{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-605.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-605.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-605.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-605.3.html"}],"law_id":58996,"edition_id":1,"section_id":58996,"structure_id":12975,"section_number":"10.1-605.3","catch_line":"General permit for certain impounding structures","history":"2011, c. 637; 2025, cc. 228, 241.","full_text":"A\n\nThe Board shall develop a general permit for the regulation of low hazard potential impounding structures in accordance with § 10.1-605.B\n\nThe regulations shall include the following:1\n\nA registration statement requiring:\n\t\t\t\ta. The name and address of the owner;\n\t\t\t\tb. The location of the impounding structure;\n\t\t\t\tc. The height of the impounding structure;\n\t\t\t\td. The volume of water impounded;\n\t\t\t\te. The results of a safety inspection conducted by a licensed professional engineer consistent with § 10.1-607 upon initial application for a permit or, for a newly constructed impounding structure, a complete records report as required in the Impounding Structure Regulations (4VAC50-20-70) for a construction permit; and\n\t\t\t\tf. A certification from the owner that the impounding structure (i) is classified as low hazard pursuant to a determination by the Department or the owner’s professional engineer in accordance with § 10.1-604.1; (ii) is, to the best of his knowledge, properly and safely constructed; (iii) currently has no observable deficiencies or, if deficiencies exist, such deficiencies shall be corrected in a timeframe and manner acceptable by the Department; and (iv) shall be maintained and operated in accordance with the provisions of the general permit.2\n\nA spillway design flood requirement of the 100-year flood. When no critical infrastructure, as defined in § 44-146.28:2, public highway, or any access to a public utility, as defined in § 56-232, is determined to be within the dam break inundation zone, the spillway design flood requirement may be reduced to the 50-year flood if approved by the Department.3\n\nA simplified emergency preparedness plan that provides:\n\t\t\t\ta. Name and location information for the impounding structure;\n\t\t\t\tb. Name of owner and operator and associated contact information;\n\t\t\t\tc. Contact information for relevant emergency responders;\n\t\t\t\td. Procedures for notifying downstream property owners or occupants; and\n\t\t\t\te. Identification of any downstream roadways that would be impacted by a failure.4\n\nAn annual inspection of the impounding structure by the owner. No inspection of the impounding structure by a licensed professional engineer shall be required if the owner certifies at the time of general permit coverage renewal that conditions at the impounding structure and downstream are unchanged.5\n\nProcedures for seeking and issuing coverage under the general permit.6\n\nA six-year term of coverage under the general permit after which time the owner shall reapply for coverage by filing a new registration statement. The Board may, by regulation, establish a fee for the processing of registration statements.C\n\nThe owner shall notify the Department immediately of any change in circumstances that would cause the impounding structure to no longer qualify for coverage under the general permit. In the event of a failure or an imminent failure at the impounding structure, the owner shall immediately notify the local emergency management coordinator, the Department of Emergency Management, and the Department. The Department shall take actions in accordance with § 10.1-608 or 10.1-609, depending on the degree of hazard and the imminence of failure caused by the unsafe condition.D\n\nFailure to comply with the provisions of the general permit may result in penalties assessed in accordance with §§ 10.1-609 and 10.1-613.1.E\n\nIn order to qualify for the protections of § 10.1-606.3, a dam owner eligible for a general permit shall file a dam break inundation zone map with or provide the limits of the inundation study in an acceptable electronic format to the Department. The dam owner shall also file such dam break inundation zone map or such limits of the inundation zone in an acceptable electronic format with the offices with plat and plan approval authority or zoning responsibilities as designated by the locality and the local emergency management coordinator as designated by the locality for each locality in which the dam break inundation zone resides in accordance with § 10.1-606.2.F\n\nThe Board may establish reduced minimum performance and maintenance standards in a general permit for a low hazard potential impounding structure that is not expected to cause loss of human life or economic damage to any property except property owned by the owner if such impounding structure fails.","order_by":null,"text":{"0":{"id":216297,"text":"The Board shall develop a general permit for the regulation of low hazard potential impounding structures in accordance with § 10.1-605.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216298,"text":"The regulations shall include the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":216299,"text":"A registration statement requiring:\n\t\t\t\ta. The name and address of the owner;\n\t\t\t\tb. The location of the impounding structure;\n\t\t\t\tc. The height of the impounding structure;\n\t\t\t\td. The volume of water impounded;\n\t\t\t\te. The results of a safety inspection conducted by a licensed professional engineer consistent with § 10.1-607 upon initial application for a permit or, for a newly constructed impounding structure, a complete records report as required in the Impounding Structure Regulations (4VAC50-20-70) for a construction permit; and\n\t\t\t\tf. A certification from the owner that the impounding structure (i) is classified as low hazard pursuant to a determination by the Department or the owner’s professional engineer in accordance with § 10.1-604.1; (ii) is, to the best of his knowledge, properly and safely constructed; (iii) currently has no observable deficiencies or, if deficiencies exist, such deficiencies shall be corrected in a timeframe and manner acceptable by the Department; and (iv) shall be maintained and operated in accordance with the provisions of the general permit.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":216300,"text":"A spillway design flood requirement of the 100-year flood. When no critical infrastructure, as defined in § 44-146.28:2, public highway, or any access to a public utility, as defined in § 56-232, is determined to be within the dam break inundation zone, the spillway design flood requirement may be reduced to the 50-year flood if approved by the Department.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":216301,"text":"A simplified emergency preparedness plan that provides:\n\t\t\t\ta. Name and location information for the impounding structure;\n\t\t\t\tb. Name of owner and operator and associated contact information;\n\t\t\t\tc. Contact information for relevant emergency responders;\n\t\t\t\td. Procedures for notifying downstream property owners or occupants; and\n\t\t\t\te. Identification of any downstream roadways that would be impacted by a failure.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":216302,"text":"An annual inspection of the impounding structure by the owner. No inspection of the impounding structure by a licensed professional engineer shall be required if the owner certifies at the time of general permit coverage renewal that conditions at the impounding structure and downstream are unchanged.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":216303,"text":"Procedures for seeking and issuing coverage under the general permit.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":216304,"text":"A six-year term of coverage under the general permit after which time the owner shall reapply for coverage by filing a new registration statement. The Board may, by regulation, establish a fee for the processing of registration statements.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":216305,"text":"The owner shall notify the Department immediately of any change in circumstances that would cause the impounding structure to no longer qualify for coverage under the general permit. In the event of a failure or an imminent failure at the impounding structure, the owner shall immediately notify the local emergency management coordinator, the Department of Emergency Management, and the Department. The Department shall take actions in accordance with § 10.1-608 or 10.1-609, depending on the degree of hazard and the imminence of failure caused by the unsafe condition.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"D"},"9":{"id":216306,"text":"Failure to comply with the provisions of the general permit may result in penalties assessed in accordance with §§ 10.1-609 and 10.1-613.1.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":216307,"text":"In order to qualify for the protections of § 10.1-606.3, a dam owner eligible for a general permit shall file a dam break inundation zone map with or provide the limits of the inundation study in an acceptable electronic format to the Department. The dam owner shall also file such dam break inundation zone map or such limits of the inundation zone in an acceptable electronic format with the offices with plat and plan approval authority or zoning responsibilities as designated by the locality and the local emergency management coordinator as designated by the locality for each locality in which the dam break inundation zone resides in accordance with § 10.1-606.2.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":216308,"text":"The Board may establish reduced minimum performance and maintenance standards in a general permit for a low hazard potential impounding structure that is not expected to cause loss of human life or economic damage to any property except property owned by the owner if such impounding structure fails.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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; 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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":86471,"section_number":"10.1-603.19","catch_line":"Purposes for which Fund is to be used; Authority to set terms and conditions of loans","order_by":null,"url":"\/10.1-603.19\/"},{"id":54062,"section_number":"10.1-604.1","catch_line":"Determination of hazard potential classification","order_by":null,"url":"\/10.1-604.1\/"}],"refers_to":[{"id":54062,"section_number":"10.1-604.1","catch_line":"Determination of hazard potential classification","order_by":null,"url":"\/10.1-604.1\/"},{"id":81394,"section_number":"10.1-606.3","catch_line":"Requirement for development in dam break inundation zones","order_by":null,"url":"\/10.1-606.3\/"},{"id":71315,"section_number":"10.1-607","catch_line":"Safety inspections","order_by":null,"url":"\/10.1-607\/"},{"id":77589,"section_number":"10.1-608","catch_line":"Unsafe dams presenting imminent danger","order_by":null,"url":"\/10.1-608\/"},{"id":79239,"section_number":"10.1-609","catch_line":"Unsafe dams presenting nonimminent danger; civil penalty","order_by":null,"url":"\/10.1-609\/"},{"id":86962,"section_number":"44-146.28:2","catch_line":"Disaster relief assistance by out-of-state businesses and employees","order_by":null,"url":"\/44-146.28_2\/"},{"id":75233,"section_number":"56-232","catch_line":"Public utility and schedules defined","order_by":null,"url":"\/56-232\/"}],"permalink":{"id":144467,"object_type":"law","relational_id":58996,"identifier":"10.1-605.3","token":"10.1\/I\/6\/2\/10.1-605.3","url":"\/10.1-605.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-605.3\/","token":"10.1\/I\/6\/2\/10.1-605.3","dublin_core":{"Title":"General permit for certain impounding structures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-605.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall develop a general permit for the regulation of low hazard potential impounding structures<\/span> in accordance with § 10.1-605<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The regulations shall include the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A registration statement requiring:\n\t\t\t\ta. The name and address of the owner<\/span>;\n\t\t\t\tb. The location of the impounding structure<\/span>;\n\t\t\t\tc. The height<\/span> of the impounding structure<\/span>;\n\t\t\t\td. The volume of water impounded;\n\t\t\t\te. The results of a safety inspection conducted by a licensed professional engineer consistent with § 10.1-607<\/a> upon initial application for a permit or, for a newly constructed impounding structure<\/span>, a complete records report as required in the Impounding Structure<\/span> Regulations (4VAC50-20-70) for a construction<\/span> permit; and\n\t\t\t\tf. A certification from the owner<\/span> that the impounding structure<\/span> (i) is classified as low hazard pursuant to a determination by the Department<\/span> or the owner<\/span>’s professional engineer in accordance with § 10.1-604.1<\/a>; (ii) is, to the best of his knowledge, properly and safely constructed; (iii) currently has no observable deficiencies or, if deficiencies exist, such deficiencies shall be corrected in a timeframe and manner acceptable by the Department<\/span>; and (iv) shall be maintained and operated in accordance with the provisions of the general permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A spillway design flood requirement of the 100-year flood. When no critical infrastructure, as defined in § 44-146.28:2<\/a>, public highway, or any access to a public utility, as defined in § 56-232<\/a>, is determined to be within the dam break inundation zone<\/span>, the spillway design flood requirement may be reduced to the 50-year flood if approved by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A simplified emergency preparedness plan that provides:\n\t\t\t\ta. Name and location information for the impounding structure<\/span>;\n\t\t\t\tb. Name of owner<\/span> and operator and associated contact information;\n\t\t\t\tc. Contact information for relevant emergency responders;\n\t\t\t\td. Procedures for notifying downstream property owners<\/span> or occupants; and\n\t\t\t\te. Identification of any downstream roadways that would be impacted by a failure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An annual inspection of the impounding structure<\/span> by the owner<\/span>. No inspection of the impounding structure<\/span> by a licensed professional engineer shall be required if the owner<\/span> certifies at the time of general permit coverage renewal that conditions at the impounding structure<\/span> and downstream are unchanged. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Procedures for seeking and issuing coverage under the general permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> A six-year term of coverage under the general permit after which time the owner<\/span> shall reapply for coverage by filing a new registration statement. The Board<\/span> may, by regulation, establish a fee for the processing of registration statements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The owner<\/span> shall notify the Department<\/span> immediately of any change in circumstances that would cause the impounding structure<\/span> to no longer qualify for coverage under the general permit. In the event of a failure or an imminent failure at the impounding structure<\/span>, the owner<\/span> shall immediately notify the local emergency management coordinator, the Department<\/span> of Emergency Management, and the Department<\/span>. The Department<\/span> shall take actions in accordance with § 10.1-608<\/a> or 10.1-609<\/a>, depending on the degree of hazard and the imminence of failure caused by the unsafe condition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Failure to comply with the provisions of the general permit may result in penalties assessed in accordance with §§ 10.1-609<\/a> and 10.1-613.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In order<\/span> to qualify for the protections of § 10.1-606.3<\/a>, a dam owner<\/span> eligible for a general permit shall file a dam break inundation zone<\/span> map with or provide the limits of the inundation study in an acceptable electronic format to the Department<\/span>. The dam owner<\/span> shall also file such dam break inundation zone<\/span> map or such limits of the inundation zone in an acceptable electronic format with the offices with plat and plan approval authority or zoning responsibilities as designated by the locality and the local emergency management coordinator as designated by the locality for each locality in which the dam break inundation zone<\/span> resides in accordance with § 10.1-606.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Board<\/span> may establish reduced minimum performance and maintenance standards in a general permit for a low hazard potential impounding structure<\/span> that is not expected to cause loss of human life or economic damage to any property except property owned by the owner<\/span> if such impounding structure<\/span> fails. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGENERAL PERMIT FOR CERTAIN IMPOUNDING STRUCTURES (\u00a7 10.1-605.3)\n\nA. The Board shall develop a general permit for the regulation of low hazard\npotential impounding structures in accordance with § 10.1-605.\n\nB. The regulations shall include the following:\n\n 1. A registration statement requiring:\n \t\t\t\ta. The name and address of the owner;\n \t\t\t\tb. The location of the impounding structure;\n \t\t\t\tc. The height of the impounding structure;\n \t\t\t\td. The volume of water impounded;\n \t\t\t\te. The results of a safety inspection conducted by a licensed professional\n engineer consistent with § 10.1-607 upon initial application for a permit\n or, for a newly constructed impounding structure, a complete records report as\n required in the Impounding Structure Regulations (4VAC50-20-70) for a\n construction permit; and\n \t\t\t\tf. A certification from the owner that the impounding structure (i) is\n classified as low hazard pursuant to a determination by the Department or the\n owner’s professional engineer in accordance with § 10.1-604.1; (ii)\n is, to the best of his knowledge, properly and safely constructed; (iii)\n currently has no observable deficiencies or, if deficiencies exist, such\n deficiencies shall be corrected in a timeframe and manner acceptable by the\n Department; and (iv) shall be maintained and operated in accordance with the\n provisions of the general permit.\n\n 2. A spillway design flood requirement of the 100-year flood. When no critical\n infrastructure, as defined in § 44-146.28:2, public highway, or any\n access to a public utility, as defined in § 56-232, is determined to be\n within the dam break inundation zone, the spillway design flood requirement\n may be reduced to the 50-year flood if approved by the Department.\n\n 3. A simplified emergency preparedness plan that provides:\n \t\t\t\ta. Name and location information for the impounding structure;\n \t\t\t\tb. Name of owner and operator and associated contact information;\n \t\t\t\tc. Contact information for relevant emergency responders;\n \t\t\t\td. Procedures for notifying downstream property owners or occupants; and\n \t\t\t\te. Identification of any downstream roadways that would be impacted by a\n failure.\n\n 4. An annual inspection of the impounding structure by the owner. No\n inspection of the impounding structure by a licensed professional engineer\n shall be required if the owner certifies at the time of general permit\n coverage renewal that conditions at the impounding structure and downstream\n are unchanged.\n\n 5. Procedures for seeking and issuing coverage under the general permit.\n\n 6. A six-year term of coverage under the general permit after which time the\n owner shall reapply for coverage by filing a new registration statement. The\n Board may, by regulation, establish a fee for the processing of registration\n statements.\n\nC. The owner shall notify the Department immediately of any change in\ncircumstances that would cause the impounding structure to no longer qualify for\ncoverage under the general permit. In the event of a failure or an imminent\nfailure at the impounding structure, the owner shall immediately notify the\nlocal emergency management coordinator, the Department of Emergency Management,\nand the Department. The Department shall take actions in accordance with §\n10.1-608 or 10.1-609, depending on the degree of hazard and the imminence of\nfailure caused by the unsafe condition.\n\nD. Failure to comply with the provisions of the general permit may result in\npenalties assessed in accordance with §§ 10.1-609 and 10.1-613.1.\n\nE. In order to qualify for the protections of § 10.1-606.3, a dam owner\neligible for a general permit shall file a dam break inundation zone map with or\nprovide the limits of the inundation study in an acceptable electronic format to\nthe Department. The dam owner shall also file such dam break inundation zone map\nor such limits of the inundation zone in an acceptable electronic format with\nthe offices with plat and plan approval authority or zoning responsibilities as\ndesignated by the locality and the local emergency management coordinator as\ndesignated by the locality for each locality in which the dam break inundation\nzone resides in accordance with § 10.1-606.2.\n\nF. The Board may establish reduced minimum performance and maintenance standards\nin a general permit for a low hazard potential impounding structure that is not\nexpected to cause loss of human life or economic damage to any property except\nproperty owned by the owner if such impounding structure fails.\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}}