{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-604.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-604.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-604.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-604.1.html"}],"law_id":54062,"edition_id":1,"section_id":54062,"structure_id":12975,"section_number":"10.1-604.1","catch_line":"Determination of hazard potential classification","history":"2011, c. 637; 2025, cc. 228, 241.","full_text":"A\n\nThe hazard potential classification for an impounding structure shall be determined by one of the following procedures:1\n\nThe owner of an impounding structure that does not currently hold a regular or conditional certificate from the Board or general permit in accordance with § 10.1-605.3, or the owner of an impounding structure that is already under certificate or general permit in accordance with § 10.1-605.3 but the owner believes that a condition has changed downstream of the impounding structure that may reduce its hazard potential classification, may request that the Department conduct a simplified dam break inundation zone analysis to determine whether the impounding structure has a low hazard potential classification. The owner shall pay 50 percent of the cost of the analysis. If the Department finds that the impounding structure has a low hazard potential classification, the owner shall be eligible for general permit coverage in accordance with § 10.1-605.3. If the Department finds that the impounding structure appears to be a high or significant hazard potential structure, the owner’s engineer shall provide further analysis in accordance with § 10.1-606.2 and the criteria set out in the Impounding Structure Regulations (4VAC50-20). The owner may be eligible for grant assistance in accordance with § 10.1-603.19.2\n\nThe owner may propose a hazard potential classification that shall be subject to approval by the Board. To support the proposed hazard classification, an analysis shall be conducted by the owner’s engineer and shall comply with the criteria set out in the Impounding Structure Regulations (4VAC50-20). If the engineer finds that the impounding structure has a low hazard potential classification, the owner shall be eligible for general permit coverage in accordance with § 10.1-605.3.\n\t\t\t\tAn impounding structure’s hazard potential classification’s determination shall include an analysis of those hazards created by flood and nonflood dam failures. In conducting the hazard potential classification, the Department or the owner’s engineer may utilize an incremental damage analysis. When considering the failure of the impounding structure under a flood condition, such engineers shall only consider those hazards that exceed those created by the flood event.B\n\nAny owner aggrieved by a decision of the Department regarding his impounding structure shall have the right to judicial review of the final decision pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).C\n\nThe Board may adopt regulations in accordance with § 10.1-605 to establish a simplified methodology for dam break inundation zone analysis.","order_by":null,"text":{"0":{"id":198450,"text":"The hazard potential classification for an impounding structure shall be determined by one of the following procedures:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":198451,"text":"The owner of an impounding structure that does not currently hold a regular or conditional certificate from the Board or general permit in accordance with § 10.1-605.3, or the owner of an impounding structure that is already under certificate or general permit in accordance with § 10.1-605.3 but the owner believes that a condition has changed downstream of the impounding structure that may reduce its hazard potential classification, may request that the Department conduct a simplified dam break inundation zone analysis to determine whether the impounding structure has a low hazard potential classification. The owner shall pay 50 percent of the cost of the analysis. If the Department finds that the impounding structure has a low hazard potential classification, the owner shall be eligible for general permit coverage in accordance with § 10.1-605.3. If the Department finds that the impounding structure appears to be a high or significant hazard potential structure, the owner’s engineer shall provide further analysis in accordance with § 10.1-606.2 and the criteria set out in the Impounding Structure Regulations (4VAC50-20). The owner may be eligible for grant assistance in accordance with § 10.1-603.19.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":198452,"text":"The owner may propose a hazard potential classification that shall be subject to approval by the Board. To support the proposed hazard classification, an analysis shall be conducted by the owner’s engineer and shall comply with the criteria set out in the Impounding Structure Regulations (4VAC50-20). If the engineer finds that the impounding structure has a low hazard potential classification, the owner shall be eligible for general permit coverage in accordance with § 10.1-605.3.\n\t\t\t\tAn impounding structure’s hazard potential classification’s determination shall include an analysis of those hazards created by flood and nonflood dam failures. In conducting the hazard potential classification, the Department or the owner’s engineer may utilize an incremental damage analysis. When considering the failure of the impounding structure under a flood condition, such engineers shall only consider those hazards that exceed those created by the flood event.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":198453,"text":"Any owner aggrieved by a decision of the Department regarding his impounding structure shall have the right to judicial review of the final decision pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":198454,"text":"The Board may adopt regulations in accordance with § 10.1-605 to establish a simplified methodology for dam break inundation zone analysis.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":12975,"edition_id":1,"name":"Dam Safety Act","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12894,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":144445,"object_type":"structure","relational_id":12975,"identifier":"2","token":"10.1\/I\/6\/2","url":"\/10.1\/I\/6\/2\/","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":58286,"structure_id":12975,"section_number":"10.1-604","catch_line":" Definitions","url":"\/10.1-604\/","token":"10.1\/I\/6\/2\/10.1-604","metadata":false},{"id":54062,"structure_id":12975,"section_number":"10.1-604.1","catch_line":"Determination of hazard potential classification","url":"\/10.1-604.1\/","token":"10.1\/I\/6\/2\/10.1-604.1","metadata":false},{"id":56867,"structure_id":12975,"section_number":"10.1-605","catch_line":"Promulgation of regulations by the Board; guidance document","url":"\/10.1-605\/","token":"10.1\/I\/6\/2\/10.1-605","metadata":false},{"id":82106,"structure_id":12975,"section_number":"10.1-605.1","catch_line":"Delegation of powers and duties","url":"\/10.1-605.1\/","token":"10.1\/I\/6\/2\/10.1-605.1","metadata":false},{"id":73336,"structure_id":12975,"section_number":"10.1-605.2","catch_line":"Certain regulations affecting impounding structures","url":"\/10.1-605.2\/","token":"10.1\/I\/6\/2\/10.1-605.2","metadata":false},{"id":58996,"structure_id":12975,"section_number":"10.1-605.3","catch_line":"General permit for certain impounding structures","url":"\/10.1-605.3\/","token":"10.1\/I\/6\/2\/10.1-605.3","metadata":false},{"id":69664,"structure_id":12975,"section_number":"10.1-606","catch_line":"Local advisory committee","url":"\/10.1-606\/","token":"10.1\/I\/6\/2\/10.1-606","metadata":false},{"id":54840,"structure_id":12975,"section_number":"10.1-606.1","catch_line":"Repealed","url":"\/10.1-606.1\/","token":"10.1\/I\/6\/2\/10.1-606.1","metadata":false},{"id":79423,"structure_id":12975,"section_number":"10.1-606.2","catch_line":"Mapping of dam break inundation zones","url":"\/10.1-606.2\/","token":"10.1\/I\/6\/2\/10.1-606.2","metadata":false},{"id":81394,"structure_id":12975,"section_number":"10.1-606.3","catch_line":"Requirement for development in dam break inundation zones","url":"\/10.1-606.3\/","token":"10.1\/I\/6\/2\/10.1-606.3","metadata":false},{"id":87482,"structure_id":12975,"section_number":"10.1-606.4","catch_line":"Notice to the public","url":"\/10.1-606.4\/","token":"10.1\/I\/6\/2\/10.1-606.4","metadata":false},{"id":71315,"structure_id":12975,"section_number":"10.1-607","catch_line":"Safety inspections","url":"\/10.1-607\/","token":"10.1\/I\/6\/2\/10.1-607","metadata":false},{"id":68429,"structure_id":12975,"section_number":"10.1-607.1","catch_line":"Criteria for designating a dam as unsafe","url":"\/10.1-607.1\/","token":"10.1\/I\/6\/2\/10.1-607.1","metadata":false},{"id":77589,"structure_id":12975,"section_number":"10.1-608","catch_line":"Unsafe dams presenting imminent danger","url":"\/10.1-608\/","token":"10.1\/I\/6\/2\/10.1-608","metadata":false},{"id":79239,"structure_id":12975,"section_number":"10.1-609","catch_line":"Unsafe dams presenting nonimminent danger; civil penalty","url":"\/10.1-609\/","token":"10.1\/I\/6\/2\/10.1-609","metadata":false},{"id":80418,"structure_id":12975,"section_number":"10.1-609.1","catch_line":"Installation of IFLOWS gauges","url":"\/10.1-609.1\/","token":"10.1\/I\/6\/2\/10.1-609.1","metadata":false},{"id":83779,"structure_id":12975,"section_number":"10.1-609.2","catch_line":"Prohibited vegetation; certain wetland vegetation allowed","url":"\/10.1-609.2\/","token":"10.1\/I\/6\/2\/10.1-609.2","metadata":false},{"id":60640,"structure_id":12975,"section_number":"10.1-610","catch_line":"Right of entry","url":"\/10.1-610\/","token":"10.1\/I\/6\/2\/10.1-610","metadata":false},{"id":65885,"structure_id":12975,"section_number":"10.1-610.1","catch_line":"Monitoring progress of work","url":"\/10.1-610.1\/","token":"10.1\/I\/6\/2\/10.1-610.1","metadata":false},{"id":63179,"structure_id":12975,"section_number":"10.1-611","catch_line":"Dam safety coordination","url":"\/10.1-611\/","token":"10.1\/I\/6\/2\/10.1-611","metadata":false},{"id":54419,"structure_id":12975,"section_number":"10.1-611.1","catch_line":"Soil and Water Conservation District Dam Maintenance, Repair, and Rehabilitation Fund established; 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establishment of Dam Safety Administrative Fund","url":"\/10.1-613.5\/","token":"10.1\/I\/6\/2\/10.1-613.5","metadata":false},{"id":77193,"structure_id":12975,"section_number":"10.1-613.6","catch_line":"Negotiated settlement agreements","url":"\/10.1-613.6\/","token":"10.1\/I\/6\/2\/10.1-613.6","metadata":false}],"previous_section":{"id":58286,"structure_id":12975,"section_number":"10.1-604","catch_line":" Definitions","url":"\/10.1-604\/","token":"10.1\/I\/6\/2\/10.1-604","metadata":false},"next_section":{"id":56867,"structure_id":12975,"section_number":"10.1-605","catch_line":"Promulgation of regulations by the Board; guidance document","url":"\/10.1-605\/","token":"10.1\/I\/6\/2\/10.1-605","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-604.1\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapter 637<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2025, chapters 228<\/a> and 241<\/a>.<\/p>","references":[{"id":58996,"section_number":"10.1-605.3","catch_line":"General permit for certain impounding structures","order_by":null,"url":"\/10.1-605.3\/"}],"refers_to":[{"id":56867,"section_number":"10.1-605","catch_line":"Promulgation of regulations by the Board; guidance document","order_by":null,"url":"\/10.1-605\/"},{"id":58996,"section_number":"10.1-605.3","catch_line":"General permit for certain impounding structures","order_by":null,"url":"\/10.1-605.3\/"},{"id":79423,"section_number":"10.1-606.2","catch_line":"Mapping of dam break inundation zones","order_by":null,"url":"\/10.1-606.2\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":144451,"object_type":"law","relational_id":54062,"identifier":"10.1-604.1","token":"10.1\/I\/6\/2\/10.1-604.1","url":"\/10.1-604.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-604.1\/","token":"10.1\/I\/6\/2\/10.1-604.1","dublin_core":{"Title":"Determination of hazard potential classification","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-604.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The hazard potential classification for an impounding structure<\/span> shall be determined by one of the following procedures: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The owner<\/span> of an impounding structure<\/span> that does not currently hold a regular or conditional certificate from the Board<\/span> or general permit in accordance with § 10.1-605.3<\/a>, or the owner<\/span> of an impounding structure<\/span> that is already under certificate or general permit in accordance with § 10.1-605.3<\/a> but the owner<\/span> believes that a condition has changed downstream of the impounding structure<\/span> that may reduce its hazard potential classification, may request that the Department<\/span> conduct a simplified dam break inundation zone<\/span> analysis to determine whether the impounding structure<\/span> has a low hazard potential classification. The owner<\/span> shall pay 50 percent of the cost of the analysis. If the Department<\/span> finds that the impounding structure<\/span> has a low hazard potential classification, the owner<\/span> shall be eligible for general permit coverage in accordance with § 10.1-605.3<\/a>. If the Department<\/span> finds that the impounding structure<\/span> appears to be a high or significant hazard potential structure, the owner<\/span>’s engineer shall provide further analysis in accordance with § 10.1-606.2<\/a> and the criteria set out in the Impounding Structure<\/span> Regulations (4VAC50-20). The owner<\/span> may be eligible for grant assistance in accordance with § 10.1-603.19<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The owner<\/span> may propose a hazard potential classification that shall be subject to approval by the Board<\/span>. To support the proposed hazard classification, an analysis shall be conducted by the owner<\/span>’s engineer and shall comply with the criteria set out in the Impounding Structure<\/span> Regulations (4VAC50-20). If the engineer finds that the impounding structure<\/span> has a low hazard potential classification, the owner<\/span> shall be eligible for general permit coverage in accordance with § 10.1-605.3<\/a>.\n\t\t\t\tAn impounding structure<\/span>’s hazard potential classification’s determination shall include an analysis of those hazards created by flood and nonflood dam failures. In conducting the hazard potential classification, the Department<\/span> or the owner<\/span>’s engineer may utilize an incremental damage analysis. When considering the failure of the impounding structure<\/span> under a flood condition, such engineers shall only consider those hazards that exceed those created by the flood event. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any owner<\/span> aggrieved by a decision of the Department<\/span> regarding his impounding structure<\/span> shall have the right to judicial review of the final decision pursuant to the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> may adopt regulations in accordance with § 10.1-605<\/a> to establish a simplified methodology for dam break inundation zone<\/span> analysis. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF HAZARD POTENTIAL CLASSIFICATION (\u00a7 10.1-604.1)\n\nA. The hazard potential classification for an impounding structure shall be\ndetermined by one of the following procedures:\n\n 1. The owner of an impounding structure that does not currently hold a regular\n or conditional certificate from the Board or general permit in accordance with\n § 10.1-605.3, or the owner of an impounding structure that is already\n under certificate or general permit in accordance with § 10.1-605.3 but\n the owner believes that a condition has changed downstream of the impounding\n structure that may reduce its hazard potential classification, may request\n that the Department conduct a simplified dam break inundation zone analysis to\n determine whether the impounding structure has a low hazard potential\n classification. The owner shall pay 50 percent of the cost of the analysis. If\n the Department finds that the impounding structure has a low hazard potential\n classification, the owner shall be eligible for general permit coverage in\n accordance with § 10.1-605.3. If the Department finds that the impounding\n structure appears to be a high or significant hazard potential structure, the\n owner’s engineer shall provide further analysis in accordance with\n § 10.1-606.2 and the criteria set out in the Impounding Structure\n Regulations (4VAC50-20). The owner may be eligible for grant assistance in\n accordance with § 10.1-603.19.\n\n 2. The owner may propose a hazard potential classification that shall be\n subject to approval by the Board. To support the proposed hazard\n classification, an analysis shall be conducted by the owner’s engineer\n and shall comply with the criteria set out in the Impounding Structure\n Regulations (4VAC50-20). If the engineer finds that the impounding structure\n has a low hazard potential classification, the owner shall be eligible for\n general permit coverage in accordance with § 10.1-605.3.\n \t\t\t\tAn impounding structure’s hazard potential classification’s\n determination shall include an analysis of those hazards created by flood and\n nonflood dam failures. In conducting the hazard potential classification, the\n Department or the owner’s engineer may utilize an incremental damage\n analysis. When considering the failure of the impounding structure under a\n flood condition, such engineers shall only consider those hazards that exceed\n those created by the flood event.\n\nB. Any owner aggrieved by a decision of the Department regarding his impounding\nstructure shall have the right to judicial review of the final decision pursuant\nto the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).\n\nC. The Board may adopt regulations in accordance with § 10.1-605 to\nestablish a simplified methodology for dam break inundation zone analysis.\n\nHISTORY: 2011, c. 637; 2025, cc. 228, 241.","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}}