                                 CODE OF VIRGINIA

REQUIREMENT FOR DEVELOPMENT IN DAM BREAK INUNDATION ZONES (§ 10.1-606.3)

A. For any development proposed within the boundaries of a dam break inundation
zone that has been mapped in accordance with &#xA7; 10.1-606.2, the locality
shall, as part of a preliminary plan review pursuant to &#xA7; 15.2-2260, or as
part of a plan review pursuant to &#xA7; 15.2-2259 if no preliminary review has
been conducted, (i) review the dam break inundation zone map or the limits of
the dam break inundation zone on file with the locality for the affected
impounding structure, (ii) notify the dam owner, and (iii) within 10 days
forward a request to the Department of Conservation and Recreation to make a
determination of the potential impacts of the proposed development on the
spillway design flood standards required of the dam. The Department shall notify
the dam owner and the locality of its determination within 45 days of the
receipt of the request. Upon receipt of the Department&#8217;s determination,
the locality shall complete the review in accordance with &#xA7; 15.2-2259 or
15.2-2260. If a locality has not received a determination within 45 days of the
Department&#8217;s receipt of the request, the Department shall be deemed to
have no comments, and the locality shall complete its review. Such inaction by
the Department shall not affect the Board&#8217;s authority to regulate the
impounding structure in accordance with this article.
			If the Department determines that the plan of development would change the
spillway design flood standards of the impounding structure, the locality shall
not permit development as defined in &#xA7; 15.2-2201 or redevelopment in the
dam break inundation zone unless the developer or subdivider agrees to alter the
plan of development so that it does not alter the spillway design flood standard
required of the impounding structure or he contributes payment to the necessary
upgrades to the affected impounding structure pursuant to &#xA7; 15.2-2243.1.
			The developer or subdivider shall provide the dam owner and all affected
localities with information necessary for the dam owner to update the dam break
inundation zone map to reflect any new development within the dam break
inundation zone following completion of the development.
			The requirements of this subsection shall not apply to any development
proposed downstream of a dam for which a dam break inundation zone map is not on
file with or the limits of the dam break inundation zone have not been provided
to the locality as of the time of the official submission of a development plan
to the locality.

B. The locality is authorized to map the dam break inundation zone in accordance
with criteria set out in the Virginia Impounding Structure Regulations
(4VAC50-20) and recover the costs of such mapping from the owner of an
impounding structure for which a dam break inundation zone map is not on file
with or the limits of the dam break inundation zone have not been provided to
the locality and a map has not been prepared by the impounding structure owner.

C. This section shall not be construed to supersede or conflict with the
authority granted to the Department of Energy for the regulation of mineral
extraction activities in the Commonwealth as set out in Title 45.2. Nothing in
this section shall be interpreted to permit the impairment of a vested right in
accordance with &#xA7; 15.2-2307.

HISTORY: 2008, c. 491; 2021, Sp. Sess. I, c. 532; 2025, cc. 228, 241.