{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-408.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-408.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-408.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-408.html"}],"law_id":80733,"edition_id":1,"section_id":80733,"structure_id":14585,"section_number":"10.1-408","catch_line":"Uses not affected by scenic river designation","history":"1988, c. 891; 2014, c. 823; 2018, c. 273; 2020, cc. 306, 629; 2022, cc. 175, 235.","full_text":"A\n\nExcept as provided in § 10.1-407, all riparian land and water uses along or in the designated section of a river that are permitted by law shall not be restricted by this chapter.B\n\nDesignation as a scenic river shall not be used:1\n\nTo designate the lands along the river and its tributaries as unsuitable for mining pursuant to § 45.2-1028 or regulations promulgated with respect to such section, or as unsuitable for use as a location for a surface mineral mine as defined in § 45.2-1101; however, the Department shall still be permitted to exercise the powers granted under § 10.1-402; or2\n\nTo be a criterion for purposes of imposing water quality standards under the federal Clean Water Act.C\n\nNothing in this chapter shall preclude the federal government, the Commonwealth, or a locality or local governing body from using, constructing, reconstructing, replacing, repairing, operating, or performing necessary maintenance on any road or bridge.D\n\nNothing in § 10.1-413, 10.1-414, or 10.1-418.6 shall preclude the Commonwealth or a local governing body or authority from constructing, reconstructing, operating, or performing necessary maintenance on any transportation or public water supply project.E\n\nNothing in this chapter shall preclude the continued:1\n\nUse, operation, and maintenance of the existing Loudoun County Sanitation Authority water impoundment or the installation of new water intake facilities in the existing reservoir located within the section of Goose Creek designated by § 10.1-411;2\n\nOperation and maintenance of existing dams in the section of the Rappahannock River designated by § 10.1-415;3\n\nOperation, maintenance, alteration, expansion, or destruction by the City of Fredericksburg of the old VEPCO canal or any other part of the city’s waterworks; or4\n\nOperation and maintenance of existing dams in the section of the Clinch River designated by § 10.1-410.2.F\n\nThe City of Richmond shall be allowed to reconstruct, operate, and maintain existing facilities at the Byrd Park and Hollywood Hydroelectric Power Stations at current capacity. Nothing in this chapter shall be construed to prevent the Commonwealth, the City of Richmond, or any common carrier railroad from constructing or reconstructing floodwalls or public common carrier facilities that may traverse the section of the James River designated by § 10.1-412, such as road or railroad bridges, raw water intake structures, or water or sewer lines that would be constructed below water level.G\n\nThe owner of the Harvell Dam in the City of Petersburg may construct, reconstruct, operate, and maintain the Harvell Dam subject to other law and regulation.H\n\nNothing in this chapter shall preclude the Commonwealth, the City of Fredericksburg, or Culpeper, Spotsylvania, or Stafford County from constructing any new raw water intake structures or devices, including pipes and reservoirs but not dams, or laying water or sewer lines below water level.I\n\nNothing in this chapter shall:1\n\nPreclude the construction, operation, repair, maintenance, or replacement of (i) a natural gas pipeline for which the State Corporation Commission has issued a certificate of public convenience and necessity or any connections with such pipeline owned by the Richmond Gas Utility and connected to such pipeline or (ii) the natural gas pipeline, case number PUE 860065, for which the State Corporation Commission has issued a certificate of public convenience and necessity;2\n\nBe construed to prevent the construction, use, operation, and maintenance of a natural gas pipeline (i) traversing the portion of the river designated by § 10.1-411.1 at, or at any point north of, the existing power line that is located approximately 200 feet north of the northern entrance to the Swede Tunnel or (ii) on or beneath the two existing railroad trestles, one located just south of the Swede Tunnel and the other located just north of the confluence of the Guest River with the Clinch River, or to prevent the use, operation, and maintenance of such railroad trestles in furtherance of the construction, operation, use, and maintenance of such pipeline; or3\n\nPreclude the construction, use, operation, maintenance, replacement, or removal of any asset owned or operated by an entity organized pursuant to Chapter 9.1 (§ 56-231.15 et seq.) of Title 56 traversing the portion of the river designated by § 10.1-413 at or any point between the confluence of Allen’s Creek and the James River and the confluence of David Creek and the James River.","order_by":null,"text":{"0":{"id":289399,"text":"Except as provided in § 10.1-407, all riparian land and water uses along or in the designated section of a river that are permitted by law shall not be restricted by this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289400,"text":"Designation as a scenic river shall not be used:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":289401,"text":"To designate the lands along the river and its tributaries as unsuitable for mining pursuant to § 45.2-1028 or regulations promulgated with respect to such section, or as unsuitable for use as a location for a surface mineral mine as defined in § 45.2-1101; however, the Department shall still be permitted to exercise the powers granted under § 10.1-402; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":289402,"text":"To be a criterion for purposes of imposing water quality standards under the federal Clean Water Act.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":289403,"text":"Nothing in this chapter shall preclude the federal government, the Commonwealth, or a locality or local governing body from using, constructing, reconstructing, replacing, repairing, operating, or performing necessary maintenance on any road or bridge.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":289404,"text":"Nothing in § 10.1-413, 10.1-414, or 10.1-418.6 shall preclude the Commonwealth or a local governing body or authority from constructing, reconstructing, operating, or performing necessary maintenance on any transportation or public water supply project.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":289405,"text":"Nothing in this chapter shall preclude the continued:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"7":{"id":289406,"text":"Use, operation, and maintenance of the existing Loudoun County Sanitation Authority water impoundment or the installation of new water intake facilities in the existing reservoir located within the section of Goose Creek designated by § 10.1-411;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"8":{"id":289407,"text":"Operation and maintenance of existing dams in the section of the Rappahannock River designated by § 10.1-415;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"9":{"id":289408,"text":"Operation, maintenance, alteration, expansion, or destruction by the City of Fredericksburg of the old VEPCO canal or any other part of the city’s waterworks; or","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"10":{"id":289409,"text":"Operation and maintenance of existing dams in the section of the Clinch River designated by § 10.1-410.2.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"11":{"id":289410,"text":"The City of Richmond shall be allowed to reconstruct, operate, and maintain existing facilities at the Byrd Park and Hollywood Hydroelectric Power Stations at current capacity. Nothing in this chapter shall be construed to prevent the Commonwealth, the City of Richmond, or any common carrier railroad from constructing or reconstructing floodwalls or public common carrier facilities that may traverse the section of the James River designated by § 10.1-412, such as road or railroad bridges, raw water intake structures, or water or sewer lines that would be constructed below water level.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4","next_prefix":"G"},"12":{"id":289411,"text":"The owner of the Harvell Dam in the City of Petersburg may construct, reconstruct, operate, and maintain the Harvell Dam subject to other law and regulation.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"13":{"id":289412,"text":"Nothing in this chapter shall preclude the Commonwealth, the City of Fredericksburg, or Culpeper, Spotsylvania, or Stafford County from constructing any new raw water intake structures or devices, including pipes and reservoirs but not dams, or laying water or sewer lines below water level.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"14":{"id":289413,"text":"Nothing in this chapter shall:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"15":{"id":289414,"text":"Preclude the construction, operation, repair, maintenance, or replacement of (i) a natural gas pipeline for which the State Corporation Commission has issued a certificate of public convenience and necessity or any connections with such pipeline owned by the Richmond Gas Utility and connected to such pipeline or (ii) the natural gas pipeline, case number PUE 860065, for which the State Corporation Commission has issued a certificate of public convenience and necessity;","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"16":{"id":289415,"text":"Be construed to prevent the construction, use, operation, and maintenance of a natural gas pipeline (i) traversing the portion of the river designated by § 10.1-411.1 at, or at any point north of, the existing power line that is located approximately 200 feet north of the northern entrance to the Swede Tunnel or (ii) on or beneath the two existing railroad trestles, one located just south of the Swede Tunnel and the other located just north of the confluence of the Guest River with the Clinch River, or to prevent the use, operation, and maintenance of such railroad trestles in furtherance of the construction, operation, use, and maintenance of such pipeline; or","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"I3"},"17":{"id":289416,"text":"Preclude the construction, use, operation, maintenance, replacement, or removal of any asset owned or operated by an entity organized pursuant to Chapter 9.1 (§ 56-231.15 et seq.) of Title 56 traversing the portion of the river designated by § 10.1-413 at or any point between the confluence of Allen’s Creek and the James River and the confluence of David Creek and the James River.","type":"section","prefixes":["I","3"],"prefix":"3","entire_prefix":"I3","prefix_anchor":"I3","level":2,"prior_prefix":"I2"}},"ancestry":[{"id":14585,"edition_id":1,"name":"Scenic Rivers Act","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12893,"metadata":{},"date_created":"2026-06-26 03:48:46","date_modified":"2026-06-26 03:48:46","permalink":{"id":143797,"object_type":"structure","relational_id":14585,"identifier":"4","token":"10.1\/I\/4","url":"\/10.1\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12893,"edition_id":1,"name":"Activities Administered by the Department of Conservation and Recreation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":143315,"object_type":"structure","relational_id":12893,"identifier":"I","token":"10.1\/I","url":"\/10.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75864,"structure_id":14585,"section_number":"10.1-400","catch_line":"Definitions","url":"\/10.1-400\/","token":"10.1\/I\/4\/10.1-400","metadata":false},{"id":77774,"structure_id":14585,"section_number":"10.1-401","catch_line":"Powers and duties of Director; acquisition of property","url":"\/10.1-401\/","token":"10.1\/I\/4\/10.1-401","metadata":false},{"id":72808,"structure_id":14585,"section_number":"10.1-402","catch_line":"Development of water and related resources and evaluation as scenic resource","url":"\/10.1-402\/","token":"10.1\/I\/4\/10.1-402","metadata":false},{"id":66541,"structure_id":14585,"section_number":"10.1-403","catch_line":"Hearing","url":"\/10.1-403\/","token":"10.1\/I\/4\/10.1-403","metadata":false},{"id":71197,"structure_id":14585,"section_number":"10.1-404","catch_line":"Recommendation that a river be designated a scenic river","url":"\/10.1-404\/","token":"10.1\/I\/4\/10.1-404","metadata":false},{"id":63999,"structure_id":14585,"section_number":"10.1-405","catch_line":"Duties and powers of the Department; eminent domain prohibited","url":"\/10.1-405\/","token":"10.1\/I\/4\/10.1-405","metadata":false},{"id":59274,"structure_id":14585,"section_number":"10.1-406","catch_line":"Repealed","url":"\/10.1-406\/","token":"10.1\/I\/4\/10.1-406","metadata":false},{"id":79470,"structure_id":14585,"section_number":"10.1-406.1","catch_line":"Powers of local governments","url":"\/10.1-406.1\/","token":"10.1\/I\/4\/10.1-406.1","metadata":false},{"id":57370,"structure_id":14585,"section_number":"10.1-407","catch_line":"Act of General Assembly required to construct, etc., dam or other structure","url":"\/10.1-407\/","token":"10.1\/I\/4\/10.1-407","metadata":false},{"id":80733,"structure_id":14585,"section_number":"10.1-408","catch_line":"Uses not affected by scenic river designation","url":"\/10.1-408\/","token":"10.1\/I\/4\/10.1-408","metadata":false},{"id":74404,"structure_id":14585,"section_number":"10.1-409","catch_line":"Appomattox State Scenic River","url":"\/10.1-409\/","token":"10.1\/I\/4\/10.1-409","metadata":false},{"id":78585,"structure_id":14585,"section_number":"10.1-410","catch_line":"Catoctin Creek State Scenic River","url":"\/10.1-410\/","token":"10.1\/I\/4\/10.1-410","metadata":false},{"id":58136,"structure_id":14585,"section_number":"10.1-410.1","catch_line":"Chickahominy State Scenic River","url":"\/10.1-410.1\/","token":"10.1\/I\/4\/10.1-410.1","metadata":false},{"id":64776,"structure_id":14585,"section_number":"10.1-410.2","catch_line":"Clinch State Scenic River","url":"\/10.1-410.2\/","token":"10.1\/I\/4\/10.1-410.2","metadata":false},{"id":71039,"structure_id":14585,"section_number":"10.1-411","catch_line":"Goose Creek State Scenic River","url":"\/10.1-411\/","token":"10.1\/I\/4\/10.1-411","metadata":false},{"id":56083,"structure_id":14585,"section_number":"10.1-411.1","catch_line":"Guest State Scenic River","url":"\/10.1-411.1\/","token":"10.1\/I\/4\/10.1-411.1","metadata":false},{"id":73087,"structure_id":14585,"section_number":"10.1-411.2","catch_line":"Russell Fork State Scenic River","url":"\/10.1-411.2\/","token":"10.1\/I\/4\/10.1-411.2","metadata":false},{"id":83426,"structure_id":14585,"section_number":"10.1-411.3","catch_line":"Banister State Scenic River","url":"\/10.1-411.3\/","token":"10.1\/I\/4\/10.1-411.3","metadata":false},{"id":86727,"structure_id":14585,"section_number":"10.1-411.4","catch_line":"Cranesnest State Scenic River","url":"\/10.1-411.4\/","token":"10.1\/I\/4\/10.1-411.4","metadata":false},{"id":76162,"structure_id":14585,"section_number":"10.1-411.5","catch_line":"Pound State Scenic River","url":"\/10.1-411.5\/","token":"10.1\/I\/4\/10.1-411.5","metadata":false},{"id":74937,"structure_id":14585,"section_number":"10.1-411.6","catch_line":"Grays Creek State Scenic River","url":"\/10.1-411.6\/","token":"10.1\/I\/4\/10.1-411.6","metadata":false},{"id":63463,"structure_id":14585,"section_number":"10.1-412","catch_line":"Historic Falls of the James State Scenic River","url":"\/10.1-412\/","token":"10.1\/I\/4\/10.1-412","metadata":false},{"id":67527,"structure_id":14585,"section_number":"10.1-413","catch_line":"James State Scenic River","url":"\/10.1-413\/","token":"10.1\/I\/4\/10.1-413","metadata":false},{"id":79579,"structure_id":14585,"section_number":"10.1-413.1","catch_line":"Moormans State Scenic River","url":"\/10.1-413.1\/","token":"10.1\/I\/4\/10.1-413.1","metadata":false},{"id":81358,"structure_id":14585,"section_number":"10.1-413.2","catch_line":"North Landing and Tributaries State Scenic River","url":"\/10.1-413.2\/","token":"10.1\/I\/4\/10.1-413.2","metadata":false},{"id":58927,"structure_id":14585,"section_number":"10.1-413.3","catch_line":"Dan State Scenic River","url":"\/10.1-413.3\/","token":"10.1\/I\/4\/10.1-413.3","metadata":false},{"id":69375,"structure_id":14585,"section_number":"10.1-414","catch_line":"Nottoway State Scenic River","url":"\/10.1-414\/","token":"10.1\/I\/4\/10.1-414","metadata":false},{"id":68564,"structure_id":14585,"section_number":"10.1-415","catch_line":"Rappahannock State Scenic River","url":"\/10.1-415\/","token":"10.1\/I\/4\/10.1-415","metadata":false},{"id":57698,"structure_id":14585,"section_number":"10.1-415.1","catch_line":"Rockfish State Scenic River","url":"\/10.1-415.1\/","token":"10.1\/I\/4\/10.1-415.1","metadata":false},{"id":70441,"structure_id":14585,"section_number":"10.1-416","catch_line":"Rivanna State Scenic River","url":"\/10.1-416\/","token":"10.1\/I\/4\/10.1-416","metadata":false},{"id":75349,"structure_id":14585,"section_number":"10.1-417","catch_line":"Shenandoah State Scenic River","url":"\/10.1-417\/","token":"10.1\/I\/4\/10.1-417","metadata":false},{"id":81278,"structure_id":14585,"section_number":"10.1-417.01","catch_line":"North Fork of the Shenandoah State Scenic River","url":"\/10.1-417.01\/","token":"10.1\/I\/4\/10.1-417.01","metadata":false},{"id":62606,"structure_id":14585,"section_number":"10.1-417.1","catch_line":"South State Scenic River","url":"\/10.1-417.1\/","token":"10.1\/I\/4\/10.1-417.1","metadata":false},{"id":66803,"structure_id":14585,"section_number":"10.1-418","catch_line":"Staunton State Scenic River","url":"\/10.1-418\/","token":"10.1\/I\/4\/10.1-418","metadata":false},{"id":62654,"structure_id":14585,"section_number":"10.1-418.1","catch_line":"North Meherrin State Scenic River","url":"\/10.1-418.1\/","token":"10.1\/I\/4\/10.1-418.1","metadata":false},{"id":65555,"structure_id":14585,"section_number":"10.1-418.10","catch_line":"Maury State Scenic River","url":"\/10.1-418.10\/","token":"10.1\/I\/4\/10.1-418.10","metadata":false},{"id":82946,"structure_id":14585,"section_number":"10.1-418.2","catch_line":"St. Mary's State Scenic River","url":"\/10.1-418.2\/","token":"10.1\/I\/4\/10.1-418.2","metadata":false},{"id":82236,"structure_id":14585,"section_number":"10.1-418.3","catch_line":"Meherrin State Scenic River","url":"\/10.1-418.3\/","token":"10.1\/I\/4\/10.1-418.3","metadata":false},{"id":85343,"structure_id":14585,"section_number":"10.1-418.4","catch_line":"North Mayo State Scenic River","url":"\/10.1-418.4\/","token":"10.1\/I\/4\/10.1-418.4","metadata":false},{"id":85733,"structure_id":14585,"section_number":"10.1-418.5","catch_line":"South Mayo State Scenic River","url":"\/10.1-418.5\/","token":"10.1\/I\/4\/10.1-418.5","metadata":false},{"id":64665,"structure_id":14585,"section_number":"10.1-418.6","catch_line":"Blackwater State Scenic River","url":"\/10.1-418.6\/","token":"10.1\/I\/4\/10.1-418.6","metadata":false},{"id":81876,"structure_id":14585,"section_number":"10.1-418.7","catch_line":"Jordan State Scenic River","url":"\/10.1-418.7\/","token":"10.1\/I\/4\/10.1-418.7","metadata":false},{"id":57492,"structure_id":14585,"section_number":"10.1-418.8","catch_line":"Hughes State Scenic River","url":"\/10.1-418.8\/","token":"10.1\/I\/4\/10.1-418.8","metadata":false},{"id":62386,"structure_id":14585,"section_number":"10.1-418.9","catch_line":"Tye State Scenic River","url":"\/10.1-418.9\/","token":"10.1\/I\/4\/10.1-418.9","metadata":false}],"previous_section":{"id":57370,"structure_id":14585,"section_number":"10.1-407","catch_line":"Act of General Assembly required to construct, etc., dam or other structure","url":"\/10.1-407\/","token":"10.1\/I\/4\/10.1-407","metadata":false},"next_section":{"id":74404,"structure_id":14585,"section_number":"10.1-409","catch_line":"Appomattox State Scenic River","url":"\/10.1-409\/","token":"10.1\/I\/4\/10.1-409","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-408\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 891 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2014, chapter 823<\/a>; in 2018, chapter 273<\/a>; in 2020, chapters 306<\/a> and 629<\/a>; in 2022, chapters 175<\/a> and 235<\/a>.<\/p>","references":false,"refers_to":[{"id":72808,"section_number":"10.1-402","catch_line":"Development of water and related resources and evaluation as scenic resource","order_by":null,"url":"\/10.1-402\/"},{"id":57370,"section_number":"10.1-407","catch_line":"Act of General Assembly required to construct, etc., dam or other structure","order_by":null,"url":"\/10.1-407\/"},{"id":71039,"section_number":"10.1-411","catch_line":"Goose Creek State Scenic River","order_by":null,"url":"\/10.1-411\/"},{"id":56083,"section_number":"10.1-411.1","catch_line":"Guest State Scenic River","order_by":null,"url":"\/10.1-411.1\/"},{"id":63463,"section_number":"10.1-412","catch_line":"Historic Falls of the James State Scenic River","order_by":null,"url":"\/10.1-412\/"},{"id":67527,"section_number":"10.1-413","catch_line":"James State Scenic River","order_by":null,"url":"\/10.1-413\/"},{"id":69375,"section_number":"10.1-414","catch_line":"Nottoway State Scenic River","order_by":null,"url":"\/10.1-414\/"},{"id":68564,"section_number":"10.1-415","catch_line":"Rappahannock State Scenic River","order_by":null,"url":"\/10.1-415\/"},{"id":64665,"section_number":"10.1-418.6","catch_line":"Blackwater State Scenic River","order_by":null,"url":"\/10.1-418.6\/"},{"id":61010,"section_number":"45.2-1028","catch_line":" Designating areas unsuitable for coal surface mining","order_by":null,"url":"\/45.2-1028\/"},{"id":84220,"section_number":"45.2-1101","catch_line":"Definitions","order_by":null,"url":"\/45.2-1101\/"},{"id":77567,"section_number":"56-231.15","catch_line":"Definitions","order_by":null,"url":"\/56-231.15\/"}],"permalink":{"id":143835,"object_type":"law","relational_id":80733,"identifier":"10.1-408","token":"10.1\/I\/4\/10.1-408","url":"\/10.1-408\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-408\/","token":"10.1\/I\/4\/10.1-408","dublin_core":{"Title":"Uses not affected by scenic river designation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-408","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in § 10.1-407<\/a>, all riparian land and water uses along or in the designated section of a river<\/span> that are permitted by law<\/span> shall not be restricted by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Designation as a scenic river<\/span> shall not be used: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To designate the lands along the river and its tributaries as unsuitable for mining pursuant to § 45.2-1028<\/a> or regulations promulgated with respect to such section, or as unsuitable for use as a location for a surface mineral mine as defined in § 45.2-1101<\/a>; however, the Department<\/span> shall still be permitted to exercise the powers granted under § 10.1-402<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To be a criterion for purposes of imposing water quality standards under the federal Clean Water Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this chapter shall preclude the federal government, the Commonwealth, or a locality or local governing body from using, constructing, reconstructing, replacing, repairing, operating, or performing necessary maintenance on any road or bridge. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in § 10.1-413<\/a>, 10.1-414<\/a>, or 10.1-418.6<\/a> shall preclude the Commonwealth or a local governing body or authority from constructing, reconstructing, operating, or performing necessary maintenance on any transportation or public water supply project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this chapter shall preclude the continued: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Use, operation, and maintenance of the existing Loudoun County Sanitation Authority water impoundment or the installation of new water intake facilities in the existing reservoir located within the section of Goose Creek designated by § 10.1-411<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Operation and maintenance of existing dams in the section of the Rappahannock River designated by § 10.1-415<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Operation, maintenance, alteration, expansion, or destruction by the City of Fredericksburg of the old VEPCO canal or any other part of the city’s waterworks; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Operation and maintenance of existing dams in the section of the Clinch River designated by § 10.1-410.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The City of Richmond shall be allowed to reconstruct, operate, and maintain existing facilities at the Byrd Park and Hollywood Hydroelectric Power Stations at current capacity. Nothing in this chapter shall be construed to prevent the Commonwealth, the City of Richmond, or any common carrier railroad from constructing or reconstructing floodwalls or public common carrier facilities that may traverse the section of the James River designated by § 10.1-412<\/a>, such as road or railroad bridges, raw water intake structures, or water or sewer lines that would be constructed below water level. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The owner of the Harvell Dam in the City of Petersburg may construct, reconstruct, operate, and maintain the Harvell Dam subject to other law<\/span> and regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this chapter shall preclude the Commonwealth, the City of Fredericksburg, or Culpeper, Spotsylvania, or Stafford County from constructing any new raw water intake structures or devices, including pipes and reservoirs but not dams, or laying water or sewer lines below water level. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Nothing in this chapter shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Preclude the construction, operation, repair, maintenance, or replacement of (i) a natural gas pipeline for which the State Corporation Commission has issued a certificate of public convenience and necessity or any connections with such pipeline owned by the Richmond Gas Utility and connected to such pipeline or (ii) the natural gas pipeline, case number PUE 860065, for which the State Corporation Commission has issued a certificate of public convenience and necessity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Be construed to prevent the construction, use, operation, and maintenance of a natural gas pipeline (i) traversing the portion of the river designated by § 10.1-411.1<\/a> at, or at any point north of, the existing power line that is located approximately 200 feet north of the northern entrance to the Swede Tunnel or (ii) on or beneath the two existing railroad trestles, one located just south of the Swede Tunnel and the other located just north of the confluence of the Guest River with the Clinch River, or to prevent the use, operation, and maintenance of such railroad trestles in furtherance of the construction, operation, use, and maintenance of such pipeline; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Preclude the construction, use, operation, maintenance, replacement, or removal of any asset owned or operated by an entity organized pursuant to Chapter 9.1 (§ 56-231.15<\/a> et seq.) of Title 56 traversing the portion of the river designated by § 10.1-413<\/a> at or any point between the confluence of Allen’s Creek and the James River and the confluence of David Creek and the James River. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSES NOT AFFECTED BY SCENIC RIVER DESIGNATION (\u00a7 10.1-408)\n\nA. Except as provided in § 10.1-407, all riparian land and water uses along\nor in the designated section of a river that are permitted by law shall not be\nrestricted by this chapter.\n\nB. Designation as a scenic river shall not be used:\n\n 1. To designate the lands along the river and its tributaries as unsuitable\n for mining pursuant to § 45.2-1028 or regulations promulgated with\n respect to such section, or as unsuitable for use as a location for a surface\n mineral mine as defined in § 45.2-1101; however, the Department shall\n still be permitted to exercise the powers granted under § 10.1-402; or\n\n 2. To be a criterion for purposes of imposing water quality standards under\n the federal Clean Water Act.\n\nC. Nothing in this chapter shall preclude the federal government, the\nCommonwealth, or a locality or local governing body from using, constructing,\nreconstructing, replacing, repairing, operating, or performing necessary\nmaintenance on any road or bridge.\n\nD. Nothing in § 10.1-413, 10.1-414, or 10.1-418.6 shall preclude the\nCommonwealth or a local governing body or authority from constructing,\nreconstructing, operating, or performing necessary maintenance on any\ntransportation or public water supply project.\n\nE. Nothing in this chapter shall preclude the continued:\n\n 1. Use, operation, and maintenance of the existing Loudoun County Sanitation\n Authority water impoundment or the installation of new water intake facilities\n in the existing reservoir located within the section of Goose Creek designated\n by § 10.1-411;\n\n 2. Operation and maintenance of existing dams in the section of the\n Rappahannock River designated by § 10.1-415;\n\n 3. Operation, maintenance, alteration, expansion, or destruction by the City\n of Fredericksburg of the old VEPCO canal or any other part of the city’s\n waterworks; or\n\n 4. Operation and maintenance of existing dams in the section of the Clinch\n River designated by § 10.1-410.2.\n\nF. The City of Richmond shall be allowed to reconstruct, operate, and maintain\nexisting facilities at the Byrd Park and Hollywood Hydroelectric Power Stations\nat current capacity. Nothing in this chapter shall be construed to prevent the\nCommonwealth, the City of Richmond, or any common carrier railroad from\nconstructing or reconstructing floodwalls or public common carrier facilities\nthat may traverse the section of the James River designated by § 10.1-412,\nsuch as road or railroad bridges, raw water intake structures, or water or sewer\nlines that would be constructed below water level.\n\nG. The owner of the Harvell Dam in the City of Petersburg may construct,\nreconstruct, operate, and maintain the Harvell Dam subject to other law and\nregulation.\n\nH. Nothing in this chapter shall preclude the Commonwealth, the City of\nFredericksburg, or Culpeper, Spotsylvania, or Stafford County from constructing\nany new raw water intake structures or devices, including pipes and reservoirs\nbut not dams, or laying water or sewer lines below water level.\n\nI. Nothing in this chapter shall:\n\n 1. Preclude the construction, operation, repair, maintenance, or replacement\n of (i) a natural gas pipeline for which the State Corporation Commission has\n issued a certificate of public convenience and necessity or any connections\n with such pipeline owned by the Richmond Gas Utility and connected to such\n pipeline or (ii) the natural gas pipeline, case number PUE 860065, for which\n the State Corporation Commission has issued a certificate of public\n convenience and necessity;\n\n 2. Be construed to prevent the construction, use, operation, and maintenance\n of a natural gas pipeline (i) traversing the portion of the river designated\n by § 10.1-411.1 at, or at any point north of, the existing power line\n that is located approximately 200 feet north of the northern entrance to the\n Swede Tunnel or (ii) on or beneath the two existing railroad trestles, one\n located just south of the Swede Tunnel and the other located just north of the\n confluence of the Guest River with the Clinch River, or to prevent the use,\n operation, and maintenance of such railroad trestles in furtherance of the\n construction, operation, use, and maintenance of such pipeline; or\n\n 3. Preclude the construction, use, operation, maintenance, replacement, or\n removal of any asset owned or operated by an entity organized pursuant to\n Chapter 9.1 (§ 56-231.15 et seq.) of Title 56 traversing the portion of\n the river designated by § 10.1-413 at or any point between the confluence\n of Allen’s Creek and the James River and the confluence of David Creek\n and the James River.\n\nHISTORY: 1988, c. 891; 2014, c. 823; 2018, c. 273; 2020, cc. 306, 629; 2022, cc.\n175, 235.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}