Administrative Code

Virginia Administrative Code
11/28/2021

Part VI. Fees

4VAC50-20-340. Authority to establish fees.

Under § 10.1-613.5 of the Code of Virginia, the board is authorized to establish and collect application fees to be used for the administration of the dam safety program, including actions taken in accordance with §§ 10.1-608, 10.1-609, and 10.1-613 of the Code of Virginia. The fees will be deposited into the Dam Safety Administrative Fund.

Statutory Authority

§ 10.1-605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended, Virginia Register Volume 29, Issue 2, eff. November 8, 2012.

4VAC50-20-350. Fee submittal procedures.

A. Effective September 26, 2008, fees for all application submittals required pursuant to 4VAC50-20-370 through 4VAC50-20-390 are due prior to issuance of a certificate or permit. No application for an Operation and Maintenance Certificate or a Construction Permit will be acted upon by the board without full payment of the required fee per § 10.1-613.5 of the Code of Virginia.

B. Fees shall be paid by check, draft or postal money order payable to the Treasurer of Virginia, or submitted electronically (if available), and must be in U.S. currency, except that agencies and institutions of the Commonwealth of Virginia may submit Interagency Transfers for the amount of the fee. All fees shall be sent to the following address (or submitted electronically, if available): Virginia Department of Conservation and Recreation, Division of Finance, Accounts Payable, 203 Governor Street, 4th Floor, Richmond, Virginia 23219.

C. All fee payments shall be accompanied by the following information:

1. Applicant name, address and daytime phone number.

2. The name of the impounding structure, and the impounding structure location.

3. The type of application or report submitted.

4. Whether the submittal is for a new permit or certificate issuance or permit or certificate reissuance.

5. The amount of fee submitted.

6. Impounding structure identification number, if applicable.

D. No permit fees remitted to the department shall be subject to refund except as credits provided for in 4VAC50-20-390 C.

Statutory Authority

§ 10.1-605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-360. Fee exemptions.

Impounding structures owned by Virginia Soil and Water Conservation Districts shall be exempt from all fees associated with this part in accordance with § 10.1-613.5 of the Code of Virginia. There will be no fee assessed for a low hazard impounding structure exempted from fees pursuant to 4VAC50-20-51 or for the decommissioning of an impounding structure.

Statutory Authority

§ 10.1-605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-370. Construction Permit application fees.

A. Any application form submitted pursuant to 4VAC50-20-70 for permitting a proposed impounding structure construction after September 26, 2008, shall be accompanied by a payment as determined in subsection B of this section.

B. Fees shall be as follows:

1. $2,500 for High or Significant Hazard Potential impounding structures.

2. $1,000 for Low Hazard Potential impounding structures.

Statutory Authority

§ 10.1-605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-375. Fee for coverage under the general permit for low hazard impounding structures.

The fee for processing registration statements from impounding structure owners seeking to obtain coverage under the general permit for low hazard impounding structures shall be $300.

Statutory Authority

§ 10.1-605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012.

4VAC50-20-380. Regular Operation and Maintenance Certificate application fees.

A. Any application for a six-year Regular Operation and Maintenance Certificate after September 26, 2008, except as otherwise exempted, shall be accompanied by a payment as determined in subsection B of this section.

B. Fees for High, Significant, or Low Hazard Potential impounding structures shall be as follows:

1. $600 for High Hazard Potential.

2. $600 for Significant Hazard Potential.

3. $300 for Low Hazard Potential.

C. Fees for extension of Regular Operation and Maintenance Certificates shall be $250 per year or portion thereof.

Statutory Authority

§ 10.1-605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-390. Conditional Operation and Maintenance Certificate application fees.

A. Fees for issuance of a Conditional Operation and Maintenance Certificate shall be as follows:

1. For a certificate for more than one year but no more than two years: $300.

2. For a certificate for one year or less: $150.

B. The fee for an extension of a Conditional Operation and Maintenance Certificate shall be $250 per year or portion thereof.

C. The board may allow a partial credit towards the Regular Operation and Maintenance Certificate fee if the owner of the impounding structure has completed, to the director's satisfaction, the conditions of the Conditional Certificate prior to its expiration.

Statutory Authority

§ 10.1-605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-395. Simplified dam break inundation zone analysis fee.

Pursuant to authority provided in § 10.1-604.1 A 1 of the Code of Virginia and in accordance with 4VAC50-20-40 C, when the department receives a request from the owner of a dam to conduct a simplified dam break inundation zone analysis, the owner shall submit a fee of $2,000 prior to the department conducting such analysis. The fee shall be submitted in accordance with 4VAC50-20-350 B and C as applicable. The fee shall be deposited into the Dam Safety Administrative Fund to be used to cover the partial cost of such analysis. Once the analysis has commenced, no analysis fee remitted to the department shall be subject to refund.

If the department attains additional efficiencies in its analysis process, the department is authorized to reduce this fee to a level commensurate with the costs.

Statutory Authority

§ 10.1-605 of the Code of Virginia.

Historical Notes

Historical Notes          Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012.

4VAC50-20-400. Incremental Damage Analysis review fees.

Should the department determine that outside expertise to assist with the review of an incremental damage analysis is necessary, the applicant shall be responsible for the cost of such outside expertise. Such costs shall be agreed upon in advance by the department and the applicant.

Statutory Authority

§ 10.1-605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.