Virginia Law

No one shall maintain a dam which unreasonably threatens the life or property of another. The Board shall cause safety inspections to be made of impounding structures on such schedule as it deems appropriate. The time of the initial inspection and the frequency of reinspection shall depend on such factors as the condition of the structure and its size, type, location and downstream hazard potential. The owners of dams found to have deficiencies which could threaten life or property if not corrected shall take the corrective actions needed to remove such deficiencies within a reasonable time. All safety inspections shall be conducted by or under the supervision of a licensed professional engineer. Each report shall bear the seal and signature of the licensed professional engineer responsible for the inspection. If required by the Board in response to actions taken pursuant to § 10.1-608 or 10.1-609, each safety inspection report shall include any identified corrective actions, include a plan to implement such actions, and bear the seal and signature of the licensed professional engineer responsible for the inspection.

The Board shall be responsible for the inspection and reinspection of flood control dams where the maintenance and operation of the dam is the responsibility of a soil and water conservation district and where the permit for operation of the impounding structure is held by such a district.

In response to any action taken pursuant to this section and § 10.1-608, the dam owner shall be responsible for ensuring that (i) the safety inspection of the impounding structure is conducted consistent with this section within 30 days of action being taken and (ii) the safety inspection report is provided to the Department within 30 days after the safety inspection is completed.

1982, c. 583, § 62.1-115.4; 1986, c. 209; 1988, c. 891; 2000, c. 14; 2025, cc. 228, 241.