{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-413.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-413.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-413.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-413.html"}],"law_id":58004,"edition_id":1,"section_id":58004,"structure_id":13610,"section_number":"33.2-413","catch_line":"When larger spillway required","history":"Code 1950, \u00a7 33-94; 1970, c. 322, \u00a7 33.1-180; 2014, c. 805.","full_text":"In case the earthen portion of a dam has been washed away and it is determined by the Commissioner of Highways that the washout was caused by a spillway of insufficient opening to carry floodwater, the dam shall not be restored for the purpose of impounding water unless the owner or occupier agrees with the Commissioner of Highways to the construction of a spillway with adequate opening, conforming to plans and specifications of the Department. In the event that such construction is required, the Commissioner of Highways shall be responsible for such part of the cost as would be necessary to provide a bridge with sufficient opening to carry the floodwater of the stream, and the owner or occupier of the dam shall be required to pay the difference in cost, if any, of providing adequate floodgates and spillways in addition to the bridge.","order_by":null,"text":{"0":{"id":212464,"text":"In case the earthen portion of a dam has been washed away and it is determined by the Commissioner of Highways that the washout was caused by a spillway of insufficient opening to carry floodwater, the dam shall not be restored for the purpose of impounding water unless the owner or occupier agrees with the Commissioner of Highways to the construction of a spillway with adequate opening, conforming to plans and specifications of the Department. In the event that such construction is required, the Commissioner of Highways shall be responsible for such part of the cost as would be necessary to provide a bridge with sufficient opening to carry the floodwater of the stream, and the owner or occupier of the dam shall be required to pay the difference in cost, if any, of providing adequate floodgates and spillways in addition to the bridge.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-413\/","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":78285,"section_number":"33.2-414","catch_line":"Application to county roads","order_by":null,"url":"\/33.2-414\/"}],"refers_to":false,"permalink":{"id":206103,"object_type":"law","relational_id":58004,"identifier":"33.2-413","token":"33.2\/II\/4\/33.2-413","url":"\/33.2-413\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-413\/","token":"33.2\/II\/4\/33.2-413","dublin_core":{"Title":"When larger spillway required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-413","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In case the earthen portion of a dam has been washed away and it is determined by the Commissioner of Highways<\/span> that the washout was caused by a spillway of insufficient opening to carry floodwater, the dam shall not be restored for the purpose of impounding water unless the owner or occupier agrees with the Commissioner of Highways<\/span> to the construction of a spillway with adequate opening, conforming to plans and specifications of the Department<\/span>. In the event that such construction is required, the Commissioner of Highways<\/span> shall be responsible for such part of the cost as would be necessary to provide a bridge with sufficient opening to carry the floodwater of the stream, and the owner or occupier of the dam shall be required to pay the difference in cost, if any, of providing adequate floodgates and spillways in addition to the bridge.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN LARGER SPILLWAY REQUIRED (\u00a7 33.2-413)\n\nIn case the earthen portion of a dam has been washed away and it is determined\nby the Commissioner of Highways that the washout was caused by a spillway of\ninsufficient opening to carry floodwater, the dam shall not be restored for the\npurpose of impounding water unless the owner or occupier agrees with the\nCommissioner of Highways to the construction of a spillway with adequate\nopening, conforming to plans and specifications of the Department. In the event\nthat such construction is required, the Commissioner of Highways shall be\nresponsible for such part of the cost as would be necessary to provide a bridge\nwith sufficient opening to carry the floodwater of the stream, and the owner or\noccupier of the dam shall be required to pay the difference in cost, if any, of\nproviding adequate floodgates and spillways in addition to the bridge.\n\nHISTORY: Code 1950, \u00a7 33-94; 1970, c. 322, \u00a7 33.1-180; 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}}