{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/29.1-532.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/29.1-532.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/29.1-532.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/29.1-532.html"}],"law_id":77693,"edition_id":1,"section_id":77693,"structure_id":14520,"section_number":"29.1-532","catch_line":"Dams and fishways","history":"Code 1950, \u00a7 29-151; 1950, p. 891; 1958, c. 607; 1987, c. 488; 1988, c. 487; 2020, c. 958.","full_text":"Any dam or other object in a watercourse, which obstructs navigation or the passage of fish, shall be deemed a nuisance, unless it is used to work a mill, factory or other machine or engine useful to the public, and is allowed by law or order of court. Any person owning or having control of any dam or other obstruction in the streams of the Commonwealth which may interfere with the free passage of anadromous and other migratory fish, shall provide every such dam or other obstruction with a suitable fishway unless the Board considers it unnecessary. The purpose of such a fishway is for anadromous and other migratory fish to have free passage up and down the streams during March, April, May and June, and down the streams throughout the remaining months. “Suitable fishway” means a fishway which passes significant numbers of the target fishes, as determined by the Board.\n\t\tOwners of such dams or other authorized obstructions shall maintain and keep fishways operational, in good repair, and restore them in case of destruction.\n\t\tOwners of dams or other obstructions which are not authorized by law must have the obstacles removed at their expense when the Board determines that the obstacles interfere with the free passage of anadromous and other migratory fish within the streams of the Commonwealth.\n\t\tThe circuit court of the county or city in which the dam is situated, after reasonable notice to the parties or party interested and upon satisfactory proof of the failure to comply, may order any necessary construction or destruction to be initiated or put in good repair at the expense of the owner of the dam or other obstruction. All such construction or destruction must be initiated within one year of the court order and completed within three years of the court order.\n\t\tAny person failing to comply with this section shall pay as a penalty a percentage of the estimated cost of construction or destruction equal to the percentage specified on the judgment rate of interest pursuant to \u00a7 6.2-302, and the Board shall provide construction or destruction cost estimates.\n\t\tPenalties collected pursuant to this section shall be directed to the Department.\n\t\tThis section shall not apply to the Meherrin River within the Counties of Brunswick and Greensville, nor to the Meherrin River within or between the Counties of Lunenburg and Mecklenburg, nor to the Nottoway River between the Counties of Lunenburg and Nottoway, nor to Abram’s Creek in Shawnee district, Frederick County, nor to the James River between the City of Lynchburg and the County of Amherst, nor to the James River within the City of Richmond and between the City of Richmond and Henrico County, except that the exemption for those dams west of Virginia Route 161 which are located on the James River within the City of Richmond and between the City of Richmond and Henrico County shall expire on January 1, 1990, nor any streams within the Counties of Augusta, Lunenburg, Mecklenburg, Louisa, Buckingham, Halifax, Montgomery, Pulaski, Franklin, Russell, Tazewell, Giles, Bland, Craig, Wythe, Carroll and Grayson, nor to that part of any stream that forms a part of the boundary of Halifax and Franklin Counties. Furthermore, no fish ladders shall be required on dams twenty feet or more in height. The City of Richmond shall continue to work with the Department toward implementing and funding a plan for breaching dams to provide fishways for the passage of anadromous and other migratory fish.","order_by":null,"text":{"0":{"id":278687,"text":"Any dam or other object in a watercourse, which obstructs navigation or the passage of fish, shall be deemed a nuisance, unless it is used to work a mill, factory or other machine or engine useful to the public, and is allowed by law or order of court. Any person owning or having control of any dam or other obstruction in the streams of the Commonwealth which may interfere with the free passage of anadromous and other migratory fish, shall provide every such dam or other obstruction with a suitable fishway unless the Board considers it unnecessary. The purpose of such a fishway is for anadromous and other migratory fish to have free passage up and down the streams during March, April, May and June, and down the streams throughout the remaining months. “Suitable fishway” means a fishway which passes significant numbers of the target fishes, as determined by the Board.\n\t\tOwners of such dams or other authorized obstructions shall maintain and keep fishways operational, in good repair, and restore them in case of destruction.\n\t\tOwners of dams or other obstructions which are not authorized by law must have the obstacles removed at their expense when the Board determines that the obstacles interfere with the free passage of anadromous and other migratory fish within the streams of the Commonwealth.\n\t\tThe circuit court of the county or city in which the dam is situated, after reasonable notice to the parties or party interested and upon satisfactory proof of the failure to comply, may order any necessary construction or destruction to be initiated or put in good repair at the expense of the owner of the dam or other obstruction. All such construction or destruction must be initiated within one year of the court order and completed within three years of the court order.\n\t\tAny person failing to comply with this section shall pay as a penalty a percentage of the estimated cost of construction or destruction equal to the percentage specified on the judgment rate of interest pursuant to \u00a7 6.2-302, and the Board shall provide construction or destruction cost estimates.\n\t\tPenalties collected pursuant to this section shall be directed to the Department.\n\t\tThis section shall not apply to the Meherrin River within the Counties of Brunswick and Greensville, nor to the Meherrin River within or between the Counties of Lunenburg and Mecklenburg, nor to the Nottoway River between the Counties of Lunenburg and Nottoway, nor to Abram’s Creek in Shawnee district, Frederick County, nor to the James River between the City of Lynchburg and the County of Amherst, nor to the James River within the City of Richmond and between the City of Richmond and Henrico County, except that the exemption for those dams west of Virginia Route 161 which are located on the James River within the City of Richmond and between the City of Richmond and Henrico County shall expire on January 1, 1990, nor any streams within the Counties of Augusta, Lunenburg, Mecklenburg, Louisa, Buckingham, Halifax, Montgomery, Pulaski, Franklin, Russell, Tazewell, Giles, Bland, Craig, Wythe, Carroll and Grayson, nor to that part of any stream that forms a part of the boundary of Halifax and Franklin Counties. Furthermore, no fish ladders shall be required on dams twenty feet or more in height. The City of Richmond shall continue to work with the Department toward implementing and funding a plan for breaching dams to provide fishways for the passage of anadromous and other migratory fish.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14520,"edition_id":1,"name":"Fishing Laws","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13513,"metadata":{},"date_created":"2026-06-26 03:48:29","date_modified":"2026-06-26 03:48:29","permalink":{"id":193175,"object_type":"structure","relational_id":14520,"identifier":"3","token":"29.1\/5\/3","url":"\/29.1\/5\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13513,"edition_id":1,"name":"Wildlife and Fish Laws","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12934,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":192967,"object_type":"structure","relational_id":13513,"identifier":"5","token":"29.1\/5","url":"\/29.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12934,"edition_id":1,"name":"Wildlife, Inland Fisheries and Boating","identifier":"29.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":192277,"object_type":"structure","relational_id":12934,"identifier":"29.1","token":"29.1","url":"\/29.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76058,"structure_id":14520,"section_number":"29.1-531","catch_line":"Unlawful to take or attempt to take, possess, sell or transport fish except as permitted","url":"\/29.1-531\/","token":"29.1\/5\/3\/29.1-531","metadata":false},{"id":77693,"structure_id":14520,"section_number":"29.1-532","catch_line":"Dams and fishways","url":"\/29.1-532\/","token":"29.1\/5\/3\/29.1-532","metadata":false},{"id":55951,"structure_id":14520,"section_number":"29.1-533","catch_line":"Prohibition against use of substances injurious to fish","url":"\/29.1-533\/","token":"29.1\/5\/3\/29.1-533","metadata":false},{"id":80020,"structure_id":14520,"section_number":"29.1-534","catch_line":"Right to fish in interjurisdictional inland waters","url":"\/29.1-534\/","token":"29.1\/5\/3\/29.1-534","metadata":false},{"id":66585,"structure_id":14520,"section_number":"29.1-535","catch_line":"Reciprocal agreement as to fishing in such waters","url":"\/29.1-535\/","token":"29.1\/5\/3\/29.1-535","metadata":false}],"previous_section":{"id":76058,"structure_id":14520,"section_number":"29.1-531","catch_line":"Unlawful to take or attempt to take, possess, sell or transport fish except as permitted","url":"\/29.1-531\/","token":"29.1\/5\/3\/29.1-531","metadata":false},"next_section":{"id":55951,"structure_id":14520,"section_number":"29.1-533","catch_line":"Prohibition against use of substances injurious to fish","url":"\/29.1-533\/","token":"29.1\/5\/3\/29.1-533","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/29.1-532\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1958, chapter 607; in 1987, chapter 488; in 1988, chapter 487; in 2020, chapter 958<\/a>.<\/p>","references":[{"id":65772,"section_number":"29.1-101.9","catch_line":"Requirement for fishways","order_by":null,"url":"\/29.1-101.9\/"}],"refers_to":[{"id":70402,"section_number":"6.2-302","catch_line":"Judgment rate of interest","order_by":null,"url":"\/6.2-302\/"}],"permalink":{"id":193181,"object_type":"law","relational_id":77693,"identifier":"29.1-532","token":"29.1\/5\/3\/29.1-532","url":"\/29.1-532\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/29.1-532\/","token":"29.1\/5\/3\/29.1-532","dublin_core":{"Title":"Dams and fishways","Type":"Text","Format":"text\/html","Identifier":"\u00a7 29.1-532","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any dam or other object<\/span> in a watercourse, which obstructs navigation or the passage of fish, shall be deemed a nuisance, unless it is used to work a mill, factory or other machine or engine useful to the public, and is allowed by law<\/span> or order of court. Any person owning or having control of any dam or other obstruction in the streams of the Commonwealth which may interfere with the free passage of anadromous and other migratory fish, shall provide every such dam or other obstruction with a suitable fishway unless the Board<\/span> considers it unnecessary. The purpose of such a fishway is for anadromous and other migratory fish to have free passage up and down the streams during March, April, May and June, and down the streams throughout the remaining months. “Suitable fishway” means a fishway which passes significant numbers of the target fishes, as determined by the Board<\/span>.\n\t\tOwners of such dams or other authorized obstructions shall maintain and keep fishways operational, in good repair, and restore them in case of destruction.\n\t\tOwners of dams or other obstructions which are not authorized by law<\/span> must have the obstacles removed at their expense when the Board<\/span> determines that the obstacles interfere with the free passage of anadromous and other migratory fish within the streams of the Commonwealth.\n\t\tThe circuit<\/span> court of the county or city in which the dam is situated, after reasonable notice to the parties or party<\/span> interested and upon satisfactory proof of the failure to comply, may order any necessary construction or destruction to be initiated or put in good repair at the expense of the owner of the dam or other obstruction. All such construction or destruction must be initiated within one year of the court order<\/span> and completed within three years of the court order<\/span>.\n\t\tAny person failing to comply with this section shall pay as a penalty<\/span> a percentage of the estimated cost of construction or destruction equal to the percentage specified on the judgment<\/span> rate of interest pursuant to \u00a7 6.2-302<\/a>, and the Board<\/span> shall provide construction or destruction cost estimates.\n\t\tPenalties collected pursuant to this section shall be directed to the Department<\/span>.\n\t\tThis section shall not apply to the Meherrin River within the Counties of Brunswick and Greensville, nor to the Meherrin River within or between the Counties of Lunenburg and Mecklenburg, nor to the Nottoway River between the Counties of Lunenburg and Nottoway, nor to Abram’s Creek in Shawnee district, Frederick County, nor to the James River between the City of Lynchburg and the County of Amherst, nor to the James River within the City of Richmond and between the City of Richmond and Henrico County, except that the exemption for those dams west of Virginia Route 161 which are located on the James River within the City of Richmond and between the City of Richmond and Henrico County shall expire on January 1, 1990, nor any streams within the Counties of Augusta, Lunenburg, Mecklenburg, Louisa, Buckingham, Halifax, Montgomery, Pulaski, Franklin, Russell, Tazewell, Giles, Bland, Craig, Wythe, Carroll and Grayson, nor to that part of any stream that forms a part of the boundary of Halifax and Franklin Counties. Furthermore, no fish ladders shall be required on dams twenty feet or more in height. The City of Richmond shall continue to work with the Department<\/span> toward implementing and funding a plan for breaching dams to provide fishways for the passage of anadromous and other migratory fish.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDAMS AND FISHWAYS (\u00a7 29.1-532)\n\nAny dam or other object in a watercourse, which obstructs navigation or the\npassage of fish, shall be deemed a nuisance, unless it is used to work a mill,\nfactory or other machine or engine useful to the public, and is allowed by law\nor order of court. Any person owning or having control of any dam or other\nobstruction in the streams of the Commonwealth which may interfere with the free\npassage of anadromous and other migratory fish, shall provide every such dam or\nother obstruction with a suitable fishway unless the Board considers it\nunnecessary. The purpose of such a fishway is for anadromous and other migratory\nfish to have free passage up and down the streams during March, April, May and\nJune, and down the streams throughout the remaining months. “Suitable\nfishway” means a fishway which passes significant numbers of the target\nfishes, as determined by the Board.\n\t\tOwners of such dams or other authorized obstructions shall maintain and keep\nfishways operational, in good repair, and restore them in case of destruction.\n\t\tOwners of dams or other obstructions which are not authorized by law must have\nthe obstacles removed at their expense when the Board determines that the\nobstacles interfere with the free passage of anadromous and other migratory fish\nwithin the streams of the Commonwealth.\n\t\tThe circuit court of the county or city in which the dam is situated, after\nreasonable notice to the parties or party interested and upon satisfactory proof\nof the failure to comply, may order any necessary construction or destruction to\nbe initiated or put in good repair at the expense of the owner of the dam or\nother obstruction. All such construction or destruction must be initiated within\none year of the court order and completed within three years of the court order.\n\t\tAny person failing to comply with this section shall pay as a penalty a\npercentage of the estimated cost of construction or destruction equal to the\npercentage specified on the judgment rate of interest pursuant to \u00a7 6.2-302,\nand the Board shall provide construction or destruction cost estimates.\n\t\tPenalties collected pursuant to this section shall be directed to the\nDepartment.\n\t\tThis section shall not apply to the Meherrin River within the Counties of\nBrunswick and Greensville, nor to the Meherrin River within or between the\nCounties of Lunenburg and Mecklenburg, nor to the Nottoway River between the\nCounties of Lunenburg and Nottoway, nor to Abram’s Creek in Shawnee\ndistrict, Frederick County, nor to the James River between the City of Lynchburg\nand the County of Amherst, nor to the James River within the City of Richmond\nand between the City of Richmond and Henrico County, except that the exemption\nfor those dams west of Virginia Route 161 which are located on the James River\nwithin the City of Richmond and between the City of Richmond and Henrico County\nshall expire on January 1, 1990, nor any streams within the Counties of Augusta,\nLunenburg, Mecklenburg, Louisa, Buckingham, Halifax, Montgomery, Pulaski,\nFranklin, Russell, Tazewell, Giles, Bland, Craig, Wythe, Carroll and Grayson,\nnor to that part of any stream that forms a part of the boundary of Halifax and\nFranklin Counties. Furthermore, no fish ladders shall be required on dams twenty\nfeet or more in height. The City of Richmond shall continue to work with the\nDepartment toward implementing and funding a plan for breaching dams to provide\nfishways for the passage of anadromous and other migratory fish.\n\nHISTORY: Code 1950, \u00a7 29-151; 1950, p. 891; 1958, c. 607; 1987, c. 488; 1988,\nc. 487; 2020, c. 958.","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}}