{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-409.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-409.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-409.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-409.html"}],"law_id":68228,"edition_id":1,"section_id":68228,"structure_id":13610,"section_number":"33.2-409","catch_line":"Duty of owner or occupier of dam over which state highway passes; penalty","history":"Code 1950, \u00a7 33-90; 1970, c. 322, \u00a7 33.1-176; 2014, c. 805.","full_text":"Every owner or occupier of a dam over which a state highway passes shall keep such dam in good order, at least 12 feet wide at the top, and also keep in good order the substructure of a bridge of like width over the pier heads, floodgates, or any wastecut through or around the dam, provided that when these requirements have been met, the superstructure of any such bridge shall be maintained by the Commissioner of Highways. The Commissioner of Highways shall inspect all such bridges and report any needed repairs to the owner in writing. If such owner fails to comply with the provisions of this chapter, he is guilty of a misdemeanor punishable by a fine of $2 for every such failure of 24 hours. However, if a milldam is carried away or destroyed by flood or any other extraordinary natural cause, the owner or occupier thereof shall not be subject to such fine until one month after any mill operated in whole or in part by water impounded by such dam has been put into operation by such waterpower.","order_by":null,"text":{"0":{"id":246909,"text":"Every owner or occupier of a dam over which a state highway passes shall keep such dam in good order, at least 12 feet wide at the top, and also keep in good order the substructure of a bridge of like width over the pier heads, floodgates, or any wastecut through or around the dam, provided that when these requirements have been met, the superstructure of any such bridge shall be maintained by the Commissioner of Highways. The Commissioner of Highways shall inspect all such bridges and report any needed repairs to the owner in writing. If such owner fails to comply with the provisions of this chapter, he is guilty of a misdemeanor punishable by a fine of $2 for every such failure of 24 hours. However, if a milldam is carried away or destroyed by flood or any other extraordinary natural cause, the owner or occupier thereof shall not be subject to such fine until one month after any mill operated in whole or in part by water impounded by such dam has been put into operation by such waterpower.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13610,"edition_id":1,"name":"Limited Access Highways, Scenic Highways and Virginia Byways, and Highways Over Dams","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":206049,"object_type":"structure","relational_id":13610,"identifier":"4","token":"33.2\/II\/4","url":"\/33.2\/II\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83388,"structure_id":13610,"section_number":"33.2-400","catch_line":"Definitions","url":"\/33.2-400\/","token":"33.2\/II\/4\/33.2-400","metadata":false},{"id":56950,"structure_id":13610,"section_number":"33.2-401","catch_line":"Power and authority of Commonwealth Transportation Board relating to limited access highways","url":"\/33.2-401\/","token":"33.2\/II\/4\/33.2-401","metadata":false},{"id":82635,"structure_id":13610,"section_number":"33.2-402","catch_line":"Designating existing highway as limited access highway; extinguishing easements of access","url":"\/33.2-402\/","token":"33.2\/II\/4\/33.2-402","metadata":false},{"id":77108,"structure_id":13610,"section_number":"33.2-403","catch_line":"Business enterprises restricted on limited access highway right-of-way","url":"\/33.2-403\/","token":"33.2\/II\/4\/33.2-403","metadata":false},{"id":82620,"structure_id":13610,"section_number":"33.2-404","catch_line":"Service roads parallel to limited access highways; standards for access, service, etc","url":"\/33.2-404\/","token":"33.2\/II\/4\/33.2-404","metadata":false},{"id":65836,"structure_id":13610,"section_number":"33.2-405","catch_line":"Designation of scenic highways and Virginia byways","url":"\/33.2-405\/","token":"33.2\/II\/4\/33.2-405","metadata":false},{"id":77456,"structure_id":13610,"section_number":"33.2-406","catch_line":"Selecting Virginia byways","url":"\/33.2-406\/","token":"33.2\/II\/4\/33.2-406","metadata":false},{"id":64083,"structure_id":13610,"section_number":"33.2-407","catch_line":"Signage of scenic highways and Virginia byways","url":"\/33.2-407\/","token":"33.2\/II\/4\/33.2-407","metadata":false},{"id":58655,"structure_id":13610,"section_number":"33.2-408","catch_line":"Acquisition of adjacent land","url":"\/33.2-408\/","token":"33.2\/II\/4\/33.2-408","metadata":false},{"id":68228,"structure_id":13610,"section_number":"33.2-409","catch_line":"Duty of owner or occupier of dam over which state highway passes; penalty","url":"\/33.2-409\/","token":"33.2\/II\/4\/33.2-409","metadata":false},{"id":54579,"structure_id":13610,"section_number":"33.2-410","catch_line":"Duties of Commissioner of Highways related to dams over which a state highway passes","url":"\/33.2-410\/","token":"33.2\/II\/4\/33.2-410","metadata":false},{"id":84009,"structure_id":13610,"section_number":"33.2-411","catch_line":"Raising or lowering floodgates","url":"\/33.2-411\/","token":"33.2\/II\/4\/33.2-411","metadata":false},{"id":83442,"structure_id":13610,"section_number":"33.2-412","catch_line":"Reconstruction if dam is washed out","url":"\/33.2-412\/","token":"33.2\/II\/4\/33.2-412","metadata":false},{"id":58004,"structure_id":13610,"section_number":"33.2-413","catch_line":"When larger spillway required","url":"\/33.2-413\/","token":"33.2\/II\/4\/33.2-413","metadata":false},{"id":78285,"structure_id":13610,"section_number":"33.2-414","catch_line":"Application to county roads","url":"\/33.2-414\/","token":"33.2\/II\/4\/33.2-414","metadata":false}],"previous_section":{"id":58655,"structure_id":13610,"section_number":"33.2-408","catch_line":"Acquisition of adjacent land","url":"\/33.2-408\/","token":"33.2\/II\/4\/33.2-408","metadata":false},"next_section":{"id":54579,"structure_id":13610,"section_number":"33.2-410","catch_line":"Duties of Commissioner of Highways related to dams over which a state highway passes","url":"\/33.2-410\/","token":"33.2\/II\/4\/33.2-410","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-409\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1970, chapter 322; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":66176,"section_number":"33.2-279","catch_line":"Use of streams and lowlands obstructed by newly constructed highways as fishponds or water storage areas","order_by":null,"url":"\/33.2-279\/"},{"id":78285,"section_number":"33.2-414","catch_line":"Application to county roads","order_by":null,"url":"\/33.2-414\/"}],"refers_to":false,"permalink":{"id":206087,"object_type":"law","relational_id":68228,"identifier":"33.2-409","token":"33.2\/II\/4\/33.2-409","url":"\/33.2-409\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-409\/","token":"33.2\/II\/4\/33.2-409","dublin_core":{"Title":"Duty of owner or occupier of dam over which state highway passes; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-409","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Every owner or occupier of a dam over which a state highway<\/span> passes shall keep such dam in good order<\/span>, at least 12 feet wide at the top, and also keep in good order<\/span> the substructure of a bridge of like width over the pier heads, floodgates, or any wastecut through or around the dam, provided that when these requirements have been met, the superstructure of any such bridge shall be maintained by the Commissioner of Highways<\/span>. The Commissioner of Highways<\/span> shall inspect all such bridges and report any needed repairs to the owner in writing. If such owner fails to comply with the provisions of this chapter, he is guilty of a misdemeanor<\/span> punishable by a fine of $2 for every such failure of 24 hours. However, if a milldam is carried away or destroyed by flood or any other extraordinary natural cause, the owner or occupier thereof shall not be subject to such fine until one month after any mill operated in whole or in part by water impounded by such dam has been put into operation by such waterpower.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY OF OWNER OR OCCUPIER OF DAM OVER WHICH STATE HIGHWAY PASSES; PENALTY (\u00a7\n33.2-409)\n\nEvery owner or occupier of a dam over which a state highway passes shall keep\nsuch dam in good order, at least 12 feet wide at the top, and also keep in good\norder the substructure of a bridge of like width over the pier heads,\nfloodgates, or any wastecut through or around the dam, provided that when these\nrequirements have been met, the superstructure of any such bridge shall be\nmaintained by the Commissioner of Highways. The Commissioner of Highways shall\ninspect all such bridges and report any needed repairs to the owner in writing.\nIf such owner fails to comply with the provisions of this chapter, he is guilty\nof a misdemeanor punishable by a fine of $2 for every such failure of 24 hours.\nHowever, if a milldam is carried away or destroyed by flood or any other\nextraordinary natural cause, the owner or occupier thereof shall not be subject\nto such fine until one month after any mill operated in whole or in part by\nwater impounded by such dam has been put into operation by such waterpower.\n\nHISTORY: Code 1950, \u00a7 33-90; 1970, c. 322, \u00a7 33.1-176; 2014, c. 805.","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}}