{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-613.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-613.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-613.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-613.4.html"}],"law_id":58273,"edition_id":1,"section_id":58273,"structure_id":12975,"section_number":"10.1-613.4","catch_line":"Liability of owner or operator","history":"2006, c. 30; 2014, cc. 146, 304, 593.","full_text":"A\n\nNotwithstanding subsection B, nothing in this article, and no order, notice, approval, or advice of the Director or Board shall relieve any owner or operator of an impounding structure from any legal duties, obligations, and liabilities resulting from such ownership or operation. The owner or operator shall be responsible for liability for damage to the property of others or injury to persons, including the loss of life resulting from the operation or failure of an impounding structure. Compliance with this article does not guarantee the safety of an impounding structure or relieve the owner or operator of liability in case of an impounding structure failure.B\n\nThe owner of the land upon which an impounding structure owned, maintained, or operated by a soil and water conservation district is situated shall not be responsible for liability for damages to the property of others or injury to persons, including the loss of life, resulting from the operation or failure of the impounding structure. The provisions of this subsection shall not apply if the damages to the property of others or injury to persons is the result of an act or omission of the landowner unrelated to ownership, maintenance, or operation of the impounding structure.C\n\nPrior to dissolution or termination of an entity that owns an impounding structure, the entity shall either convey ownership to a third party by deed or other legal conveyance or decommission the impounding structure pursuant to the requirements of the Virginia Impounding Structure Regulations. Prior to conveying ownership, the owner shall notify the Director of such transfer of ownership in accordance with requirements set out in the Virginia Impounding Structure Regulations. Such notice to the Director shall include a warrant by the transferring owner that the transferee is a responsible party capable of discharging all obligations of an impounding structure owner imposed by law and regulations.D\n\nThe Commonwealth, the Board, or the Department shall not be deemed to become an owner of an impounding structure by providing funding or other assistance for maintenance, repair, or decommissioning of an impounding structure owned by another person or entity.","order_by":null,"text":{"0":{"id":213499,"text":"Notwithstanding subsection B, nothing in this article, and no order, notice, approval, or advice of the Director or Board shall relieve any owner or operator of an impounding structure from any legal duties, obligations, and liabilities resulting from such ownership or operation. The owner or operator shall be responsible for liability for damage to the property of others or injury to persons, including the loss of life resulting from the operation or failure of an impounding structure. Compliance with this article does not guarantee the safety of an impounding structure or relieve the owner or operator of liability in case of an impounding structure failure.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":213500,"text":"The owner of the land upon which an impounding structure owned, maintained, or operated by a soil and water conservation district is situated shall not be responsible for liability for damages to the property of others or injury to persons, including the loss of life, resulting from the operation or failure of the impounding structure. The provisions of this subsection shall not apply if the damages to the property of others or injury to persons is the result of an act or omission of the landowner unrelated to ownership, maintenance, or operation of the impounding structure.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":213501,"text":"Prior to dissolution or termination of an entity that owns an impounding structure, the entity shall either convey ownership to a third party by deed or other legal conveyance or decommission the impounding structure pursuant to the requirements of the Virginia Impounding Structure Regulations. Prior to conveying ownership, the owner shall notify the Director of such transfer of ownership in accordance with requirements set out in the Virginia Impounding Structure Regulations. Such notice to the Director shall include a warrant by the transferring owner that the transferee is a responsible party capable of discharging all obligations of an impounding structure owner imposed by law and regulations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":213502,"text":"The Commonwealth, the Board, or the Department shall not be deemed to become an owner of an impounding structure by providing funding or other assistance for maintenance, repair, or decommissioning of an impounding structure owned by another person or entity.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-613.4\/","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. 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 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0146\">146<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0304\">304<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0593\">593<\/a>.<\/p>","references":[{"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":false,"permalink":{"id":144555,"object_type":"law","relational_id":58273,"identifier":"10.1-613.4","token":"10.1\/I\/6\/2\/10.1-613.4","url":"\/10.1-613.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-613.4\/","token":"10.1\/I\/6\/2\/10.1-613.4","dublin_core":{"Title":"Liability of owner or operator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-613.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Notwithstanding subsection B, nothing in this article, and no <span class=\"dictionary\">order<\/span>, notice, approval, or advice of the <span class=\"dictionary\">Director<\/span> or <span class=\"dictionary\">Board<\/span> shall relieve any <span class=\"dictionary\">owner<\/span> or operator of an <span class=\"dictionary\">impounding structure<\/span> from any legal duties, obligations, and liabilities resulting from such ownership or operation. The <span class=\"dictionary\">owner<\/span> or operator shall be responsible for liability for damage to the property of others or injury to persons, including the loss of life resulting from the operation or failure of an <span class=\"dictionary\">impounding structure<\/span>. Compliance with this article does not guarantee the safety of an <span class=\"dictionary\">impounding structure<\/span> or relieve the <span class=\"dictionary\">owner<\/span> or operator of liability in case of an <span class=\"dictionary\">impounding structure<\/span> failure. <a id=\"paragraph-213499\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-613.4\/#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> The <span class=\"dictionary\">owner<\/span> of the land upon which an <span class=\"dictionary\">impounding structure<\/span> owned, maintained, or operated by a soil and water conservation district is situated shall not be responsible for liability for <span class=\"dictionary\">damages<\/span> to the property of others or injury to persons, including the loss of life, resulting from the operation or failure of the <span class=\"dictionary\">impounding structure<\/span>. The provisions of this subsection shall not apply if the <span class=\"dictionary\">damages<\/span> to the property of others or injury to persons is the result of an act or omission of the landowner unrelated to ownership, maintenance, or operation of the <span class=\"dictionary\">impounding structure<\/span>. <a id=\"paragraph-213500\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-613.4\/#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> Prior to dissolution or termination of an entity that owns an <span class=\"dictionary\">impounding structure<\/span>, the entity shall either convey ownership to a third <span class=\"dictionary\">party<\/span> by deed or other legal conveyance or decommission the <span class=\"dictionary\">impounding structure<\/span> pursuant to the requirements of the Virginia <span class=\"dictionary\">Impounding Structure<\/span> Regulations. Prior to conveying ownership, the <span class=\"dictionary\">owner<\/span> shall notify the <span class=\"dictionary\">Director<\/span> of such transfer of ownership in accordance with requirements set out in the Virginia <span class=\"dictionary\">Impounding Structure<\/span> Regulations. Such notice to the <span class=\"dictionary\">Director<\/span> shall include a warrant by the transferring <span class=\"dictionary\">owner<\/span> that the transferee is a responsible <span class=\"dictionary\">party<\/span> capable of discharging all obligations of an <span class=\"dictionary\">impounding structure<\/span> <span class=\"dictionary\">owner<\/span> imposed by <span class=\"dictionary\">law<\/span> and regulations. <a id=\"paragraph-213501\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-613.4\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The Commonwealth, the <span class=\"dictionary\">Board<\/span>, or the <span class=\"dictionary\">Department<\/span> shall not be deemed to become an <span class=\"dictionary\">owner<\/span> of an <span class=\"dictionary\">impounding structure<\/span> by providing funding or other assistance for maintenance, repair, or decommissioning of an <span class=\"dictionary\">impounding structure<\/span> owned by another person or entity. <a id=\"paragraph-213502\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-613.4\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLIABILITY OF OWNER OR OPERATOR (\u00a7 10.1-613.4)\n\nA. Notwithstanding subsection B, nothing in this article, and no order, notice,\napproval, or advice of the Director or Board shall relieve any owner or operator\nof an impounding structure from any legal duties, obligations, and liabilities\nresulting from such ownership or operation. The owner or operator shall be\nresponsible for liability for damage to the property of others or injury to\npersons, including the loss of life resulting from the operation or failure of\nan impounding structure. Compliance with this article does not guarantee the\nsafety of an impounding structure or relieve the owner or operator of liability\nin case of an impounding structure failure.\n\nB. The owner of the land upon which an impounding structure owned, maintained,\nor operated by a soil and water conservation district is situated shall not be\nresponsible for liability for damages to the property of others or injury to\npersons, including the loss of life, resulting from the operation or failure of\nthe impounding structure. The provisions of this subsection shall not apply if\nthe damages to the property of others or injury to persons is the result of an\nact or omission of the landowner unrelated to ownership, maintenance, or\noperation of the impounding structure.\n\nC. Prior to dissolution or termination of an entity that owns an impounding\nstructure, the entity shall either convey ownership to a third party by deed or\nother legal conveyance or decommission the impounding structure pursuant to the\nrequirements of the Virginia Impounding Structure Regulations. Prior to\nconveying ownership, the owner shall notify the Director of such transfer of\nownership in accordance with requirements set out in the Virginia Impounding\nStructure Regulations. Such notice to the Director shall include a warrant by\nthe transferring owner that the transferee is a responsible party capable of\ndischarging all obligations of an impounding structure owner imposed by law and\nregulations.\n\nD. The Commonwealth, the Board, or the Department shall not be deemed to become\nan owner of an impounding structure by providing funding or other assistance for\nmaintenance, repair, or decommissioning of an impounding structure owned by\nanother person or entity.\n\nHISTORY: 2006, c. 30; 2014, cc. 146, 304, 593.","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}}