Part VII. General Permit for Low Hazard Potential Impounding Structure Requirements
4VAC50-20-500. Registering for coverage under the general permit.
A. Pursuant to § 10.1-605.3 of the Code of Virginia, the owner of a low hazard potential impounding structure shall apply for general permit coverage from the board in accordance with 4VAC50-20-502, except as provided for in 4VAC50-20-501.
B. Holders of a either a regular or conditional Operation and Maintenance Certificate for a low hazard potential impounding structure shall be transitioned to general permit coverage upon the expiration of the certificate. In lieu of a certificate renewal, registration coverage materials pursuant to 4VAC50-20-502 shall be submitted to the department 90 days prior to the expiration of the certificate.
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.
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.
4VAC50-20-502. General permit registration statement requirements.
A. A complete and accurate registration statement shall be filed by the dam owner in accordance with the requirements of this section prior to the issuance of coverage under the general permit.
B. A complete registration statement shall include the following:
1. The name and address of the owner;
2. The location of the impounding structure;
3. The height of the impounding structure;
4. The volume of water impounded;
5. An Emergency Preparedness Plan prepared in accordance with 4VAC50-20-177;
6. The results of a safety inspection conducted by a licensed professional engineer consistent with § 10.1-607 of the Code of Virginia upon initial application for a permit for any dams that are not currently operating under a Regular or Conditional Operation and Maintenance Certificate. For any dam that is transitioning from a Regular Operation and Maintenance Certificate and has had a safety inspection completed within the last six years, a safety inspection will not be required as part of the general permit registration statement. For any dam that is transitioning from a Conditional Operation and Maintenance Certificate and has had a safety inspection completed within the last two years, a safety inspection will not be required as part of the general permit registration statement.
7. The applicable fee for the processing of registration statements as set out in 4VAC50-20-375; and
8. A certification from the owner that the impounding structure (i) is classified as low hazard potential pursuant to a determination by the department or the owner's professional engineer in accordance with § 10.1-604.1 of the Code of Virginia and this chapter; (ii) is, to the best of the owner's knowledge, properly and safely constructed ; (iii) currently has no observable deficiencies or if deficiencies exist, such deficiencies shall be corrected in a timeframe and manner acceptable to the department; and iv shall be maintained and operated in accordance with the provisions of the general permit.
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.
4VAC50-20-503. General permit requirements for low hazard potential impounding structures.
Any impounding structure owner whose registration statement is approved by the board will receive the following permit and shall comply with the requirements in it.
General Permit No.: Dam Safety 1
Effective Date: (Date of Issuance of Coverage)
Expiration Date: (six years following Date of Issuance of Coverage)
GENERAL PERMIT FOR OPERATION OF A LOW HAZARD POTENTIAL IMPOUNDING STRUCTURE
In compliance with the provisions of the Dam Safety Act and attendant regulations, owners of an impounding structure covered by this permit are authorized to operate and maintain a low hazard potential impounding structure. The owner shall be subject to the following requirements as set forth in this general permit.
1. The spillway design of the owner's impounding structure shall be able to safely pass a 100-year flood. When no critical infrastructure, as defined in § 44.146.28:2 of the Code of Virginia, public highway, or any access to a public utility, as defined in § 56-232 of the Code of Virginia, is determined to be within the dam break inundation zone, the spillway design flood requirement may be further reduced to the 50-year flood if approved by the department.
2. The owner shall develop and maintain an Emergency Preparedness Plan in accordance with 4VAC50-20-177. The owner shall update and resubmit the Emergency Preparedness Plan immediately upon becoming aware of necessary changes to keep the plan workable.
3. The owner shall perform an annual inspection of the impounding structure. The owner shall maintain such records and make them available to the department upon request. The department also shall conduct inspections as necessary in accordance with 4VAC50-20-180.
4. The owner shall ensure that the impounding structure is properly and safely maintained and operated and shall have the following documents available for inspection upon request of the department:
a. An operating plan and schedule, including narrative on the operation of control gates and spillways and the impoundment drain;
b. For earthen embankment impounding structures, a maintenance plan and schedule for the embankment, principal spillway, emergency spillway, low-level outlet, impoundment area, downstream channel, and staff gages; and
c. For concrete impounding structures, a maintenance plan and schedule for the upstream face, downstream face, crest of dam, galleries, tunnels, abutments, spillways, gates and outlets, and staff gages.
5. The owner shall not permit growth of trees and other woody vegetation and shall remove any such vegetation from the slopes and crest of embankments and the emergency spillway area, and within a distance of 25 feet from the toe of the embankment and abutments of the dam.
6. The owner shall notify the department immediately of any change in circumstances that would cause the impounding structure to no longer qualify for coverage under the general permit. In the event of a failure or an imminent failure of the impounding structure, the owner shall immediately notify the local emergency management coordinator, the Virginia Department of Emergency Management, and the department. The department shall take actions in accordance with § 10.1-608 or 10.1-609 of the Code of Virginia, depending on the degree of hazard and the imminence of failure caused by the unsafe condition.
7. In order to qualify for the protections established in § 10.1-606.3 of the Code of Virginia, the owner shall file a dam break inundation zone map developed in accordance with 4VAC50-20-54 or provide the limits of the dam break inundation zone in an acceptable electronic format in accordance with 4VAC50-20-54 with the department and with the offices with plat and plan approval authority or zoning responsibilities as designated by the locality for each locality in which the dam break inundation zone resides.
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.
4VAC50-20-504. Issuance of general permit for low hazard potential impounding structures.
If the general permit registration statement submittal is found to be incomplete, the director shall inform the applicant within 30 days and shall explain what changes are required for an acceptable submission. Within 60 days of receipt of a complete registration statement, the board shall act upon the application. Upon finding that the impounding structure as currently operating is in compliance with this chapter, the board shall issue a general permit for low hazard potential impounding structures. Should the board find that the impounding structure as currently operating is not in compliance with this chapter, the board may deny the permit registration statement or issue a conditional general permit for low hazard potential impounding structures in accordance with 4VAC50-20-505.
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.
4VAC50-20-505. Conditional general permit for low hazard potential impounding structures.
A. During the review of any general permit for low hazard potential impounding structures issued in accordance with 4VAC50-20-502, should the director determine that the impounding structure has nonimminent deficiencies, the director may recommend that the board issue a conditional general permit for low hazard potential impounding structures.
B. Notwithstanding the provisions of 4VAC50-20-503, the conditional general permit for low hazard potential impounding structures shall be for a maximum term of two years. This permit will allow the owner to continue normal operation and maintenance of the impounding structure and shall require that the owner correct the deficiencies on a schedule approved by the board.
C. A conditional general permit for low hazard potential impounding structures may be extended provided that the owner submits a written request justifying an extension, the amount of time needed to comply with the requirements set out in the current conditional permit for low hazard potential impounding structures, and any required fees. The owner must have demonstrated substantial and continual progress toward meeting the requirements of the conditional permit for low hazard potential impounding structures in order to receive an extension.
D. Once the deficiencies are corrected, the board shall issue a general permit for low hazard potential impounding structures when the impounding structure meets the requirements of 4VAC50-20-502.
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.
4VAC50-20-506. Reapplying for general permit coverage for low hazard potential impounding structures.
A. Provided that an impounding structure's hazard potential classification does not change, an owner's coverage under the general permit shall be for a six-year term, after which time the owner shall reapply for coverage by filing a new registration statement and paying the necessary fee.
B. No less than 90 days prior to the expiration of the general permit, the owner shall submit a complete registration statement as established in 4VAC50-20-502.
C. No inspection of the impounding structure by a licensed professional engineer shall be required if the owner certifies at the time of general permit coverage renewal that conditions at the impounding structure and downstream are unchanged.
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.
4VAC50-20-507. Enforcement of general permit requirements for low hazard potential impounding structures.
Failure to comply with the provisions of the general permit issued in accordance with 4VAC50-20-503 or the provisions of a conditional general permit issued in accordance with 4VAC50-20-505 may result in enforcement actions pursued in accordance with the Dam Safety Act, including penalties assessed in accordance with §§ 10.1-609 and 10.1-613.1 of the Code of Virginia.
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.
4VAC50-20-508. Transfer of permits.
A. Prior to the transfer of ownership of a permitted impounding structure, the permittee shall notify the director in writing, and the new owner shall file a transfer notification with the department. A form for the transfer notification is available from the department. The new owner shall amend the existing permit application as necessary and shall certify to the director that the new owner is aware of and will comply with all of the requirements and conditions of the permit.
B. The transfer notification shall include the following required information:
1. Project information, including the name and inventory number of the structure and name of the reservoir;
2. Location of the impounding structure, including the city or county and the latitude and longitude;
3. Effective date and expiration date of the permit to be transferred;
4. Past owner's name, mailing address, and residential and business telephone numbers;
5. New owner's name, mailing address, and residential and business telephone numbers;
6. Request to transfer certification statement signed and dated by the past owner;
7. Certification of compliance with the permit terms and conditions signed and dated by the new owner; and
8. Contact information updates for the new owner, including name, mailing address, and residential and business telephone numbers.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.