{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-610.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-610.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-610.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-610.1.html"}],"law_id":65885,"edition_id":1,"section_id":65885,"structure_id":12975,"section_number":"10.1-610.1","catch_line":"Monitoring progress of work","history":"2006, c. 30.","full_text":"A\n\nDuring the maintenance, construction, or alteration of any dam or reservoir, the Department shall make periodic inspections for the purpose of securing conformity with the approved plans and specifications. The Department shall require the owner to perform at his expense such work or tests as necessary to obtain information sufficient to enable the Department to determine whether conformity with the approved plans and specifications is being secured.B\n\nIf, after any inspections, investigations, or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval, it is found by the Director that project modifications or changes are necessary to ensure conformity with the approved plans and specifications, the Director may issue an administrative order to the owner to comply with the plans and specifications. Within 15 calendar 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. The hearing shall be conducted before the Board or a designated member of the Board pursuant to &#xA7; 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 (&#xA7; 2.2-4000 et seq.).C\n\nFollowing the Board hearing, subject to judicial review of the final decision of the Board, if conditions are revealed that will not permit the construction of a safe dam or reservoir, the certificate of approval may be revoked. As part of the revocation, the Board may compel the owner to remove the incomplete structure sufficiently to eliminate any safety hazard to life or property.","order_by":null,"text":{"0":{"id":239427,"text":"During the maintenance, construction, or alteration of any dam or reservoir, the Department shall make periodic inspections for the purpose of securing conformity with the approved plans and specifications. The Department shall require the owner to perform at his expense such work or tests as necessary to obtain information sufficient to enable the Department to determine whether conformity with the approved plans and specifications is being secured.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":239428,"text":"If, after any inspections, investigations, or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval, it is found by the Director that project modifications or changes are necessary to ensure conformity with the approved plans and specifications, the Director may issue an administrative order to the owner to comply with the plans and specifications. Within 15 calendar 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. The hearing shall be conducted before the Board or a designated member of the Board pursuant to &#xA7; 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 (&#xA7; 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":239429,"text":"Following the Board hearing, subject to judicial review of the final decision of the Board, if conditions are revealed that will not permit the construction of a safe dam or reservoir, the certificate of approval may be revoked. As part of the revocation, the Board may compel the owner to remove the incomplete structure sufficiently to eliminate any safety hazard to life or property.","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; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-610.1\/","history_text":"<p>This law was first created in 2006. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0030\">30<\/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.<\/p>","references":false,"refers_to":[{"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":144519,"object_type":"law","relational_id":65885,"identifier":"10.1-610.1","token":"10.1\/I\/6\/2\/10.1-610.1","url":"\/10.1-610.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-610.1\/","token":"10.1\/I\/6\/2\/10.1-610.1","dublin_core":{"Title":"Monitoring progress of work","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-610.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> During the maintenance, <span class=\"dictionary\">construction<\/span>, or <span class=\"dictionary\">alteration<\/span> of any dam or reservoir, the <span class=\"dictionary\">Department<\/span> shall make periodic inspections for the purpose of securing conformity with the approved plans and specifications. The <span class=\"dictionary\">Department<\/span> shall require the <span class=\"dictionary\">owner<\/span> to perform at his expense such work or tests as necessary to obtain information sufficient to enable the <span class=\"dictionary\">Department<\/span> to determine whether conformity with the approved plans and specifications is being secured. <a id=\"paragraph-239427\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-610.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If, after any inspections, investigations, or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval, it is found by the <span class=\"dictionary\">Director<\/span> that project modifications or changes are necessary to ensure conformity with the approved plans and specifications, the <span class=\"dictionary\">Director<\/span> may <span class=\"dictionary\">issue<\/span> an administrative <span class=\"dictionary\">order<\/span> to the <span class=\"dictionary\">owner<\/span> to comply with the plans and specifications. Within 15 calendar days after being served by personal service or by mail with a copy of an <span class=\"dictionary\">order<\/span> issued pursuant to this section, any <span class=\"dictionary\">owner<\/span> shall have the right to <span class=\"dictionary\">petition<\/span> the <span class=\"dictionary\">Board<\/span> for a <span class=\"dictionary\">hearing<\/span>. A timely filed <span class=\"dictionary\">petition<\/span> shall <span class=\"dictionary\">stay<\/span> the effect of the administrative <span class=\"dictionary\">order<\/span>. The <span class=\"dictionary\">hearing<\/span> shall be conducted before the <span class=\"dictionary\">Board<\/span> or a designated member of the <span class=\"dictionary\">Board<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Informal fact finding proceedings\" href=\"\/2.2-4019\/\">2.2-4019<\/a>. The <span class=\"dictionary\">Board<\/span> shall have the authority to <span class=\"dictionary\">affirm<\/span>, modify, <span class=\"dictionary\">amend<\/span>, or cancel the administrative <span class=\"dictionary\">order<\/span>. Any <span class=\"dictionary\">owner<\/span> aggrieved by a decision of the <span class=\"dictionary\">Board<\/span> after a <span class=\"dictionary\">hearing<\/span> shall have the right to judicial review of the final <span class=\"dictionary\">Board<\/span> decision pursuant to the provisions of the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.). <a id=\"paragraph-239428\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-610.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Following the <span class=\"dictionary\">Board<\/span> <span class=\"dictionary\">hearing<\/span>, subject to judicial review of the final decision of the <span class=\"dictionary\">Board<\/span>, if conditions are revealed that will not permit the <span class=\"dictionary\">construction<\/span> of a safe dam or reservoir, the certificate of approval may be revoked. As part of the <span class=\"dictionary\">revocation<\/span>, the <span class=\"dictionary\">Board<\/span> may compel the <span class=\"dictionary\">owner<\/span> to remove the incomplete structure sufficiently to eliminate any safety hazard to life or property. <a id=\"paragraph-239429\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-610.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nMONITORING PROGRESS OF WORK (\u00a7 10.1-610.1)\n\nA. During the maintenance, construction, or alteration of any dam or reservoir,\nthe Department shall make periodic inspections for the purpose of securing\nconformity with the approved plans and specifications. The Department shall\nrequire the owner to perform at his expense such work or tests as necessary to\nobtain information sufficient to enable the Department to determine whether\nconformity with the approved plans and specifications is being secured.\n\nB. If, after any inspections, investigations, or examinations, or at any time as\nthe work progresses, or at any time prior to issuance of a certificate of\napproval, it is found by the Director that project modifications or changes are\nnecessary to ensure conformity with the approved plans and specifications, the\nDirector may issue an administrative order to the owner to comply with the plans\nand specifications. Within 15 calendar days after being served by personal\nservice or by mail with a copy of an order issued pursuant to this section, any\nowner shall have the right to petition the Board for a hearing. A timely filed\npetition shall stay the effect of the administrative order. The hearing shall be\nconducted before the Board or a designated member of the Board pursuant to\n&#xA7; 2.2-4019. The Board shall have the authority to affirm, modify, amend, or\ncancel the administrative order. Any owner aggrieved by a decision of the Board\nafter a hearing shall have the right to judicial review of the final Board\ndecision pursuant to the provisions of the Administrative Process Act (&#xA7;\n2.2-4000 et seq.).\n\nC. Following the Board hearing, subject to judicial review of the final decision\nof the Board, if conditions are revealed that will not permit the construction\nof a safe dam or reservoir, the certificate of approval may be revoked. As part\nof the revocation, the Board may compel the owner to remove the incomplete\nstructure sufficiently to eliminate any safety hazard to life or property.\n\nHISTORY: 2006, c. 30.","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}}