and set apart as a permanent and nonreverting fund. The Fund shall consist ...
10.1-603.18 Administration of the Fund
The Authority shall administer and manage the Fund, and establish the interest rates and the repayment terms of such loans as provided in this article, ...
10.1-603.18:1 Deposit of money; expenditures; investments
All money belonging to the Fund shall be deposited in an account or accounts in banks or trust companies organized under the laws of the ...
10.1-603.18:2 Collection of money due Fund
The Authority is empowered to collect, or to authorize others to collect on its behalf, amounts due to the Fund under any loan to a ...
10.1-603.19 Purposes for which Fund is to be used; Authority to set terms and conditions of loans
A. The Director is authorized to make grants or loans to any local government for the purpose of assisting the local government in the development ...
10.1-603.19:1 (Effective July 1, 2009) Payments from a developer or subdivider
A. The Authority shall administer and manage deposits made to the Fund pursuant to § 15.2-2243.1 in accordance with a memorandum of agreement with the ...
10.1-603.20 Condition for making loans or grants
A. The Director may authorize a loan or grant for flood prevention or protection projects, or for flood prevention or protection studies under the provisions ...
10.1-603.21 , 10.1-603.22
Repealed by Acts 2006, cc. 648 and 765, cl. 2. ...
10.1-603.22:1 Pledge of loans to secure bonds of Authority.
The Authority is empowered at any time and from time to time to pledge, assign, or transfer from the Fund to banks or trust companies ...
10.1-603.22:2 Sale of loans.
The Authority is empowered at any time and from time to time to sell, upon such terms and conditions as the Authority shall deem appropriate, ...
10.1-603.22:3 Powers of the Authority.
The Authority is authorized to do any act necessary or convenient to the exercise of the powers granted in this article or reasonably implied thereby. ...
10.1-603.22:4 Liberal construction of article.
The provisions of this article shall be liberally construed to the end that its beneficial purposes may be effectuated. Insofar as the provisions of this ...
10.1-603.23 Record of application for grants or loans and action taken
A record of each application for a grant or loan and the action taken thereon shall be open to public inspection at the office of ...
10.1-604 Definitions
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 ...
10.1-605 Promulgation of regulations by the Board
The Board shall promulgate regulations to ensure that impounding structures in the Commonwealth are properly and safely constructed, maintained and operated. Dam safety regulations promulgated ...
10.1-605.1 Delegation of powers and duties.
The Board may delegate to the Director or his designee any of the powers and duties vested in the Board by this article, except the ...
10.1-606 Local advisory committee
When requested by the governing body of any affected county or city, the Board shall provide for the creation of a local advisory committee to ...
10.1-606.1 Description unavailable
Repealed by Acts 2008, c. 491, cl. 2. ...
10.1-606.2 Mapping of dam break inundation zones
A. An owner of an impounding structure shall prepare a map of the dam break inundation zone for the impounding structure in accordance with criteria ...
10.1-606.3 (Effective July 1, 2009) Requirement for development in dam break inundation zones
A. For any development proposed within the boundaries of a dam break inundation zone that has been mapped in accordance with § 10.1-606.2, the locality ...
10.1-606.4 Notice to the public
A. When applying to the Department for a permit under the Virginia Impounding Structure Regulations (4VAC 50-20) to construct a new impounding structure, the applicant ...
10.1-607 Safety inspections
No one shall maintain a dam which unreasonably threatens the life or property of another. The Board shall cause safety inspections to be made of ...
10.1-607.1 Criteria for designating a dam as unsafe.
A. Designation of a dam as unsafe shall be based on one or more of the following findings: 1. The dam has serious deficiencies in ...
10.1-608 Unsafe dams presenting imminent danger
When the Director finds an unsafe dam constituting an imminent danger to life or property, he shall immediately notify the Department of Emergency Management and ...
10.1-609 Unsafe dams presenting nonimminent danger
A. Within a reasonable time after completion of a safety inspection of an impounding structure authorized by § 10.1-607, the Board shall issue a report ...
10.1-609.1 Installation of IFLOWS gauges
A soil and water conservation district responsible for the maintenance and operation of a flood control dam shall be permitted to install Integrated Flood Observing ...
10.1-609.2 Prohibited vegetation.
Dam owners shall not permit the growth of trees and other woody vegetation and shall remove any such vegetation from the slopes and crest of ...
10.1-610 Right of entry
The Board and its agents and employees shall have the right to enter any property at reasonable times and under reasonable circumstances to perform such ...
10.1-610.1 Monitoring progress of work.
A. During the maintenance, construction, or alteration of any dam or reservoir, the Department shall make periodic inspections for the purpose of securing conformity with ...
10.1-611 Dam safety coordination
The Board shall coordinate all impoundment safety activities in the Commonwealth, which shall include, but not be limited to: (i) the maintenance of an inventory ...
10.1-611.1 Soil and Water Conservation District Dam Maintenance, Repair, and Rehabilitation Fund established; ...
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Soil and Water Conservation District Dam Maintenance, ...
10.1-612 Technical Advisory Committee
The Board shall establish an Impoundment Safety Technical Advisory Committee to provide technical review. The Committee may make recommendations to the Board. (1982, c. 583, ...
10.1-612.1 Temporary stop work order; hearing; injunctive relief.
A. The Director may issue a temporary stop work order on a construction or alteration project if he finds that an owner is constructing or ...
10.1-613 Enforcement
Any person or legal entity failing or refusing to comply with an order issued pursuant to this article may be compelled to comply with the ...
10.1-613.1 Criminal penalties.
A. It is unlawful for any owner to knowingly: 1. Operate, construct, or alter a dam without an approval as provided in this article; 2. ...
10.1-613.2 Civil penalties.
In addition to or in lieu of any other forfeitures, remedies, or penalties authorized by law or regulations, any owner violating any provision of this ...
10.1-613.3 No liability of Board, Department, employees, or agents.
An owner may not bring an action against the Commonwealth, the Board, the Department, or agents or employees of the Commonwealth for the recovery of ...
10.1-613.4 Liability of owner or operator.
Nothing in this article, and no order, notice, approval, or advice of the Director or Board shall relieve any owner or operator of such a ...
10.1-613.5 Program administration fees.
The Board is authorized to establish and collect application fees from any applicant to be deposited into the Flood Prevention and Protection Assistance Fund established ...
10.1-614 Establishment within soil and water conservation district authorized
Whenever it is found that soil and water conservation or water management within a soil and water conservation district or districts will be promoted by ...
10.1-615 Petition for establishment; what to set forth
A. Any twenty-five owners of land lying within the limits of a proposed watershed improvement district, or a majority of such owners if there are ...
10.1-616 Notice and hearing on petition; determination of need for district and defining boundarie...
Within thirty days after a petition has been filed with the directors of the soil and water conservation district or districts, they shall cause due ...
10.1-617 Determination of whether operation of proposed district is feasible; referendum
If the district directors determine that a need for the proposed watershed improvement district exists and after they define the boundaries of the proposed district, ...
10.1-618 Ballots used in such referendum
The question shall be submitted by ballots, which shall contain the following question: "Shall a watershed improvement district be created of the lands described below ...
10.1-619 Consideration of results of referendum; simple majority vote required
The results of the referendum shall be considered by the district directors in determining whether the operation of the proposed watershed improvement district is administratively ...
10.1-620 Declaration of organization of district; certification to Board
If the district directors determine that operation of the proposed watershed improvement district is administratively practicable and feasible, they shall declare the watershed improvement district ...
10.1-621 Establishment of watershed improvement district situated in more than one soil and water conservati...
If a proposed watershed improvement district is situated in more than one soil and water conservation district, copies of the petition shall be presented to ...
10.1-622 Inclusion of additional territory
Petitions for including additional territory within an existing watershed improvement district may be filed with directors of the soil and water conservation district or districts ...
10.1-623 Governing body of district; trustees
The directors of the soil and water conservation district or districts in which the watershed improvement district is situated shall be the governing body of ...
10.1-624 Officers, agents and employees; surety bonds; annual audit
The trustees may, with the approval of the directors of the soil and water conservation district or districts, employ such officers, agents, and other employees ...
10.1-625 Status and general powers of district; power to levy tax or service charge; approval of landowners ...
A watershed improvement district shall have all of the powers of the soil and water conservation district or districts in which the watershed improvement district ...
10.1-626 Levy of tax or service charge; when district in two or more counties or cities; landbooks certifie...
A. On or before March 1 of each year, the trustees of the watershed improvement district shall make an estimate of the amount of money ...
10.1-627 Collection of tax or service charge; proceeds kept in special account; expenditures from such accou...
The special tax or service charge levied shall be collected at the same time and in the same manner as county or city taxes with ...
10.1-628 Fiscal powers of governing body; may poll landowners on question of incurring indebtedness or issui...
The governing body of any watershed improvement district shall have power, subject to the conditions and limitations of this article, to incur indebtedness, borrow funds, ...
10.1-629 Order authorizing governing body to incur indebtedness or issue bonds
If the owners of at least two-thirds of the land area in the district vote in the election, and if at least two-thirds of the ...
10.1-630 Type of indebtedness incurred or bonds issued
The type of indebtedness incurred or bonds issued shall be that adopted by the governing body of the watershed improvement district and approved by the ...
10.1-631 Annual tax for payment of interest or to amortize indebtedness or bonds
The governing body of the watershed improvement district shall, if necessary to pay the interest on the indebtedness or bonds or to amortize such indebtedness ...
10.1-632 Powers granted additional to powers of soil and water conservation district; soil and water conserv...
The powers herein granted to watershed improvement districts shall be additional to the powers of the soil and water conservation district or districts in which ...
10.1-633 Power to incur debts and accept gifts, etc.; watershed improvement district to have same powers as ...
A watershed improvement district shall have power, as set forth in this article, to incur debts and repay them over the period of time and ...
10.1-634 Question to be submitted to qualified voters; approval required
In connection with any referendum held pursuant to the provisions of this article, the directors shall also provide for the submission of the question involved ...
10.1-634.1 Conduct of referenda
A. Except as provided in subsection B, the referenda authorized or required by this article shall be conducted pursuant to regulations prescribed by the Virginia ...
10.1-635 Power of eminent domain
In addition to any other powers conferred on it by law, any watershed improvement district organized under the provisions of this article shall be authorized ...
10.1-636 Definitions
As used in this article, unless the context requires a different meaning: "Board" means the Virginia Soil and Water Conservation Board. "Facility" means any structures, ...
10.1-637 Fund continued; administrative control
The "Conservation, Small Watersheds Flood Control and Area Development Fund," is continued and shall be administered and used as hereinafter provided. The revolving fund shall ...
10.1-638 Purposes for which fund to be used
A. The Board is authorized, with the concurrence of the State Treasurer, to order the State Comptroller to make loans from the revolving fund to ...
10.1-639 Conditions for making loan
The Board shall authorize the making of a loan under the provisions of § 10.1-638 A only when the following conditions exist: 1. An application ...
10.1-640 Political subdivisions may borrow from other sources
Any entity eligible under § 10.1-638 A may borrow funds as provided in this article before, simultaneously, or after borrowing funds from other sources for ...
10.1-641 Powers of Board in aid of the provisions of { 10.1-638
The Board shall have the following powers to effectuate the provisions of § 10.1-638 B: 1. To expend funds from the revolving fund for field ...
10.1-642 Record of applications for loans and action taken
A record of each application for a loan pursuant to § 10.1-639 received by the Board and the action taken thereon shall be open to ...
10.1-643 Period of loan; interest rate; loan shall constitute a lien
Any loan made pursuant to the provisions of § 10.1-638 A may be made for any period not to exceed twenty years and shall bear ...
10.1-644 Recovery of money due to fund
If a borrower defaults on any payment due the State Treasurer pursuant to § 10.1-643 or on any other obligation incurred pursuant to the provisions ...
10.1-645 Limits on expenditures authorized under { 10.1-638 B; sale of resulting facilities; sale of store...
Expenditures by the Board for any one facility under the provisions of § 10.1-638 B shall not exceed $500,000 without the written approval of the ...
10.1-646 Purchase price and terms of sales authorized by { 10.1-645
When an entity, as the term is used in § 10.1-645, agrees to purchase a facility and the rights incident thereto resulting from the storing ...
10.1-647 Disposition of facilities financed under article when part of debt remains outstanding
No facility financed from the revolving fund under the provisions of this article, in whole or in part, shall be sold by an entity when ...
10.1-648 Acquisition of lands, easements, and rights-of-way
A. The Board, in addition to the provisions of § 10.1-638, may use funds from the revolving fund to pay the cost of the purchase ...
10.1-649 Sale to Board of property and rights-of-way acquired by condemnation
For the purpose of § 10.1-638 B the Board is authorized to purchase property and rights-of-way condemned for maintaining, protecting, or providing supplies of water ...
10.1-650 Definitions
As used in this article, unless the context clearly requires a different meaning: "Continual accelerated erosion" means a rapid increase in the erosion rate of ...
10.1-651 Establishment and administration of Program
The Stream Restoration Assistance Program is continued to protect the natural streams of the Commonwealth. The Program shall aid in the stabilization and protection of ...
10.1-652 Program applicability
The Stream Restoration Assistance Program shall apply only to natural nontidal streams which have been damaged as a result of naturally occurring flooding events. Streams ...
10.1-653 Application for assistance
Landowners who wish to receive assistance under the Program shall apply to the Virginia Soil and Water Conservation Board. The Board shall provide copies of ...
10.1-654 Damage inspections and reports
A. Upon receipt of an application for assistance, the Board shall schedule a field inspection of the affected stream segment to determine the extent of ...
10.1-655 Types of assistance
Upon approval of an application for assistance, the Board may provide technical and financial assistance to the applicant according to the following guidelines: 1. The ...
10.1-656 Board action on assistance requests
The Board shall consider requests for technical and financial assistance from landowners whose property borders on or contains natural streams which have been damaged by ...
10.1-657 Account established
An account designated as the Stream Restoration Account shall be established to provide grants to landowners who make requests under the Stream Restoration Assistance Programs. ...
10.1-658 State interest in flood control
A. The General Assembly declares that storm events cause recurrent flooding of Virginia's land resources and result in the loss of life, damage to property, ...
10.1-659 Flood protection programs; coordination
The provisions of this chapter shall be coordinated with federal, state and local flood prevention and water quality programs to minimize loss of life, property ...

Last modified: April 2, 2009