                                 CODE OF VIRGINIA

USES NOT AFFECTED BY SCENIC RIVER DESIGNATION (§ 10.1-408)

A. Except as provided in &#xA7; 10.1-407, all riparian land and water uses along
or in the designated section of a river that are permitted by law shall not be
restricted by this chapter.

B. Designation as a scenic river shall not be used:

   1. To designate the lands along the river and its tributaries as unsuitable
   for mining pursuant to &#xA7; 45.2-1028 or regulations promulgated with
   respect to such section, or as unsuitable for use as a location for a surface
   mineral mine as defined in &#xA7; 45.2-1101; however, the Department shall
   still be permitted to exercise the powers granted under &#xA7; 10.1-402; or

   2. To be a criterion for purposes of imposing water quality standards under
   the federal Clean Water Act.

C. Nothing in this chapter shall preclude the federal government, the
Commonwealth, or a locality or local governing body from using, constructing,
reconstructing, replacing, repairing, operating, or performing necessary
maintenance on any road or bridge.

D. Nothing in &#xA7;  10.1-413, 10.1-414, or 10.1-418.6 shall preclude the
Commonwealth or a local governing body or authority from constructing,
reconstructing, operating, or performing necessary maintenance on any
transportation or public water supply project.

E. Nothing in this chapter shall preclude the continued:

   1. Use, operation, and maintenance of the existing Loudoun County Sanitation
   Authority water impoundment or the installation of new water intake facilities
   in the existing reservoir located within the section of Goose Creek designated
   by &#xA7; 10.1-411;

   2. Operation and maintenance of existing dams in the section of the
   Rappahannock River designated by &#xA7; 10.1-415;

   3. Operation, maintenance, alteration, expansion, or destruction by the City
   of Fredericksburg of the old VEPCO canal or any other part of the city&#8217;s
   waterworks; or

   4. Operation and maintenance of existing dams in the section of the Clinch
   River designated by &#xA7; 10.1-410.2.

F. The City of Richmond shall be allowed to reconstruct, operate, and maintain
existing facilities at the Byrd Park and Hollywood Hydroelectric Power Stations
at current capacity. Nothing in this chapter shall be construed to prevent the
Commonwealth, the City of Richmond, or any common carrier railroad from
constructing or reconstructing floodwalls or public common carrier facilities
that may traverse the section of the James River designated by &#xA7; 10.1-412,
such as road or railroad bridges, raw water intake structures, or water or sewer
lines that would be constructed below water level.

G. The owner of the Harvell Dam in the City of Petersburg may construct,
reconstruct, operate, and maintain the Harvell Dam subject to other law and
regulation.

H. Nothing in this chapter shall preclude the Commonwealth, the City of
Fredericksburg, or Culpeper, Spotsylvania, or Stafford County from constructing
any new raw water intake structures or devices, including pipes and reservoirs
but not dams, or laying water or sewer lines below water level.

I. Nothing in this chapter shall:

   1. Preclude the construction, operation, repair, maintenance, or replacement
   of (i) a natural gas pipeline for which the State Corporation Commission has
   issued a certificate of public convenience and necessity or any connections
   with such pipeline owned by the Richmond Gas Utility and connected to such
   pipeline or (ii) the natural gas pipeline, case number PUE 860065, for which
   the State Corporation Commission has issued a certificate of public
   convenience and necessity;

   2. Be construed to prevent the construction, use, operation, and maintenance
   of a natural gas pipeline (i) traversing the portion of the river designated
   by &#xA7; 10.1-411.1 at, or at any point north of, the existing power line
   that is located approximately 200 feet north of the northern entrance to the
   Swede Tunnel or (ii) on or beneath the two existing railroad trestles, one
   located just south of the Swede Tunnel and the other located just north of the
   confluence of the Guest River with the Clinch River, or to prevent the use,
   operation, and maintenance of such railroad trestles in furtherance of the
   construction, operation, use, and maintenance of such pipeline; or

   3. Preclude the construction, use, operation, maintenance, replacement, or
   removal of any asset owned or operated by an entity organized pursuant to
   Chapter 9.1 (&#xA7; 56-231.15 et seq.) of Title 56 traversing the portion of
   the river designated by &#xA7; 10.1-413 at or any point between the confluence
   of Allen&#8217;s Creek and the James River and the confluence of David Creek
   and the James River.

HISTORY: 1988, c. 891; 2014, c. 823; 2018, c. 273; 2020, cc. 306, 629; 2022, cc.
175, 235.