{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-609.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-609.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-609.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-609.html"}],"law_id":79239,"edition_id":1,"section_id":79239,"structure_id":12975,"section_number":"10.1-609","catch_line":"Unsafe dams presenting nonimminent danger; civil penalty","history":"1982, c. 583, \u00a7 62.1-115.6; 1986, cc. 9, 615; 1988, c. 891; 1999, c. 110; 2006, c. 30; 2010, c. 270; 2025, cc. 228, 241.","full_text":"A\n\nWithin 30 days after completion of a safety inspection of an impounding structure by the dam owner’s licensed professional engineer in accordance with § 10.1-607, the owner shall submit to the Board a plan, consistent with regulations adopted pursuant to § 10.1-605, to address the recommendations for correcting any deficiencies found at the impounding structure and shall include a schedule for implementing such recommendations. The Board shall determine if the submitted plan and schedule are sufficient to address the deficiencies. If an owner fails or refuses to commence or diligently implement the recommendations for correction of deficiencies according to the schedule contained in the plan, the Director shall have the authority to issue an administrative order directing the owner to commence implementation and completion of such recommendations according to the schedule contained in the plan with modifications as appropriate. Such order may include a civil penalty of up to $500 per day, with the maximum amount not to exceed $25,000. The civil penalty may be in addition to, or in lieu of, any other forfeitures, remedies, or penalties authorized by law. When setting the civil penalty amount, the Director shall consider (i) the nature, duration, and number of previous instances of failure by the dam owner to comply with requirements of law relating to dam safety and the Board’s regulations and orders; (ii) the efforts of the dam owner to correct deficiencies or other instances of failure to comply with the requirements of law relating to dam safety and the Board’s regulations and orders that are the subject of the proposed penalty; (iii) the cost of carrying out actions required to meet the requirements of this article and the Board’s regulations and orders; (iv) the hazard classification of the dam; and (v) any other factors that the Department deems appropriate. The Director shall suspend the civil penalties if the dam owner complies with the administrative order and any conditions in the schedule of compliance contained in such order.B\n\nWithin 30 days after being served by personal service or by mail with a copy of an order issued pursuant to this section, any owner shall have the right to petition the Board for a hearing. A timely filed petition shall stay the effect of the administrative order.\n\t\t\tThe hearing shall be conducted before the Board or a designated member thereof pursuant to § 2.2-4019. The Board shall have the authority to affirm, modify, amend or cancel the administrative order. Any owner aggrieved by a decision of the Board after a hearing shall have the right to judicial review of the final Board decision pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).C\n\nThe provisions of subsection A of this section notwithstanding, if the Director determines, after the plan is submitted, that changed circumstances justify reclassifying the deficiencies of an impounding structure as an imminent danger to life or property, the Director may proceed directly under § 10.1-613 for enforcement of his order, and the owner shall have the opportunity to contest the fact based upon which the administrative order was issued.D\n\nThe Director, upon a determination that there is an unsafe condition at an impounding structure, is authorized to cause the lowering or complete draining of such impoundment until the unsafe condition has been corrected at the owner’s expense and prior to any authorization to refill.\n\t\t\tAn owner who fails to comply with the provisions contained in an administrative order of the Department shall be subject to procedures set out in § 10.1-613 and the penalties authorized under § 10.1-613.1.E\n\nIf any civil penalty has not been paid within 60 days after the Board’s final decision or a court order has been served on the owner, the Board shall request the Attorney General to bring a civil action against such owner in an appropriate court for appropriate relief.F\n\nCivil penalties assessed under this section shall be paid into the Dam Safety, Flood Prevention and Protection Assistance Fund established in § 10.1-603.17 and be used for the administration of the dam safety program, including for the repair and maintenance of impounding structures.G\n\nNo persons, other than those authorized to maintain an impounding structure, shall interfere with the operation of an impounding structure.","order_by":null,"text":{"0":{"id":283707,"text":"Within 30 days after completion of a safety inspection of an impounding structure by the dam owner’s licensed professional engineer in accordance with § 10.1-607, the owner shall submit to the Board a plan, consistent with regulations adopted pursuant to § 10.1-605, to address the recommendations for correcting any deficiencies found at the impounding structure and shall include a schedule for implementing such recommendations. The Board shall determine if the submitted plan and schedule are sufficient to address the deficiencies. If an owner fails or refuses to commence or diligently implement the recommendations for correction of deficiencies according to the schedule contained in the plan, the Director shall have the authority to issue an administrative order directing the owner to commence implementation and completion of such recommendations according to the schedule contained in the plan with modifications as appropriate. Such order may include a civil penalty of up to $500 per day, with the maximum amount not to exceed $25,000. The civil penalty may be in addition to, or in lieu of, any other forfeitures, remedies, or penalties authorized by law. When setting the civil penalty amount, the Director shall consider (i) the nature, duration, and number of previous instances of failure by the dam owner to comply with requirements of law relating to dam safety and the Board’s regulations and orders; (ii) the efforts of the dam owner to correct deficiencies or other instances of failure to comply with the requirements of law relating to dam safety and the Board’s regulations and orders that are the subject of the proposed penalty; (iii) the cost of carrying out actions required to meet the requirements of this article and the Board’s regulations and orders; (iv) the hazard classification of the dam; and (v) any other factors that the Department deems appropriate. The Director shall suspend the civil penalties if the dam owner complies with the administrative order and any conditions in the schedule of compliance contained in such order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283708,"text":"Within 30 days after being served by personal service or by mail with a copy of an order issued pursuant to this section, any owner shall have the right to petition the Board for a hearing. A timely filed petition shall stay the effect of the administrative order.\n\t\t\tThe hearing shall be conducted before the Board or a designated member thereof pursuant to § 2.2-4019. The Board shall have the authority to affirm, modify, amend or cancel the administrative order. Any owner aggrieved by a decision of the Board after a hearing shall have the right to judicial review of the final Board 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":"A","next_prefix":"C"},"2":{"id":283709,"text":"The provisions of subsection A of this section notwithstanding, if the Director determines, after the plan is submitted, that changed circumstances justify reclassifying the deficiencies of an impounding structure as an imminent danger to life or property, the Director may proceed directly under § 10.1-613 for enforcement of his order, and the owner shall have the opportunity to contest the fact based upon which the administrative order was issued.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":283710,"text":"The Director, upon a determination that there is an unsafe condition at an impounding structure, is authorized to cause the lowering or complete draining of such impoundment until the unsafe condition has been corrected at the owner’s expense and prior to any authorization to refill.\n\t\t\tAn owner who fails to comply with the provisions contained in an administrative order of the Department shall be subject to procedures set out in § 10.1-613 and the penalties authorized under § 10.1-613.1.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":283711,"text":"If any civil penalty has not been paid within 60 days after the Board’s final decision or a court order has been served on the owner, the Board shall request the Attorney General to bring a civil action against such owner in an appropriate court for appropriate relief.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":283712,"text":"Civil penalties assessed under this section shall be paid into the Dam Safety, Flood Prevention and Protection Assistance Fund established in § 10.1-603.17 and be used for the administration of the dam safety program, including for the repair and maintenance of impounding structures.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":283713,"text":"No persons, other than those authorized to maintain an impounding structure, shall interfere with the operation of an impounding structure.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-609\/","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 6 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, chapters 9 and 615; in 1988, chapter 891; in 1999, chapter 110<\/a>; in 2006, chapter 30<\/a>; in 2010, chapter 270<\/a>; in 2025, chapters 228<\/a> and 241<\/a>.<\/p>","references":[{"id":61461,"section_number":"10.1-603.16","catch_line":"Definitions","order_by":null,"url":"\/10.1-603.16\/"},{"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":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":80418,"section_number":"10.1-609.1","catch_line":"Installation of IFLOWS gauges","order_by":null,"url":"\/10.1-609.1\/"},{"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\/"},{"id":77193,"section_number":"10.1-613.6","catch_line":"Negotiated settlement agreements","order_by":null,"url":"\/10.1-613.6\/"}],"refers_to":[{"id":81027,"section_number":"10.1-603.17","catch_line":"Dam Safety, Flood Prevention and Protection Assistance Fund established","order_by":null,"url":"\/10.1-603.17\/"},{"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":71315,"section_number":"10.1-607","catch_line":"Safety inspections","order_by":null,"url":"\/10.1-607\/"},{"id":72084,"section_number":"10.1-613","catch_line":"Enforcement","order_by":null,"url":"\/10.1-613\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"}],"permalink":{"id":144503,"object_type":"law","relational_id":79239,"identifier":"10.1-609","token":"10.1\/I\/6\/2\/10.1-609","url":"\/10.1-609\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-609\/","token":"10.1\/I\/6\/2\/10.1-609","dublin_core":{"Title":"Unsafe dams presenting nonimminent danger; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-609","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Within 30 days after completion of a safety inspection of an impounding structure<\/span> by the dam owner<\/span>’s licensed professional engineer in accordance with § 10.1-607<\/a>, the owner<\/span> shall submit to the Board<\/span> a plan, consistent with regulations adopted pursuant to § 10.1-605<\/a>, to address the recommendations for correcting any deficiencies found at the impounding structure<\/span> and shall include a schedule for implementing such recommendations. The Board<\/span> shall determine if the submitted plan and schedule are sufficient to address the deficiencies. If an owner<\/span> fails or refuses to commence or diligently implement the recommendations for correction of deficiencies according to the schedule contained in the plan, the Director<\/span> shall have the authority to issue<\/span> an administrative order<\/span> directing the owner<\/span> to commence implementation and completion of such recommendations according to the schedule contained in the plan with modifications as appropriate. Such order<\/span> may include a civil penalty<\/span> of up to $500 per day, with the maximum amount not to exceed $25,000. The civil penalty<\/span> may be in addition to, or in lieu of, any other forfeitures, remedies, or penalties authorized by law<\/span>. When setting the civil penalty<\/span> amount, the Director<\/span> shall consider (i) the nature, duration, and number of previous instances of failure by the dam owner<\/span> to comply with requirements of law<\/span> relating to dam safety and the Board<\/span>’s regulations and orders<\/span>; (ii) the efforts of the dam owner<\/span> to correct deficiencies or other instances of failure to comply with the requirements of law<\/span> relating to dam safety and the Board<\/span>’s regulations and orders<\/span> that are the subject of the proposed penalty<\/span>; (iii) the cost of carrying out actions required to meet the requirements of this article and the Board<\/span>’s regulations and orders<\/span>; (iv) the hazard classification of the dam; and (v) any other factors that the Department<\/span> deems appropriate. The Director<\/span> shall suspend the civil penalties if the dam owner<\/span> complies with the administrative order<\/span> and any conditions in the schedule of compliance contained in such order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Within 30 days after being served by personal service or by mail with a copy of an order<\/span> issued pursuant to this section, any owner<\/span> shall have the right to petition<\/span> the Board<\/span> for a hearing<\/span>. A timely filed petition<\/span> shall stay<\/span> the effect of the administrative order<\/span>.\n\t\t\tThe hearing<\/span> shall be conducted before the Board<\/span> or a designated member thereof pursuant to § 2.2-4019<\/a>. The Board<\/span> shall have the authority to affirm<\/span>, modify, amend<\/span> or cancel the administrative order<\/span>. Any owner<\/span> aggrieved by a decision of the Board<\/span> after a hearing<\/span> shall have the right to judicial review of the final Board<\/span> 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 provisions of subsection A of this section notwithstanding, if the Director<\/span> determines, after the plan is submitted, that changed circumstances justify reclassifying the deficiencies of an impounding structure<\/span> as an imminent danger to life or property, the Director<\/span> may proceed directly under § 10.1-613<\/a> for enforcement of his order<\/span>, and the owner<\/span> shall have the opportunity to contest the fact<\/span> based upon which the administrative order<\/span> was issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Director<\/span>, upon a determination that there is an unsafe condition at an impounding structure<\/span>, is authorized to cause the lowering or complete draining of such impoundment until the unsafe condition has been corrected at the owner<\/span>’s expense and prior to any authorization to refill.\n\t\t\tAn owner<\/span> who fails to comply with the provisions contained in an administrative order<\/span> of the Department<\/span> shall be subject to procedures set out in § 10.1-613<\/a> and the penalties authorized under § 10.1-613.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If any civil penalty<\/span> has not been paid within 60 days after the Board<\/span>’s final decision or a court order<\/span> has been served on the owner<\/span>, the Board<\/span> shall request the Attorney General<\/span> to bring a civil action<\/span> against such owner<\/span> in an appropriate court for appropriate relief. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Civil penalties assessed under this section shall be paid into the Dam Safety, Flood Prevention and Protection Assistance Fund established in § 10.1-603.17<\/a> and be used for the administration of the dam safety program, including for the repair and maintenance of impounding structures<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No persons, other than those authorized to maintain an impounding structure<\/span>, shall interfere with the operation of an impounding structure<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNSAFE DAMS PRESENTING NONIMMINENT DANGER; CIVIL PENALTY (\u00a7 10.1-609)\n\nA. Within 30 days after completion of a safety inspection of an impounding\nstructure by the dam owner’s licensed professional engineer in accordance\nwith § 10.1-607, the owner shall submit to the Board a plan, consistent\nwith regulations adopted pursuant to § 10.1-605, to address the\nrecommendations for correcting any deficiencies found at the impounding\nstructure and shall include a schedule for implementing such recommendations.\nThe Board shall determine if the submitted plan and schedule are sufficient to\naddress the deficiencies. If an owner fails or refuses to commence or diligently\nimplement the recommendations for correction of deficiencies according to the\nschedule contained in the plan, the Director shall have the authority to issue\nan administrative order directing the owner to commence implementation and\ncompletion of such recommendations according to the schedule contained in the\nplan with modifications as appropriate. Such order may include a civil penalty\nof up to $500 per day, with the maximum amount not to exceed $25,000. The civil\npenalty may be in addition to, or in lieu of, any other forfeitures, remedies,\nor penalties authorized by law. When setting the civil penalty amount, the\nDirector shall consider (i) the nature, duration, and number of previous\ninstances of failure by the dam owner to comply with requirements of law\nrelating to dam safety and the Board’s regulations and orders; (ii) the\nefforts of the dam owner to correct deficiencies or other instances of failure\nto comply with the requirements of law relating to dam safety and the\nBoard’s regulations and orders that are the subject of the proposed\npenalty; (iii) the cost of carrying out actions required to meet the\nrequirements of this article and the Board’s regulations and orders; (iv)\nthe hazard classification of the dam; and (v) any other factors that the\nDepartment deems appropriate. The Director shall suspend the civil penalties if\nthe dam owner complies with the administrative order and any conditions in the\nschedule of compliance contained in such order.\n\nB. Within 30 days after being served by personal service or by mail with a copy\nof an order issued pursuant to this section, any owner shall have the right to\npetition the Board for a hearing. A timely filed petition shall stay the effect\nof the administrative order.\n\t\t\tThe hearing shall be conducted before the Board or a designated member\nthereof pursuant to § 2.2-4019. The Board shall have the authority to\naffirm, modify, amend or cancel the administrative order. Any owner aggrieved by\na decision of the Board after a hearing shall have the right to judicial review\nof the final Board decision pursuant to the provisions of the Administrative\nProcess Act (§ 2.2-4000 et seq.).\n\nC. The provisions of subsection A of this section notwithstanding, if the\nDirector determines, after the plan is submitted, that changed circumstances\njustify reclassifying the deficiencies of an impounding structure as an imminent\ndanger to life or property, the Director may proceed directly under §\n10.1-613 for enforcement of his order, and the owner shall have the opportunity\nto contest the fact based upon which the administrative order was issued.\n\nD. The Director, upon a determination that there is an unsafe condition at an\nimpounding structure, is authorized to cause the lowering or complete draining\nof such impoundment until the unsafe condition has been corrected at the\nowner’s expense and prior to any authorization to refill.\n\t\t\tAn owner who fails to comply with the provisions contained in an\nadministrative order of the Department shall be subject to procedures set out in\n§ 10.1-613 and the penalties authorized under § 10.1-613.1.\n\nE. If any civil penalty has not been paid within 60 days after the Board’s\nfinal decision or a court order has been served on the owner, the Board shall\nrequest the Attorney General to bring a civil action against such owner in an\nappropriate court for appropriate relief.\n\nF. Civil penalties assessed under this section shall be paid into the Dam\nSafety, Flood Prevention and Protection Assistance Fund established in §\n10.1-603.17 and be used for the administration of the dam safety program,\nincluding for the repair and maintenance of impounding structures.\n\nG. No persons, other than those authorized to maintain an impounding structure,\nshall interfere with the operation of an impounding structure.\n\nHISTORY: 1982, c. 583, \u00a7 62.1-115.6; 1986, cc. 9, 615; 1988, c. 891; 1999, c.\n110; 2006, c. 30; 2010, c. 270; 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}}