{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-606.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-606.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-606.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-606.3.html"}],"law_id":81394,"edition_id":1,"section_id":81394,"structure_id":12975,"section_number":"10.1-606.3","catch_line":"Requirement for development in dam break inundation zones","history":"2008, c. 491; 2021, Sp. Sess. I, c. 532; 2025, cc. 228, 241.","full_text":"A\n\nFor any development proposed within the boundaries of a dam break inundation zone that has been mapped in accordance with § 10.1-606.2, the locality shall, as part of a preliminary plan review pursuant to § 15.2-2260, or as part of a plan review pursuant to § 15.2-2259 if no preliminary review has been conducted, (i) review the dam break inundation zone map or the limits of the dam break inundation zone on file with the locality for the affected impounding structure, (ii) notify the dam owner, and (iii) within 10 days forward a request to the Department of Conservation and Recreation to make a determination of the potential impacts of the proposed development on the spillway design flood standards required of the dam. The Department shall notify the dam owner and the locality of its determination within 45 days of the receipt of the request. Upon receipt of the Department’s determination, the locality shall complete the review in accordance with § 15.2-2259 or 15.2-2260. If a locality has not received a determination within 45 days of the Department’s receipt of the request, the Department shall be deemed to have no comments, and the locality shall complete its review. Such inaction by the Department shall not affect the Board’s authority to regulate the impounding structure in accordance with this article.\n\t\t\tIf the Department determines that the plan of development would change the spillway design flood standards of the impounding structure, the locality shall not permit development as defined in § 15.2-2201 or redevelopment in the dam break inundation zone unless the developer or subdivider agrees to alter the plan of development so that it does not alter the spillway design flood standard required of the impounding structure or he contributes payment to the necessary upgrades to the affected impounding structure pursuant to § 15.2-2243.1.\n\t\t\tThe developer or subdivider shall provide the dam owner and all affected localities with information necessary for the dam owner to update the dam break inundation zone map to reflect any new development within the dam break inundation zone following completion of the development.\n\t\t\tThe requirements of this subsection shall not apply to any development proposed downstream of a dam for which a dam break inundation zone map is not on file with or the limits of the dam break inundation zone have not been provided to the locality as of the time of the official submission of a development plan to the locality.B\n\nThe locality is authorized to map the dam break inundation zone in accordance with criteria set out in the Virginia Impounding Structure Regulations (4VAC50-20) and recover the costs of such mapping from the owner of an impounding structure for which a dam break inundation zone map is not on file with or the limits of the dam break inundation zone have not been provided to the locality and a map has not been prepared by the impounding structure owner.C\n\nThis section shall not be construed to supersede or conflict with the authority granted to the Department of Energy for the regulation of mineral extraction activities in the Commonwealth as set out in Title 45.2. Nothing in this section shall be interpreted to permit the impairment of a vested right in accordance with § 15.2-2307.","order_by":null,"text":{"0":{"id":291663,"text":"For any development proposed within the boundaries of a dam break inundation zone that has been mapped in accordance with § 10.1-606.2, the locality shall, as part of a preliminary plan review pursuant to § 15.2-2260, or as part of a plan review pursuant to § 15.2-2259 if no preliminary review has been conducted, (i) review the dam break inundation zone map or the limits of the dam break inundation zone on file with the locality for the affected impounding structure, (ii) notify the dam owner, and (iii) within 10 days forward a request to the Department of Conservation and Recreation to make a determination of the potential impacts of the proposed development on the spillway design flood standards required of the dam. The Department shall notify the dam owner and the locality of its determination within 45 days of the receipt of the request. Upon receipt of the Department’s determination, the locality shall complete the review in accordance with § 15.2-2259 or 15.2-2260. If a locality has not received a determination within 45 days of the Department’s receipt of the request, the Department shall be deemed to have no comments, and the locality shall complete its review. Such inaction by the Department shall not affect the Board’s authority to regulate the impounding structure in accordance with this article.\n\t\t\tIf the Department determines that the plan of development would change the spillway design flood standards of the impounding structure, the locality shall not permit development as defined in § 15.2-2201 or redevelopment in the dam break inundation zone unless the developer or subdivider agrees to alter the plan of development so that it does not alter the spillway design flood standard required of the impounding structure or he contributes payment to the necessary upgrades to the affected impounding structure pursuant to § 15.2-2243.1.\n\t\t\tThe developer or subdivider shall provide the dam owner and all affected localities with information necessary for the dam owner to update the dam break inundation zone map to reflect any new development within the dam break inundation zone following completion of the development.\n\t\t\tThe requirements of this subsection shall not apply to any development proposed downstream of a dam for which a dam break inundation zone map is not on file with or the limits of the dam break inundation zone have not been provided to the locality as of the time of the official submission of a development plan to the locality.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291664,"text":"The locality is authorized to map the dam break inundation zone in accordance with criteria set out in the Virginia Impounding Structure Regulations (4VAC50-20) and recover the costs of such mapping from the owner of an impounding structure for which a dam break inundation zone map is not on file with or the limits of the dam break inundation zone have not been provided to the locality and a map has not been prepared by the impounding structure owner.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":291665,"text":"This section shall not be construed to supersede or conflict with the authority granted to the Department of Energy for the regulation of mineral extraction activities in the Commonwealth as set out in Title 45.2. Nothing in this section shall be interpreted to permit the impairment of a vested right in accordance with § 15.2-2307.","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; 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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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-606.3\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapter 491<\/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\/"},{"id":69771,"section_number":"15.2-2243.1","catch_line":"Payment by developer or subdivider","order_by":null,"url":"\/15.2-2243.1\/"}],"refers_to":[{"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":77758,"section_number":"15.2-2201","catch_line":"Definitions","order_by":null,"url":"\/15.2-2201\/"},{"id":69771,"section_number":"15.2-2243.1","catch_line":"Payment by developer or subdivider","order_by":null,"url":"\/15.2-2243.1\/"},{"id":57717,"section_number":"15.2-2259","catch_line":"Designated agent to act on proposed final plat","order_by":null,"url":"\/15.2-2259\/"},{"id":66152,"section_number":"15.2-2260","catch_line":"Localities may provide for submission of preliminary subdivision plats; how long valid","order_by":null,"url":"\/15.2-2260\/"},{"id":56409,"section_number":"15.2-2307","catch_line":"Vested rights not impaired; nonconforming uses","order_by":null,"url":"\/15.2-2307\/"}],"permalink":{"id":144483,"object_type":"law","relational_id":81394,"identifier":"10.1-606.3","token":"10.1\/I\/6\/2\/10.1-606.3","url":"\/10.1-606.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-606.3\/","token":"10.1\/I\/6\/2\/10.1-606.3","dublin_core":{"Title":"Requirement for development in dam break inundation zones","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-606.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For any development proposed within the boundaries of a dam break inundation zone<\/span> that has been mapped in accordance with § 10.1-606.2<\/a>, the locality shall, as part of a preliminary plan review pursuant to § 15.2-2260<\/a>, or as part of a plan review pursuant to § 15.2-2259<\/a> if no preliminary review has been conducted, (i) review the dam break inundation zone<\/span> map or the limits of the dam break inundation zone<\/span> on file with the locality for the affected impounding structure<\/span>, (ii) notify the dam owner<\/span>, and (iii) within 10 days forward a request to the Department<\/span> of Conservation and Recreation to make a determination of the potential impacts of the proposed development on the spillway design flood standards required of the dam. The Department<\/span> shall notify the dam owner<\/span> and the locality of its determination within 45 days of the receipt of the request. Upon receipt of the Department<\/span>’s determination, the locality shall complete the review in accordance with § 15.2-2259<\/a> or 15.2-2260<\/a>. If a locality has not received a determination within 45 days of the Department<\/span>’s receipt of the request, the Department<\/span> shall be deemed to have no comments, and the locality shall complete its review. Such inaction by the Department<\/span> shall not affect the Board<\/span>’s authority to regulate the impounding structure<\/span> in accordance with this article.\n\t\t\tIf the Department<\/span> determines that the plan of development would change the spillway design flood standards of the impounding structure<\/span>, the locality shall not permit development as defined in § 15.2-2201<\/a> or redevelopment in the dam break inundation zone<\/span> unless the developer or subdivider agrees to alter the plan of development so that it does not alter the spillway design flood standard required of the impounding structure<\/span> or he contributes payment to the necessary upgrades to the affected impounding structure<\/span> pursuant to § 15.2-2243.1<\/a>.\n\t\t\tThe developer or subdivider shall provide the dam owner<\/span> and all affected localities with information necessary for the dam owner<\/span> to update the dam break inundation zone<\/span> map to reflect any new development within the dam break inundation zone<\/span> following completion of the development.\n\t\t\tThe requirements of this subsection shall not apply to any development proposed downstream of a dam for which a dam break inundation zone<\/span> map is not on file with or the limits of the dam break inundation zone<\/span> have not been provided to the locality as of the time of the official submission of a development plan to the locality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The locality is authorized to map the dam break inundation zone<\/span> in accordance with criteria set out in the Virginia Impounding Structure<\/span> Regulations (4VAC50-20) and recover the costs of such mapping from the owner<\/span> of an impounding structure<\/span> for which a dam break inundation zone<\/span> map is not on file with or the limits of the dam break inundation zone<\/span> have not been provided to the locality and a map has not been prepared by the impounding structure<\/span> owner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall not be construed to supersede or conflict with the authority granted to the Department<\/span> of Energy for the regulation of mineral extraction activities in the Commonwealth as set out in Title 45.2. Nothing in this section shall be interpreted to permit the impairment of a vested right in accordance with § 15.2-2307<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREQUIREMENT FOR DEVELOPMENT IN DAM BREAK INUNDATION ZONES (\u00a7 10.1-606.3)\n\nA. For any development proposed within the boundaries of a dam break inundation\nzone that has been mapped in accordance with § 10.1-606.2, the locality\nshall, as part of a preliminary plan review pursuant to § 15.2-2260, or as\npart of a plan review pursuant to § 15.2-2259 if no preliminary review has\nbeen conducted, (i) review the dam break inundation zone map or the limits of\nthe dam break inundation zone on file with the locality for the affected\nimpounding structure, (ii) notify the dam owner, and (iii) within 10 days\nforward a request to the Department of Conservation and Recreation to make a\ndetermination of the potential impacts of the proposed development on the\nspillway design flood standards required of the dam. The Department shall notify\nthe dam owner and the locality of its determination within 45 days of the\nreceipt of the request. Upon receipt of the Department’s determination,\nthe locality shall complete the review in accordance with § 15.2-2259 or\n15.2-2260. If a locality has not received a determination within 45 days of the\nDepartment’s receipt of the request, the Department shall be deemed to\nhave no comments, and the locality shall complete its review. Such inaction by\nthe Department shall not affect the Board’s authority to regulate the\nimpounding structure in accordance with this article.\n\t\t\tIf the Department determines that the plan of development would change the\nspillway design flood standards of the impounding structure, the locality shall\nnot permit development as defined in § 15.2-2201 or redevelopment in the\ndam break inundation zone unless the developer or subdivider agrees to alter the\nplan of development so that it does not alter the spillway design flood standard\nrequired of the impounding structure or he contributes payment to the necessary\nupgrades to the affected impounding structure pursuant to § 15.2-2243.1.\n\t\t\tThe developer or subdivider shall provide the dam owner and all affected\nlocalities with information necessary for the dam owner to update the dam break\ninundation zone map to reflect any new development within the dam break\ninundation zone following completion of the development.\n\t\t\tThe requirements of this subsection shall not apply to any development\nproposed downstream of a dam for which a dam break inundation zone map is not on\nfile with or the limits of the dam break inundation zone have not been provided\nto the locality as of the time of the official submission of a development plan\nto the locality.\n\nB. The locality is authorized to map the dam break inundation zone in accordance\nwith criteria set out in the Virginia Impounding Structure Regulations\n(4VAC50-20) and recover the costs of such mapping from the owner of an\nimpounding structure for which a dam break inundation zone map is not on file\nwith or the limits of the dam break inundation zone have not been provided to\nthe locality and a map has not been prepared by the impounding structure owner.\n\nC. This section shall not be construed to supersede or conflict with the\nauthority granted to the Department of Energy for the regulation of mineral\nextraction activities in the Commonwealth as set out in Title 45.2. Nothing in\nthis section shall be interpreted to permit the impairment of a vested right in\naccordance with § 15.2-2307.\n\nHISTORY: 2008, c. 491; 2021, Sp. Sess. I, c. 532; 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}}