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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 50. Virginia Soil And Water Conservation Board
Chapter 20. Impounding Structure Regulations
1/14/2026

4VAC50-20-501. Exemption from general permit requirements for certain low hazard potential impounding structures.

A. In accordance with § 10.1-605.3 of the Code of Virginia, should the failure of a low hazard potential impounding structure cause no expected loss of human life and no economic damage to any property except property owned by the impounding structure owner, the owner may choose to meet the following requirements instead of the requirements specified in the general permit for low hazard impounding structures:

1. A licensed professional engineer certifies that the impounding structure is a low hazard potential impounding structure that will cause no expected loss of human life and no economic damage to any property except property owned by the impounding structure owner;

2. The owner of an impounding structure shall notify the local emergency management coordinator in the event of a failure or emergency condition at the impounding structure; however, no emergency preparedness plan prepared pursuant to 4VAC50-20-177 shall be required; and

3. The owner of an impounding structure shall perform inspections of the impounding structure annually in accordance with the requirements of 4VAC50-20-105.

B. No specific spillway design flood is required for a dam that meets the criteria established in subsection A of this section, although the recommended minimum spillway design flood is a 50-year flood.

C. Any owner of an impounding structure electing to utilize the requirements of subsection A of this section shall otherwise comply with all other requirements of this chapter applicable to low hazard impounding structures.

D. The owner shall notify the department immediately of any change in circumstances that would cause the impounding structure to no longer qualify to utilize the provisions of this section.

E. No certificate or permit fee established in this chapter shall be applicable to the impounding structure.

Statutory Authority

§ 10.1-605.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

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