                                 CODE OF VIRGINIA

UNSAFE DAMS PRESENTING IMMINENT DANGER (§ 10.1-608)

When the Director determines that an unsafe dam constitutes an imminent danger
to life or property, he shall immediately notify the Department of Emergency
Management and the local emergency management coordinator for the locality where
the dam is located and confer with the owner. The owner of a dam found to
constitute an imminent danger to life or property shall take immediate
corrective action. If the owner does not take appropriate and timely action to
correct the danger found, the Governor shall have the authority to take
immediate appropriate action, without the necessity for a hearing, to remove the
imminent danger. Upon receiving authority from the Governor to take such
immediate appropriate action, the Department shall notify the locality in which
the dam is located. If such locality is able and agrees to take appropriate and
timely action to minimize the imminent danger on behalf of the Department, the
Director may issue an administrative order to the locality defining the actions
the locality is authorized to undertake on behalf of the Department and the
terms and conditions applicable to the delegated actions. The Attorney General
may bring an action against the owner of the impounding structure for the
Commonwealth&#8217;s expenses in removing the imminent danger. There shall be a
lien upon the owner&#8217;s real estate for the Commonwealth&#8217;s expenses in
removing the imminent danger. The owner may avoid the Commonwealth&#8217;s
costs, and recover any damages, upon proving that the dam was known to be safe
at the time such action was taken, and that the owner had provided or offered to
immediately provide such proof to the Director before the action complained of
was taken. Nothing herein shall in any way limit any authority existing under
the Emergency Services and Disaster Law (§ 44-146.13 et seq.).

HISTORY: 1982, c. 583, § 62.1-115.5; 1986, c. 9; 1988, c. 891; 2025, cc. 228,
241.