                                 CODE OF VIRGINIA

WHEN LARGER SPILLWAY REQUIRED (§ 33.2-413)

In case the earthen portion of a dam has been washed away and it is determined
by the Commissioner of Highways that the washout was caused by a spillway of
insufficient opening to carry floodwater, the dam shall not be restored for the
purpose of impounding water unless the owner or occupier agrees with the
Commissioner of Highways to the construction of a spillway with adequate
opening, conforming to plans and specifications of the Department. In the event
that such construction is required, the Commissioner of Highways shall be
responsible for such part of the cost as would be necessary to provide a bridge
with sufficient opening to carry the floodwater of the stream, and the owner or
occupier of the dam shall be required to pay the difference in cost, if any, of
providing adequate floodgates and spillways in addition to the bridge.

HISTORY: Code 1950, § 33-94; 1970, c. 322, § 33.1-180; 2014, c. 805.