                                 CODE OF VIRGINIA

STATE AGENCY COMPLIANCE (§ 10.1-603)

A. All agencies and departments of the Commonwealth shall comply with the
following when undertaking development activities, including the construction or
rehabilitation of buildings and structures, on state-owned property located in a
flood plain:

   1. Adhere to all local flood plain management regulations as defined in &#xA7;
   10.1-600; or

   2. Receive formal approval from the Department regarding compliance with the
   applicable state standard for development in a flood plain, provided that such
   standard does not jeopardize a locality&#8217;s participation in the National
   Flood Insurance Program.

B. Compliance with the provisions of subsection A shall be documented and
provided in the form of a permit by the Department to the applicant prior to
preliminary design approval of a project by the Department of General Services,
if such approval by the Department of General Services is otherwise applicable.
If any changes are made to the preliminary design during the review conducted by
the Department of General Services, the Department of General Services will
coordinate with the Department to ensure the permit issued is still appropriate.

C. A permit may be issued by the Department if no feasible alternative to
development in a flood plain exists. However, such permit shall be issued only
if:

   1. Issuing the permit will not result in increased flood heights in excess of
   the state standard, additional threats to public safety, or extraordinary
   public expense;

   2. The development activities, including the construction or rehabilitation of
   a building or structure, is demonstrated to be a functionally dependent use,
   such as water treatment facilities, boat houses, fish hatcheries, or other
   similar uses;

   3. The facility is historic and requires repair or rehabilitation and it has
   been demonstrated that the proposed repair or rehabilitation will not preclude
   the facility&#8217;s continued designation as a historic structure and the
   permit is the minimum necessary to preserve the historic character and design
   of the facility; or

   4. The development activity is demonstrated to be necessary to protect public
   health, safety, and welfare.

D. If the Department does not issue a permit for a project, the Department of
General Services shall not approve such project.

E. The Department shall provide all permits in writing to the applicant and the
locality and shall maintain all documentation associated with permits issued by
the Department in perpetuity.

F. The Department may enter into a memorandum of understanding with a state
agency to outline procedures and processes to review proposed development
activities, including the construction or rehabilitation of buildings and
structures, on state-owned property located in a flood plain. A memorandum of
understanding with a state agency may also establish alternative approvals and
processes for compliance with the applicable state standard pursuant to
subsection A. Alternative approvals and processes may include the development
and issuance of permits by the Department for certain eligible activities.

HISTORY: 1977, c. 310, § 62.1-44.108; 1988, c. 891; 1989, cc. 468, 497; 2023,
cc. 762, 777.