                                 CODE OF VIRGINIA

DUTY OF OWNER OR OCCUPIER OF DAM OVER WHICH STATE HIGHWAY PASSES; PENALTY (§
33.2-409)

Every owner or occupier of a dam over which a state highway passes shall keep
such dam in good order, at least 12 feet wide at the top, and also keep in good
order the substructure of a bridge of like width over the pier heads,
floodgates, or any wastecut through or around the dam, provided that when these
requirements have been met, the superstructure of any such bridge shall be
maintained by the Commissioner of Highways. The Commissioner of Highways shall
inspect all such bridges and report any needed repairs to the owner in writing.
If such owner fails to comply with the provisions of this chapter, he is guilty
of a misdemeanor punishable by a fine of $2 for every such failure of 24 hours.
However, if a milldam is carried away or destroyed by flood or any other
extraordinary natural cause, the owner or occupier thereof shall not be subject
to such fine until one month after any mill operated in whole or in part by
water impounded by such dam has been put into operation by such waterpower.

HISTORY: Code 1950, § 33-90; 1970, c. 322, § 33.1-176; 2014, c. 805.