                                 CODE OF VIRGINIA

RIGHT OF ENTRY (§ 10.1-610)

A. The Board and its agents and employees shall have the right to enter any
property at reasonable times and under reasonable circumstances to perform such
inspections and tests or to take such other actions it deems necessary to
fulfill its responsibilities under this article, including the inspection of
dams that may be subject to this article, provided that the Board or its agents
or employees make a reasonable effort to obtain the consent of the owner of the
land prior to entry.

B. If entry is denied, the Board or its designated agents or employees may make
an affidavit under oath before any magistrate whose territorial jurisdiction
encompasses the property to be inspected or entered for a warrant authorizing
such investigation, tests or other actions. Such warrant shall issue if the
magistrate finds probable cause to believe that there is a dam on such property
which is not known to be safe. After issuing a warrant under this section, the
magistrate shall file the affidavit in the manner prescribed by &#xA7; 19.2-54.
After executing the warrant, the Board or its designated agents or employees
shall return the warrant to the clerk of the circuit court of the city or county
wherein the investigation was made.

HISTORY: 1982, c. 583, § 62.1-115.7; 1988, c. 891; 2005, c. 117; 2014, c. 354.