{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-604.html"}],"law_id":58286,"edition_id":1,"section_id":58286,"structure_id":12975,"section_number":"10.1-604","catch_line":" Definitions","history":"1982, c. 583, \u00a7 62.1-115.1; 1986, c. 9; 1988, c. 891; 2001, c. 92; 2006, c. 30; 2021, Sp. Sess. I, c. 387.","full_text":"As used in this article, unless the context requires a different meaning:\n\t\t“Alteration” means changes to an impounding structure that could alter or affect its structural integrity. Alterations include, but are not limited to, changing the height or otherwise enlarging the dam, increasing normal pool or principal spillway elevation or physical dimensions, changing the elevation or physical dimensions of the emergency spillway, conducting necessary repairs or structural maintenance, or removing the impounding structure.\n\t\t“Board” means the Soil and Water Conservation Board.\n\t\t“Construction” means the construction of a new impounding structure.\n\t\t“Dam break inundation zone” means the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam.\n\t\t“Height” means the structural height of a dam which is defined as the vertical distance from the natural bed of the stream or watercourse measured at the downstream toe of the dam to the top of the dam.\n\t\t“Impounding structure” means a man-made structure, whether a dam across a watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other materials. The term includes: (i) all dams that are twenty-five feet or greater in height and that create an impoundment capacity of fifteen acre-feet or greater, and (ii) all dams that are six feet or greater in height and that create an impoundment capacity of fifty acre-feet or greater. The term “impounding structure” shall not include: (a) dams licensed by the State Corporation Commission that are subject to a safety inspection program; (b) dams owned or licensed by the United States government; (c) dams operated primarily for agricultural purposes which are less than twenty-five feet in height or which create a maximum impoundment capacity smaller than 100 acre-feet; (d) water or silt retaining dams approved pursuant to \u00a7 45.2-618 or 45.2-1301; or (e) obstructions in a canal used to raise or lower water.\n\t\t“Owner” means the owner of the land on which a dam is situated, the holder of an easement permitting the construction of a dam and any person or entity agreeing to maintain a dam.\n\t\t“Watercourse” means a natural channel having a well-defined bed and banks and in which water normally flows.","order_by":null,"text":{"0":{"id":213534,"text":"As used in this article, unless the context requires a different meaning:\n\t\t“Alteration” means changes to an impounding structure that could alter or affect its structural integrity. Alterations include, but are not limited to, changing the height or otherwise enlarging the dam, increasing normal pool or principal spillway elevation or physical dimensions, changing the elevation or physical dimensions of the emergency spillway, conducting necessary repairs or structural maintenance, or removing the impounding structure.\n\t\t“Board” means the Soil and Water Conservation Board.\n\t\t“Construction” means the construction of a new impounding structure.\n\t\t“Dam break inundation zone” means the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam.\n\t\t“Height” means the structural height of a dam which is defined as the vertical distance from the natural bed of the stream or watercourse measured at the downstream toe of the dam to the top of the dam.\n\t\t“Impounding structure” means a man-made structure, whether a dam across a watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other materials. The term includes: (i) all dams that are twenty-five feet or greater in height and that create an impoundment capacity of fifteen acre-feet or greater, and (ii) all dams that are six feet or greater in height and that create an impoundment capacity of fifty acre-feet or greater. The term “impounding structure” shall not include: (a) dams licensed by the State Corporation Commission that are subject to a safety inspection program; (b) dams owned or licensed by the United States government; (c) dams operated primarily for agricultural purposes which are less than twenty-five feet in height or which create a maximum impoundment capacity smaller than 100 acre-feet; (d) water or silt retaining dams approved pursuant to \u00a7 45.2-618 or 45.2-1301; or (e) obstructions in a canal used to raise or lower water.\n\t\t“Owner” means the owner of the land on which a dam is situated, the holder of an easement permitting the construction of a dam and any person or entity agreeing to maintain a dam.\n\t\t“Watercourse” means a natural channel having a well-defined bed and banks and in which water normally flows.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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; Department to manage; Board to expend moneys; regulations","url":"\/10.1-611.1\/","token":"10.1\/I\/6\/2\/10.1-611.1","metadata":false},{"id":64937,"structure_id":12975,"section_number":"10.1-612","catch_line":"Technical Advisory Committee","url":"\/10.1-612\/","token":"10.1\/I\/6\/2\/10.1-612","metadata":false},{"id":67844,"structure_id":12975,"section_number":"10.1-612.1","catch_line":"Temporary stop work order; hearing; injunctive relief","url":"\/10.1-612.1\/","token":"10.1\/I\/6\/2\/10.1-612.1","metadata":false},{"id":72084,"structure_id":12975,"section_number":"10.1-613","catch_line":"Enforcement","url":"\/10.1-613\/","token":"10.1\/I\/6\/2\/10.1-613","metadata":false},{"id":67195,"structure_id":12975,"section_number":"10.1-613.1","catch_line":"Criminal penalties","url":"\/10.1-613.1\/","token":"10.1\/I\/6\/2\/10.1-613.1","metadata":false},{"id":73441,"structure_id":12975,"section_number":"10.1-613.2","catch_line":"Repealed","url":"\/10.1-613.2\/","token":"10.1\/I\/6\/2\/10.1-613.2","metadata":false},{"id":80653,"structure_id":12975,"section_number":"10.1-613.3","catch_line":"No liability of Board, Department, employees, or agents","url":"\/10.1-613.3\/","token":"10.1\/I\/6\/2\/10.1-613.3","metadata":false},{"id":58273,"structure_id":12975,"section_number":"10.1-613.4","catch_line":"Liability of owner or operator","url":"\/10.1-613.4\/","token":"10.1\/I\/6\/2\/10.1-613.4","metadata":false},{"id":79781,"structure_id":12975,"section_number":"10.1-613.5","catch_line":"Program administration fees; 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}],"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-604\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 583 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 1982 \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 1986, chapter 9; in 1988, chapter 891; in 2001, chapter 92<\/a>; in 2006, chapter 30<\/a>.<\/p>","references":[{"id":61461,"section_number":"10.1-603.16","catch_line":"Definitions","order_by":null,"url":"\/10.1-603.16\/"},{"id":73336,"section_number":"10.1-605.2","catch_line":"Certain regulations affecting impounding structures","order_by":null,"url":"\/10.1-605.2\/"},{"id":80418,"section_number":"10.1-609.1","catch_line":"Installation of IFLOWS gauges","order_by":null,"url":"\/10.1-609.1\/"},{"id":54419,"section_number":"10.1-611.1","catch_line":"Soil and Water Conservation District Dam Maintenance, Repair, and Rehabilitation Fund established; Department to manage; Board to expend moneys; regulations","order_by":null,"url":"\/10.1-611.1\/"},{"id":69771,"section_number":"15.2-2243.1","catch_line":"Payment by developer or subdivider","order_by":null,"url":"\/15.2-2243.1\/"},{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"},{"id":57387,"section_number":"62.1-105","catch_line":"Impoundment of diffused surface waters","order_by":null,"url":"\/62.1-105\/"},{"id":82341,"section_number":"62.1-106","catch_line":"When floodwaters may be captured and stored by riparian owners","order_by":null,"url":"\/62.1-106\/"},{"id":64181,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","order_by":null,"url":"\/62.1-44.15_21\/"}],"refers_to":[{"id":72308,"section_number":"45.2-1301","catch_line":" Dams and mine refuse piles; construction","order_by":null,"url":"\/45.2-1301\/"},{"id":74952,"section_number":"45.2-618","catch_line":" Design and construction of retaining dam or mine refuse impoundment; designs and other data to be submitted to Chief","order_by":null,"url":"\/45.2-618\/"}],"permalink":{"id":144447,"object_type":"law","relational_id":58286,"identifier":"10.1-604","token":"10.1\/I\/6\/2\/10.1-604","url":"\/10.1-604\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-604\/","token":"10.1\/I\/6\/2\/10.1-604","dublin_core":{"Title":" Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article, unless the context requires a different meaning:\n\t\t“Alteration<\/span>” means changes to an impounding structure<\/span> that could alter or affect its structural integrity. Alterations<\/span> include, but are not limited to, changing the height<\/span> or otherwise enlarging the dam, increasing normal pool or principal spillway elevation or physical dimensions, changing the elevation or physical dimensions of the emergency spillway, conducting necessary repairs or structural maintenance, or removing the impounding structure<\/span>.\n\t\t“Board<\/span>” means the Soil and Water Conservation Board<\/span>.\n\t\t“Construction<\/span>” means the construction<\/span> of a new impounding structure<\/span>.\n\t\t“Dam break inundation zone<\/span>” means the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam.\n\t\t“Height<\/span>” means the structural height<\/span> of a dam which is defined as the vertical distance from the natural bed of the stream or watercourse<\/span> measured at the downstream toe of the dam to the top of the dam.\n\t\t“Impounding structure<\/span>” means a man-made structure, whether a dam across a watercourse<\/span> or other structure outside a watercourse<\/span>, used or to be used to retain or store waters or other materials<\/span>. The term includes: (i) all dams that are twenty-five feet or greater in height<\/span> and that create an impoundment capacity of fifteen acre-feet or greater, and (ii) all dams that are six feet or greater in height<\/span> and that create an impoundment capacity of fifty acre-feet or greater. The term “impounding structure<\/span>” shall not include: (a) dams licensed by the State Corporation Commission that are subject to a safety inspection program; (b) dams owned or licensed by the United States government; (c) dams operated primarily for agricultural purposes which are less than twenty-five feet in height<\/span> or which create a maximum impoundment capacity smaller than 100 acre-feet; (d) water or silt retaining dams approved pursuant to \u00a7 45.2-618<\/a> or 45.2-1301<\/a>; or (e) obstructions in a canal used to raise or lower water.\n\t\t“Owner<\/span>” means the owner<\/span> of the land on which a dam is situated, the holder of an easement permitting the construction<\/span> of a dam and any person or entity agreeing to maintain a dam.\n\t\t“Watercourse<\/span>” means a natural channel having a well-defined bed and banks and in which water normally flows.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n DEFINITIONS (\u00a7 10.1-604)\n\nAs used in this article, unless the context requires a different meaning:\n\t\t“Alteration” means changes to an impounding structure that could\nalter or affect its structural integrity. Alterations include, but are not\nlimited to, changing the height or otherwise enlarging the dam, increasing\nnormal pool or principal spillway elevation or physical dimensions, changing the\nelevation or physical dimensions of the emergency spillway, conducting necessary\nrepairs or structural maintenance, or removing the impounding structure.\n\t\t“Board” means the Soil and Water Conservation Board.\n\t\t“Construction” means the construction of a new impounding\nstructure.\n\t\t“Dam break inundation zone” means the area downstream of a dam\nthat would be inundated or otherwise directly affected by the failure of a dam.\n\t\t“Height” means the structural height of a dam which is defined as\nthe vertical distance from the natural bed of the stream or watercourse measured\nat the downstream toe of the dam to the top of the dam.\n\t\t“Impounding structure” means a man-made structure, whether a dam\nacross a watercourse or other structure outside a watercourse, used or to be\nused to retain or store waters or other materials. The term includes: (i) all\ndams that are twenty-five feet or greater in height and that create an\nimpoundment capacity of fifteen acre-feet or greater, and (ii) all dams that are\nsix feet or greater in height and that create an impoundment capacity of fifty\nacre-feet or greater. The term “impounding structure” shall not\ninclude: (a) dams licensed by the State Corporation Commission that are subject\nto a safety inspection program; (b) dams owned or licensed by the United States\ngovernment; (c) dams operated primarily for agricultural purposes which are less\nthan twenty-five feet in height or which create a maximum impoundment capacity\nsmaller than 100 acre-feet; (d) water or silt retaining dams approved pursuant\nto \u00a7 45.2-618 or 45.2-1301; or (e) obstructions in a canal used to raise or\nlower water.\n\t\t“Owner” means the owner of the land on which a dam is situated,\nthe holder of an easement permitting the construction of a dam and any person or\nentity agreeing to maintain a dam.\n\t\t“Watercourse” means a natural channel having a well-defined bed\nand banks and in which water normally flows.\n\nHISTORY: 1982, c. 583, \u00a7 62.1-115.1; 1986, c. 9; 1988, c. 891; 2001, c. 92;\n2006, c. 30; 2021, Sp. Sess. I, c. 387.","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}}