                                 CODE OF VIRGINIA

DETERMINATION OF HAZARD POTENTIAL CLASSIFICATION (§ 10.1-604.1)

A. The hazard potential classification for an impounding structure shall be
determined by one of the following procedures:

   1. The owner of an impounding structure that does not currently hold a regular
   or conditional certificate from the Board or general permit in accordance with
   &#xA7; 10.1-605.3, or the owner of an impounding structure that is already
   under certificate or general permit in accordance with &#xA7; 10.1-605.3 but
   the owner believes that a condition has changed downstream of the impounding
   structure that may reduce its hazard potential classification, may request
   that the Department conduct a simplified dam break inundation zone analysis to
   determine whether the impounding structure has a low hazard potential
   classification. The owner shall pay 50 percent of the cost of the analysis. If
   the Department finds that the impounding structure has a low hazard potential
   classification, the owner shall be eligible for general permit coverage in
   accordance with &#xA7; 10.1-605.3. If the Department finds that the impounding
   structure appears to be a high or significant hazard potential structure, the
   owner&#8217;s engineer shall provide further analysis in accordance with
   &#xA7; 10.1-606.2 and the criteria set out in the Impounding Structure
   Regulations (4VAC50-20). The owner may be eligible for grant assistance in
   accordance with &#xA7; 10.1-603.19.

   2. The owner may propose a hazard potential classification that shall be
   subject to approval by the Board. To support the proposed hazard
   classification, an analysis shall be conducted by the owner&#8217;s engineer
   and shall comply with the criteria set out in the Impounding Structure
   Regulations (4VAC50-20). If the engineer finds that the impounding structure
   has a low hazard potential classification, the owner shall be eligible for
   general permit coverage in accordance with &#xA7; 10.1-605.3.
   				An impounding structure&#8217;s hazard potential classification&#8217;s
   determination shall include an analysis of those hazards created by flood and
   nonflood dam failures. In conducting the hazard potential classification, the
   Department or the owner&#8217;s engineer may utilize an incremental damage
   analysis. When considering the failure of the impounding structure under a
   flood condition, such engineers shall only consider those hazards that exceed
   those created by the flood event.

B. Any owner aggrieved by a decision of the Department regarding his impounding
structure shall have the right to judicial review of the final decision pursuant
to the provisions of the Administrative Process Act (&#xA7; 2.2-4000 et seq.).

C. The Board may adopt regulations in accordance with &#xA7; 10.1-605 to
establish a simplified methodology for dam break inundation zone analysis.

HISTORY: 2011, c. 637; 2025, cc. 228, 241.