{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-603.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-603.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-603.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-603.html"}],"law_id":67028,"edition_id":1,"section_id":67028,"structure_id":14494,"section_number":"10.1-603","catch_line":"State agency compliance","history":"1977, c. 310, \u00a7 62.1-44.108; 1988, c. 891; 1989, cc. 468, 497; 2023, cc. 762, 777.","full_text":"A\n\nAll agencies and departments of the Commonwealth shall comply with the following when undertaking development activities, including the construction or rehabilitation of buildings and structures, on state-owned property located in a flood plain:1\n\nAdhere to all local flood plain management regulations as defined in § 10.1-600; or2\n\nReceive formal approval from the Department regarding compliance with the applicable state standard for development in a flood plain, provided that such standard does not jeopardize a locality’s participation in the National Flood Insurance Program.B\n\nCompliance with the provisions of subsection A shall be documented and provided in the form of a permit by the Department to the applicant prior to preliminary design approval of a project by the Department of General Services, if such approval by the Department of General Services is otherwise applicable. If any changes are made to the preliminary design during the review conducted by the Department of General Services, the Department of General Services will coordinate with the Department to ensure the permit issued is still appropriate.C\n\nA permit may be issued by the Department if no feasible alternative to development in a flood plain exists. However, such permit shall be issued only if:1\n\nIssuing the permit will not result in increased flood heights in excess of the state standard, additional threats to public safety, or extraordinary public expense;2\n\nThe development activities, including the construction or rehabilitation of a building or structure, is demonstrated to be a functionally dependent use, such as water treatment facilities, boat houses, fish hatcheries, or other similar uses;3\n\nThe facility is historic and requires repair or rehabilitation and it has been demonstrated that the proposed repair or rehabilitation will not preclude the facility’s continued designation as a historic structure and the permit is the minimum necessary to preserve the historic character and design of the facility; or4\n\nThe development activity is demonstrated to be necessary to protect public health, safety, and welfare.D\n\nIf the Department does not issue a permit for a project, the Department of General Services shall not approve such project.E\n\nThe Department shall provide all permits in writing to the applicant and the locality and shall maintain all documentation associated with permits issued by the Department in perpetuity.F\n\nThe Department may enter into a memorandum of understanding with a state agency to outline procedures and processes to review proposed development activities, including the construction or rehabilitation of buildings and structures, on state-owned property located in a flood plain. A memorandum of understanding with a state agency may also establish alternative approvals and processes for compliance with the applicable state standard pursuant to subsection A. Alternative approvals and processes may include the development and issuance of permits by the Department for certain eligible activities.","order_by":null,"text":{"0":{"id":242933,"text":"All agencies and departments of the Commonwealth shall comply with the following when undertaking development activities, including the construction or rehabilitation of buildings and structures, on state-owned property located in a flood plain:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":242934,"text":"Adhere to all local flood plain management regulations as defined in § 10.1-600; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":242935,"text":"Receive formal approval from the Department regarding compliance with the applicable state standard for development in a flood plain, provided that such standard does not jeopardize a locality’s participation in the National Flood Insurance Program.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":242936,"text":"Compliance with the provisions of subsection A shall be documented and provided in the form of a permit by the Department to the applicant prior to preliminary design approval of a project by the Department of General Services, if such approval by the Department of General Services is otherwise applicable. If any changes are made to the preliminary design during the review conducted by the Department of General Services, the Department of General Services will coordinate with the Department to ensure the permit issued is still appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":242937,"text":"A permit may be issued by the Department if no feasible alternative to development in a flood plain exists. However, such permit shall be issued only if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"5":{"id":242938,"text":"Issuing the permit will not result in increased flood heights in excess of the state standard, additional threats to public safety, or extraordinary public expense;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":242939,"text":"The development activities, including the construction or rehabilitation of a building or structure, is demonstrated to be a functionally dependent use, such as water treatment facilities, boat houses, fish hatcheries, or other similar uses;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"7":{"id":242940,"text":"The facility is historic and requires repair or rehabilitation and it has been demonstrated that the proposed repair or rehabilitation will not preclude the facility’s continued designation as a historic structure and the permit is the minimum necessary to preserve the historic character and design of the facility; or","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"8":{"id":242941,"text":"The development activity is demonstrated to be necessary to protect public health, safety, and welfare.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"9":{"id":242942,"text":"If the Department does not issue a permit for a project, the Department of General Services shall not approve such project.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"10":{"id":242943,"text":"The Department shall provide all permits in writing to the applicant and the locality and shall maintain all documentation associated with permits issued by the Department in perpetuity.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":242944,"text":"The Department may enter into a memorandum of understanding with a state agency to outline procedures and processes to review proposed development activities, including the construction or rehabilitation of buildings and structures, on state-owned property located in a flood plain. A memorandum of understanding with a state agency may also establish alternative approvals and processes for compliance with the applicable state standard pursuant to subsection A. Alternative approvals and processes may include the development and issuance of permits by the Department for certain eligible activities.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-603\/","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 3 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 1988, chapter 891; in 1989, chapters 468 and 497; in 2023, chapters 762<\/a> and 777<\/a>.<\/p>","references":false,"refers_to":[{"id":74913,"section_number":"10.1-600","catch_line":"Definitions","order_by":null,"url":"\/10.1-600\/"}],"permalink":{"id":144287,"object_type":"law","relational_id":67028,"identifier":"10.1-603","token":"10.1\/I\/6\/1\/10.1-603","url":"\/10.1-603\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-603\/","token":"10.1\/I\/6\/1\/10.1-603","dublin_core":{"Title":"State agency compliance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-603","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All agencies and departments<\/span> of the Commonwealth shall comply with the following when undertaking development activities, including the construction or rehabilitation of buildings and structures, on state-owned property located in a flood plain<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Adhere to all local flood plain management regulations<\/span> as defined in § 10.1-600<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Receive formal approval from the Department<\/span> regarding compliance with the applicable state standard for development in a flood plain, provided that such standard does not jeopardize a locality<\/span>’s participation in the National Flood Insurance Program<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Compliance with the provisions of subsection A shall be documented and provided in the form of a permit by the Department<\/span> to the applicant prior to preliminary design approval of a project by the Department<\/span> of General Services, if such approval by the Department<\/span> of General Services is otherwise applicable. If any changes are made to the preliminary design during the review conducted by the Department<\/span> of General Services, the Department<\/span> of General Services will coordinate with the Department<\/span> to ensure the permit issued is still appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A permit may be issued by the Department<\/span> if no feasible alternative to development in a flood plain exists. However, such permit shall be issued only if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Issuing the permit will not result in increased flood heights in excess of the state standard, additional threats to public safety, or extraordinary public expense; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The development activities, including the construction or rehabilitation of a building or structure, is demonstrated to be a functionally dependent use, such as water treatment facilities, boat houses, fish hatcheries, or other similar uses; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The facility is historic and requires repair or rehabilitation and it has been demonstrated that the proposed repair or rehabilitation will not preclude the facility’s continued designation as a historic structure and the permit is the minimum necessary to preserve the historic character and design of the facility; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The development activity is demonstrated to be necessary to protect public health, safety, and welfare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the Department<\/span> does not issue<\/span> a permit for a project, the Department<\/span> of General Services shall not approve such project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department<\/span> shall provide all permits in writing to the applicant and the locality<\/span> and shall maintain all documentation associated with permits issued by the Department<\/span> in perpetuity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department<\/span> may enter into a memorandum<\/span> of understanding with a state agency to outline procedures and processes to review proposed development activities, including the construction or rehabilitation of buildings and structures, on state-owned property located in a flood plain. A memorandum<\/span> of understanding with a state agency may also establish alternative approvals and processes for compliance with the applicable state standard pursuant to subsection A. Alternative approvals and processes may include the development and issuance of permits by the Department<\/span> for certain eligible activities. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE AGENCY COMPLIANCE (\u00a7 10.1-603)\n\nA. All agencies and departments of the Commonwealth shall comply with the\nfollowing when undertaking development activities, including the construction or\nrehabilitation of buildings and structures, on state-owned property located in a\nflood plain:\n\n 1. Adhere to all local flood plain management regulations as defined in §\n 10.1-600; or\n\n 2. Receive formal approval from the Department regarding compliance with the\n applicable state standard for development in a flood plain, provided that such\n standard does not jeopardize a locality’s participation in the National\n Flood Insurance Program.\n\nB. Compliance with the provisions of subsection A shall be documented and\nprovided in the form of a permit by the Department to the applicant prior to\npreliminary design approval of a project by the Department of General Services,\nif such approval by the Department of General Services is otherwise applicable.\nIf any changes are made to the preliminary design during the review conducted by\nthe Department of General Services, the Department of General Services will\ncoordinate with the Department to ensure the permit issued is still appropriate.\n\nC. A permit may be issued by the Department if no feasible alternative to\ndevelopment in a flood plain exists. However, such permit shall be issued only\nif:\n\n 1. Issuing the permit will not result in increased flood heights in excess of\n the state standard, additional threats to public safety, or extraordinary\n public expense;\n\n 2. The development activities, including the construction or rehabilitation of\n a building or structure, is demonstrated to be a functionally dependent use,\n such as water treatment facilities, boat houses, fish hatcheries, or other\n similar uses;\n\n 3. The facility is historic and requires repair or rehabilitation and it has\n been demonstrated that the proposed repair or rehabilitation will not preclude\n the facility’s continued designation as a historic structure and the\n permit is the minimum necessary to preserve the historic character and design\n of the facility; or\n\n 4. The development activity is demonstrated to be necessary to protect public\n health, safety, and welfare.\n\nD. If the Department does not issue a permit for a project, the Department of\nGeneral Services shall not approve such project.\n\nE. The Department shall provide all permits in writing to the applicant and the\nlocality and shall maintain all documentation associated with permits issued by\nthe Department in perpetuity.\n\nF. The Department may enter into a memorandum of understanding with a state\nagency to outline procedures and processes to review proposed development\nactivities, including the construction or rehabilitation of buildings and\nstructures, on state-owned property located in a flood plain. A memorandum of\nunderstanding with a state agency may also establish alternative approvals and\nprocesses for compliance with the applicable state standard pursuant to\nsubsection A. Alternative approvals and processes may include the development\nand issuance of permits by the Department for certain eligible activities.\n\nHISTORY: 1977, c. 310, \u00a7 62.1-44.108; 1988, c. 891; 1989, cc. 468, 497; 2023,\ncc. 762, 777.","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}}