{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-602.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-602.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-602.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-602.html"}],"law_id":55899,"edition_id":1,"section_id":55899,"structure_id":14494,"section_number":"10.1-602","catch_line":"Powers and duties of Department","history":"1977, c. 310, \u00a7 62.1-44.112; 1981, c. 315; 1987, c. 163; 1988, c. 891; 1989, cc. 468, 497; 2015, cc. 172, 251; 2022, cc. 494, 495.","full_text":"The Department shall:\n\n1\n\nDevelop a Virginia Flood Protection Master Plan (the Plan) for the Commonwealth. This Plan shall be a place-specific plan for mitigating severe and repetitive flooding and shall, at a minimum, (i) base decision making on the best-available science; (ii) identify and address socioeconomic inequities and strive to enhance equity through the adaptation and protection measures by considering all areas of recurrent flooding; (iii) recognize the importance of protecting and enhancing natural infrastructure and nature-based approaches to flood mitigation, when possible; (iv) utilize community and regional scale planning to the maximum extent possible, seeking region-specific approaches tailored to the needs of individual communities; and (v) include an understanding of fiscal realities and focus on cost-effective solutions for the protection and adaptation of communities, businesses, and critical infrastructure. The Plan shall include, at a minimum:\n\t\t\ta. An inventory of flood-prone areas;\n\t\t\tb. An inventory of flood protection studies;\n\t\t\tc. A record of flood damages;\n\t\t\td. Strategies to prevent or mitigate flood damage; and\n\t\t\te. The collection and distribution of information relating to flooding and flood plain management.\n\t\t\tThe Plan shall be reviewed and updated by the Department on a regular basis, but at least once every five years, and for each of the items listed in provisions a through e, the plan shall state when that provision was last updated and when the next update is planned. The plan shall be maintained in an online format so as to be easily accessed by other government entities and by the public. The online plan shall contain links to the most current information available from other federal, state, and local sources. All agencies of the Commonwealth shall provide assistance to the Department upon request.2\n\nServe as the coordinator of all flood protection programs and activities in the Commonwealth, including the coordination of federal flood protection programs administered by the United States Army Corps of Engineers, the United States Department of Agriculture, the Federal Emergency Management Agency, the United States Geological Survey, the Tennessee Valley Authority, other federal agencies and local governments.3\n\nMake available flood and flood damage reduction data to localities for planning purposes, in order to assure necessary local participation in the planning process and in the selection of desirable alternatives which will fulfill the intent of this article. This shall include the development of a data base to include (i) all flood protection projects implemented by federal agencies and (ii) the estimated value of property damaged by major floods.4\n\nAssist localities in their management of flood plain activities in cooperation with the Department of Housing and Community Development.5\n\nCarry out the provisions of this article in a manner which will ensure that the management of flood plains will preserve the capacity of the flood plain to carry and discharge a hundred year flood.6\n\nMake, in cooperation with localities, periodic inspections to determine the effectiveness of local flood plain management programs, including an evaluation of the enforcement of and compliance with local flood plain management ordinances, rules and regulations.7\n\nCoordinate with the United States Federal Emergency Management Agency to ensure current knowledge of the identification of flood-prone communities and of the status of applications made by localities to participate in the National Flood Insurance Program.8\n\nEstablish guidelines which will meet minimum requirements of the National Flood Insurance Program in furtherance of the policy of the Commonwealth to assure that all citizens living in flood-prone areas may have the opportunity to indemnify themselves from flood losses through the purchase of flood insurance under the regular flood insurance program of the National Flood Insurance Act of 1968 as amended.9\n\nSubject to the provisions of the Appropriations Act, provide financial and technical assistance to localities in an amount not to exceed fifty percent of the nonfederal costs of flood protection projects.10\n\nServe as the lead administrator for the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan.11\n\nImplement the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan.12\n\nEnsure that the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan are integrated.","order_by":null,"text":{"0":{"id":204777,"text":"The Department shall:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":204778,"text":"Develop a Virginia Flood Protection Master Plan (the Plan) for the Commonwealth. This Plan shall be a place-specific plan for mitigating severe and repetitive flooding and shall, at a minimum, (i) base decision making on the best-available science; (ii) identify and address socioeconomic inequities and strive to enhance equity through the adaptation and protection measures by considering all areas of recurrent flooding; (iii) recognize the importance of protecting and enhancing natural infrastructure and nature-based approaches to flood mitigation, when possible; (iv) utilize community and regional scale planning to the maximum extent possible, seeking region-specific approaches tailored to the needs of individual communities; and (v) include an understanding of fiscal realities and focus on cost-effective solutions for the protection and adaptation of communities, businesses, and critical infrastructure. The Plan shall include, at a minimum:\n\t\t\ta. An inventory of flood-prone areas;\n\t\t\tb. An inventory of flood protection studies;\n\t\t\tc. A record of flood damages;\n\t\t\td. Strategies to prevent or mitigate flood damage; and\n\t\t\te. The collection and distribution of information relating to flooding and flood plain management.\n\t\t\tThe Plan shall be reviewed and updated by the Department on a regular basis, but at least once every five years, and for each of the items listed in provisions a through e, the plan shall state when that provision was last updated and when the next update is planned. The plan shall be maintained in an online format so as to be easily accessed by other government entities and by the public. The online plan shall contain links to the most current information available from other federal, state, and local sources. All agencies of the Commonwealth shall provide assistance to the Department upon request.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":204779,"text":"Serve as the coordinator of all flood protection programs and activities in the Commonwealth, including the coordination of federal flood protection programs administered by the United States Army Corps of Engineers, the United States Department of Agriculture, the Federal Emergency Management Agency, the United States Geological Survey, the Tennessee Valley Authority, other federal agencies and local governments.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":204780,"text":"Make available flood and flood damage reduction data to localities for planning purposes, in order to assure necessary local participation in the planning process and in the selection of desirable alternatives which will fulfill the intent of this article. This shall include the development of a data base to include (i) all flood protection projects implemented by federal agencies and (ii) the estimated value of property damaged by major floods.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":204781,"text":"Assist localities in their management of flood plain activities in cooperation with the Department of Housing and Community Development.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":204782,"text":"Carry out the provisions of this article in a manner which will ensure that the management of flood plains will preserve the capacity of the flood plain to carry and discharge a hundred year flood.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":204783,"text":"Make, in cooperation with localities, periodic inspections to determine the effectiveness of local flood plain management programs, including an evaluation of the enforcement of and compliance with local flood plain management ordinances, rules and regulations.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":204784,"text":"Coordinate with the United States Federal Emergency Management Agency to ensure current knowledge of the identification of flood-prone communities and of the status of applications made by localities to participate in the National Flood Insurance Program.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":204785,"text":"Establish guidelines which will meet minimum requirements of the National Flood Insurance Program in furtherance of the policy of the Commonwealth to assure that all citizens living in flood-prone areas may have the opportunity to indemnify themselves from flood losses through the purchase of flood insurance under the regular flood insurance program of the National Flood Insurance Act of 1968 as amended.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":204786,"text":"Subject to the provisions of the Appropriations Act, provide financial and technical assistance to localities in an amount not to exceed fifty percent of the nonfederal costs of flood protection projects.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":204787,"text":"Serve as the lead administrator for the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":204788,"text":"Implement the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":204789,"text":"Ensure that the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan are integrated.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11"}},"ancestry":[{"id":14494,"edition_id":1,"name":"Flood Damage Reduction Act","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12894,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":144273,"object_type":"structure","relational_id":14494,"identifier":"1","token":"10.1\/I\/6\/1","url":"\/10.1\/I\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12894,"edition_id":1,"name":"Flood Protection and Dam Safety","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12893,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":144271,"object_type":"structure","relational_id":12894,"identifier":"6","token":"10.1\/I\/6","url":"\/10.1\/I\/6\/","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":74913,"structure_id":14494,"section_number":"10.1-600","catch_line":"Definitions","url":"\/10.1-600\/","token":"10.1\/I\/6\/1\/10.1-600","metadata":false},{"id":73667,"structure_id":14494,"section_number":"10.1-601","catch_line":"Repealed","url":"\/10.1-601\/","token":"10.1\/I\/6\/1\/10.1-601","metadata":false},{"id":55899,"structure_id":14494,"section_number":"10.1-602","catch_line":"Powers and duties of Department","url":"\/10.1-602\/","token":"10.1\/I\/6\/1\/10.1-602","metadata":false},{"id":67028,"structure_id":14494,"section_number":"10.1-603","catch_line":"State agency compliance","url":"\/10.1-603\/","token":"10.1\/I\/6\/1\/10.1-603","metadata":false}],"previous_section":{"id":73667,"structure_id":14494,"section_number":"10.1-601","catch_line":"Repealed","url":"\/10.1-601\/","token":"10.1\/I\/6\/1\/10.1-601","metadata":false},"next_section":{"id":67028,"structure_id":14494,"section_number":"10.1-603","catch_line":"State agency compliance","url":"\/10.1-603\/","token":"10.1\/I\/6\/1\/10.1-603","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-602\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 310 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1981, chapter 315; in 1987, chapter 163; in 1988, chapter 891; in 1989, chapters 468 and 497; in 2015, chapters 172<\/a> and 251<\/a>; in 2022, chapters 494<\/a> and 495<\/a>.<\/p>","references":[{"id":61363,"section_number":"10.1-659","catch_line":"Flood protection programs; coordination","order_by":null,"url":"\/10.1-659\/"},{"id":58583,"section_number":"2.2-220.5","catch_line":"Chief Resilience Officer of the Commonwealth; Interagency Resilience Management Team","order_by":null,"url":"\/2.2-220.5\/"}],"refers_to":false,"permalink":{"id":144283,"object_type":"law","relational_id":55899,"identifier":"10.1-602","token":"10.1\/I\/6\/1\/10.1-602","url":"\/10.1-602\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-602\/","token":"10.1\/I\/6\/1\/10.1-602","dublin_core":{"Title":"Powers and duties of Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-602","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Department<\/span> shall:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Develop a Virginia Flood Protection Master Plan (the Plan) for the Commonwealth. This Plan shall be a place-specific plan for mitigating severe and repetitive flooding and shall, at a minimum, (i) base decision making on the best-available science; (ii) identify and address socioeconomic inequities and strive to enhance equity<\/span> through the adaptation and protection measures by considering all areas of recurrent flooding; (iii) recognize the importance of protecting and enhancing natural infrastructure and nature-based approaches to flood mitigation, when possible; (iv) utilize community and regional scale planning to the maximum extent possible, seeking region-specific approaches tailored to the needs of individual communities; and (v) include an understanding of fiscal realities and focus on cost-effective solutions for the protection and adaptation of communities, businesses, and critical infrastructure. The Plan shall include, at a minimum:\n\t\t\ta. An inventory of flood-prone areas<\/span>;\n\t\t\tb. An inventory of flood protection studies;\n\t\t\tc. A record of flood damages<\/span>;\n\t\t\td. Strategies to prevent or mitigate flood damage; and\n\t\t\te. The collection and distribution of information relating to flooding and flood plain<\/span> management.\n\t\t\tThe Plan shall be reviewed and updated by the Department<\/span> on a regular basis, but at least once every five years, and for each of the items listed in provisions a through e, the plan shall state when that provision was last updated and when the next update is planned. The plan shall be maintained in an online format so as to be easily accessed by other government entities and by the public. The online plan shall contain links to the most current information available from other federal, state, and local sources. All agencies of the Commonwealth shall provide assistance to the Department<\/span> upon request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Serve as the coordinator of all flood protection programs and activities in the Commonwealth, including the coordination of federal flood protection programs administered by the United States Army Corps of Engineers, the United States Department<\/span> of Agriculture, the Federal Emergency Management Agency, the United States Geological Survey, the Tennessee Valley Authority, other federal agencies and local governments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Make available flood and flood damage reduction data to localities for planning purposes, in order<\/span> to assure necessary local participation in the planning process and in the selection of desirable alternatives which will fulfill the intent<\/span> of this article. This shall include the development of a data base to include (i) all flood protection projects implemented by federal agencies and (ii) the estimated value of property damaged by major floods. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Assist localities in their management of flood plain<\/span> activities in cooperation with the Department<\/span> of Housing and Community Development. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Carry out the provisions of this article in a manner which will ensure that the management of flood plains<\/span> will preserve the capacity of the flood plain<\/span> to carry and discharge a hundred year flood<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Make, in cooperation with localities, periodic inspections to determine the effectiveness of local flood plain<\/span> management programs, including an evaluation of the enforcement of and compliance with local flood plain<\/span> management ordinances<\/span>, rules and regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Coordinate with the United States Federal Emergency Management Agency to ensure current knowledge of the identification of flood-prone communities and of the status of applications made by localities to participate in the National Flood Insurance Program<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Establish guidelines which will meet minimum requirements of the National Flood Insurance Program<\/span> in furtherance of the policy of the Commonwealth to assure that all citizens living in flood-prone areas<\/span> may have the opportunity to indemnify themselves from flood losses through the purchase of flood insurance under the regular flood insurance program<\/span> of the National Flood Insurance Act of 1968 as amended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Subject to the provisions of the Appropriations Act, provide financial and technical assistance to localities in an amount not to exceed fifty percent of the nonfederal costs<\/span> of flood protection projects. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Serve as the lead administrator for the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Implement the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Ensure that the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan are integrated. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF DEPARTMENT (\u00a7 10.1-602)\n\nThe Department shall:\n\n1. Develop a Virginia Flood Protection Master Plan (the Plan) for the\nCommonwealth. This Plan shall be a place-specific plan for mitigating severe and\nrepetitive flooding and shall, at a minimum, (i) base decision making on the\nbest-available science; (ii) identify and address socioeconomic inequities and\nstrive to enhance equity through the adaptation and protection measures by\nconsidering all areas of recurrent flooding; (iii) recognize the importance of\nprotecting and enhancing natural infrastructure and nature-based approaches to\nflood mitigation, when possible; (iv) utilize community and regional scale\nplanning to the maximum extent possible, seeking region-specific approaches\ntailored to the needs of individual communities; and (v) include an\nunderstanding of fiscal realities and focus on cost-effective solutions for the\nprotection and adaptation of communities, businesses, and critical\ninfrastructure. The Plan shall include, at a minimum:\n\t\t\ta. An inventory of flood-prone areas;\n\t\t\tb. An inventory of flood protection studies;\n\t\t\tc. A record of flood damages;\n\t\t\td. Strategies to prevent or mitigate flood damage; and\n\t\t\te. The collection and distribution of information relating to flooding and\nflood plain management.\n\t\t\tThe Plan shall be reviewed and updated by the Department on a regular basis,\nbut at least once every five years, and for each of the items listed in\nprovisions a through e, the plan shall state when that provision was last\nupdated and when the next update is planned. The plan shall be maintained in an\nonline format so as to be easily accessed by other government entities and by\nthe public. The online plan shall contain links to the most current information\navailable from other federal, state, and local sources. All agencies of the\nCommonwealth shall provide assistance to the Department upon request.\n\n2. Serve as the coordinator of all flood protection programs and activities in\nthe Commonwealth, including the coordination of federal flood protection\nprograms administered by the United States Army Corps of Engineers, the United\nStates Department of Agriculture, the Federal Emergency Management Agency, the\nUnited States Geological Survey, the Tennessee Valley Authority, other federal\nagencies and local governments.\n\n3. Make available flood and flood damage reduction data to localities for\nplanning purposes, in order to assure necessary local participation in the\nplanning process and in the selection of desirable alternatives which will\nfulfill the intent of this article. This shall include the development of a data\nbase to include (i) all flood protection projects implemented by federal\nagencies and (ii) the estimated value of property damaged by major floods.\n\n4. Assist localities in their management of flood plain activities in\ncooperation with the Department of Housing and Community Development.\n\n5. Carry out the provisions of this article in a manner which will ensure that\nthe management of flood plains will preserve the capacity of the flood plain to\ncarry and discharge a hundred year flood.\n\n6. Make, in cooperation with localities, periodic inspections to determine the\neffectiveness of local flood plain management programs, including an evaluation\nof the enforcement of and compliance with local flood plain management\nordinances, rules and regulations.\n\n7. Coordinate with the United States Federal Emergency Management Agency to\nensure current knowledge of the identification of flood-prone communities and of\nthe status of applications made by localities to participate in the National\nFlood Insurance Program.\n\n8. Establish guidelines which will meet minimum requirements of the National\nFlood Insurance Program in furtherance of the policy of the Commonwealth to\nassure that all citizens living in flood-prone areas may have the opportunity to\nindemnify themselves from flood losses through the purchase of flood insurance\nunder the regular flood insurance program of the National Flood Insurance Act of\n1968 as amended.\n\n9. Subject to the provisions of the Appropriations Act, provide financial and\ntechnical assistance to localities in an amount not to exceed fifty percent of\nthe nonfederal costs of flood protection projects.\n\n10. Serve as the lead administrator for the Virginia Coastal Resilience Master\nPlan and the Virginia Flood Protection Master Plan.\n\n11. Implement the Virginia Coastal Resilience Master Plan and the Virginia Flood\nProtection Master Plan.\n\n12. Ensure that the Virginia Coastal Resilience Master Plan and the Virginia\nFlood Protection Master Plan are integrated.\n\nHISTORY: 1977, c. 310, \u00a7 62.1-44.112; 1981, c. 315; 1987, c. 163; 1988, c. 891;\n1989, cc. 468, 497; 2015, cc. 172, 251; 2022, cc. 494, 495.","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}}