{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-608.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-608.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-608.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-608.html"}],"law_id":77589,"edition_id":1,"section_id":77589,"structure_id":12975,"section_number":"10.1-608","catch_line":"Unsafe dams presenting imminent danger","history":"1982, c. 583, \u00a7 62.1-115.5; 1986, c. 9; 1988, c. 891; 2025, cc. 228, 241.","full_text":"When the Director determines that an unsafe dam constitutes an imminent danger to life or property, he shall immediately notify the Department of Emergency Management and the local emergency management coordinator for the locality where the dam is located and confer with the owner. The owner of a dam found to constitute an imminent danger to life or property shall take immediate corrective action. If the owner does not take appropriate and timely action to correct the danger found, the Governor shall have the authority to take immediate appropriate action, without the necessity for a hearing, to remove the imminent danger. Upon receiving authority from the Governor to take such immediate appropriate action, the Department shall notify the locality in which the dam is located. If such locality is able and agrees to take appropriate and timely action to minimize the imminent danger on behalf of the Department, the Director may issue an administrative order to the locality defining the actions the locality is authorized to undertake on behalf of the Department and the terms and conditions applicable to the delegated actions. The Attorney General may bring an action against the owner of the impounding structure for the Commonwealth’s expenses in removing the imminent danger. There shall be a lien upon the owner’s real estate for the Commonwealth’s expenses in removing the imminent danger. The owner may avoid the Commonwealth’s costs, and recover any damages, upon proving that the dam was known to be safe at the time such action was taken, and that the owner had provided or offered to immediately provide such proof to the Director before the action complained of was taken. Nothing herein shall in any way limit any authority existing under the Emergency Services and Disaster Law (\u00a7 44-146.13 et seq.).","order_by":null,"text":{"0":{"id":278360,"text":"When the Director determines that an unsafe dam constitutes an imminent danger to life or property, he shall immediately notify the Department of Emergency Management and the local emergency management coordinator for the locality where the dam is located and confer with the owner. The owner of a dam found to constitute an imminent danger to life or property shall take immediate corrective action. If the owner does not take appropriate and timely action to correct the danger found, the Governor shall have the authority to take immediate appropriate action, without the necessity for a hearing, to remove the imminent danger. Upon receiving authority from the Governor to take such immediate appropriate action, the Department shall notify the locality in which the dam is located. If such locality is able and agrees to take appropriate and timely action to minimize the imminent danger on behalf of the Department, the Director may issue an administrative order to the locality defining the actions the locality is authorized to undertake on behalf of the Department and the terms and conditions applicable to the delegated actions. The Attorney General may bring an action against the owner of the impounding structure for the Commonwealth’s expenses in removing the imminent danger. There shall be a lien upon the owner’s real estate for the Commonwealth’s expenses in removing the imminent danger. The owner may avoid the Commonwealth’s costs, and recover any damages, upon proving that the dam was known to be safe at the time such action was taken, and that the owner had provided or offered to immediately provide such proof to the Director before the action complained of was taken. Nothing herein shall in any way limit any authority existing under the Emergency Services and Disaster Law (\u00a7 44-146.13 et seq.).","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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-608\/","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 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 9; in 1988, chapter 891; 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":71315,"section_number":"10.1-607","catch_line":"Safety inspections","order_by":null,"url":"\/10.1-607\/"},{"id":68429,"section_number":"10.1-607.1","catch_line":"Criteria for designating a dam as unsafe","order_by":null,"url":"\/10.1-607.1\/"},{"id":79781,"section_number":"10.1-613.5","catch_line":"Program administration fees; establishment of Dam Safety Administrative Fund","order_by":null,"url":"\/10.1-613.5\/"}],"refers_to":[{"id":83808,"section_number":"44-146.13","catch_line":"Short title","order_by":null,"url":"\/44-146.13\/"}],"permalink":{"id":144499,"object_type":"law","relational_id":77589,"identifier":"10.1-608","token":"10.1\/I\/6\/2\/10.1-608","url":"\/10.1-608\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-608\/","token":"10.1\/I\/6\/2\/10.1-608","dublin_core":{"Title":"Unsafe dams presenting imminent danger","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-608","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When the Director<\/span> determines that an unsafe dam constitutes an imminent danger to life or property, he shall immediately notify the Department<\/span> of Emergency Management and the local emergency management coordinator for the locality where the dam is located and confer with the owner<\/span>. The owner<\/span> of a dam found to constitute an imminent danger to life or property shall take immediate corrective action. If the owner<\/span> does not take appropriate and timely action to correct the danger found, the Governor shall have the authority to take immediate appropriate action, without the necessity for a hearing<\/span>, to remove the imminent danger. Upon receiving authority from the Governor to take such immediate appropriate action, the Department<\/span> shall notify the locality in which the dam is located. If such locality is able and agrees to take appropriate and timely action to minimize the imminent danger on behalf of the Department<\/span>, the Director<\/span> may issue<\/span> an administrative order<\/span> to the locality defining the actions the locality is authorized to undertake on behalf of the Department<\/span> and the terms and conditions applicable to the delegated actions. The Attorney General<\/span> may bring an action against the owner<\/span> of the impounding structure<\/span> for the Commonwealth’s expenses in removing the imminent danger. There shall be a lien<\/span> upon the owner<\/span>’s real estate for the Commonwealth’s expenses in removing the imminent danger. The owner<\/span> may avoid the Commonwealth’s costs, and recover any damages<\/span>, upon proving that the dam was known to be safe at the time such action was taken, and that the owner<\/span> had provided or offered to immediately provide such proof to the Director<\/span> before the action complained of was taken. Nothing herein shall in any way limit any authority existing under the Emergency Services and Disaster Law<\/span> (\u00a7 44-146.13<\/a> et seq.).<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNSAFE DAMS PRESENTING IMMINENT DANGER (\u00a7 10.1-608)\n\nWhen the Director determines that an unsafe dam constitutes an imminent danger\nto life or property, he shall immediately notify the Department of Emergency\nManagement and the local emergency management coordinator for the locality where\nthe dam is located and confer with the owner. The owner of a dam found to\nconstitute an imminent danger to life or property shall take immediate\ncorrective action. If the owner does not take appropriate and timely action to\ncorrect the danger found, the Governor shall have the authority to take\nimmediate appropriate action, without the necessity for a hearing, to remove the\nimminent danger. Upon receiving authority from the Governor to take such\nimmediate appropriate action, the Department shall notify the locality in which\nthe dam is located. If such locality is able and agrees to take appropriate and\ntimely action to minimize the imminent danger on behalf of the Department, the\nDirector may issue an administrative order to the locality defining the actions\nthe locality is authorized to undertake on behalf of the Department and the\nterms and conditions applicable to the delegated actions. The Attorney General\nmay bring an action against the owner of the impounding structure for the\nCommonwealth’s expenses in removing the imminent danger. There shall be a\nlien upon the owner’s real estate for the Commonwealth’s expenses in\nremoving the imminent danger. The owner may avoid the Commonwealth’s\ncosts, and recover any damages, upon proving that the dam was known to be safe\nat the time such action was taken, and that the owner had provided or offered to\nimmediately provide such proof to the Director before the action complained of\nwas taken. Nothing herein shall in any way limit any authority existing under\nthe Emergency Services and Disaster Law (\u00a7 44-146.13 et seq.).\n\nHISTORY: 1982, c. 583, \u00a7 62.1-115.5; 1986, c. 9; 1988, c. 891; 2025, cc. 228,\n241.","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}}