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VA:10.1-606
|
10.1-606
|
Local advisory committee
|
<p>When requested by the governing body of any affected county or city, the Board shall provide for the creation of a local advisory committee to advise the Board on impoundments within that locality. The advisory committee shall include, but not be limited to, representation of the owner and each affected county or city. Prior to the issuance of any permits under this article, the Board shall advise any existing local advisory committee of any affected jurisdiction for which a permit is being sought, and request comments from the committee on the permit application. No permit shall be issued until at least sixty days after such a local advisory committee has been so advised.</p><p>1982, c. 583, § 62.1-115.3; 1984, c. 240; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-606/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-606.1
|
10.1-606.1
|
Repealed
|
<p>Repealed by Acts 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0491'>491</a>, cl. 2.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-606.1/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-606.2
|
10.1-606.2
|
Mapping of dam break inundation zones
|
<p>A. An owner of an impounding structure shall prepare a map of the dam break inundation zone or provide the limits of the dam break inundation zone in an acceptable electronic format for the impounding structure in accordance with criteria set out in the Virginia Impounding Structure Regulations (4VAC50-20). Existing maps prepared by the locality in accordance with these regulations may be used for this purpose.</p><p>B. All maps or limits of the inundation zone prepared in accordance with subsection A shall be filed with the Department, the local emergency management coordinator as designated by the locality, and 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.</p><p>C. Owners of impounding structures may be eligible for matching grants from the Dam Safety, Flood Prevention and Protection Assistance Fund and other sources of funding available to the Director to assist in the development of dam break inundation zone maps and for conducting incremental damage assessments in accordance with the Virginia Impounding Structure Regulations.</p><p>D. All properties identified within the dam break inundation zone shall be incorporated by the owner into the dam safety emergency action plan of that impounding structure so as to ensure the proper notification of persons downstream and other affected persons or property owners in the event of an emergency condition at the impounding structure.</p><p>2008, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0491'>491</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2000/text/CHAP0228'>228</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB857/text/CHAP0241'>241</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-606.2/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-606.3
|
10.1-606.3
|
Requirement for development in dam break inundation zones
|
<p>A. For any development proposed within the boundaries of a dam break inundation zone that has been mapped in accordance with § <a href='/vacode/10.1-606.2/'>10.1-606.2</a>, the locality shall, as part of a preliminary plan review pursuant to § <a href='/vacode/15.2-2260/'>15.2-2260</a>, or as part of a plan review pursuant to § <a href='/vacode/15.2-2259/'>15.2-2259</a> if no preliminary review has been conducted, (i) review the dam break inundation zone map or the limits of the dam break inundation zone on file with the locality for the affected impounding structure, (ii) notify the dam owner, and (iii) within 10 days forward a request to the Department of Conservation and Recreation to make a determination of the potential impacts of the proposed development on the spillway design flood standards required of the dam. The Department shall notify the dam owner and the locality of its determination within 45 days of the receipt of the request. Upon receipt of the Department's determination, the locality shall complete the review in accordance with § <a href='/vacode/15.2-2259/'>15.2-2259</a> or <a href='/vacode/15.2-2260/'>15.2-2260</a>. If a locality has not received a determination within 45 days of the Department's receipt of the request, the Department shall be deemed to have no comments, and the locality shall complete its review. Such inaction by the Department shall not affect the Board's authority to regulate the impounding structure in accordance with this article.</p><p>If the Department determines that the plan of development would change the spillway design flood standards of the impounding structure, the locality shall not permit development as defined in § <a href='/vacode/15.2-2201/'>15.2-2201</a> or redevelopment in the dam break inundation zone unless the developer or subdivider agrees to alter the plan of development so that it does not alter the spillway design flood standard required of the impounding structure or he contributes payment to the necessary upgrades to the affected impounding structure pursuant to § <a href='/vacode/15.2-2243.1/'>15.2-2243.1</a>.</p><p>The developer or subdivider shall provide the dam owner and all affected localities with information necessary for the dam owner to update the dam break inundation zone map to reflect any new development within the dam break inundation zone following completion of the development.</p><p>The requirements of this subsection shall not apply to any development proposed downstream of a dam for which a dam break inundation zone map is not on file with or the limits of the dam break inundation zone have not been provided to the locality as of the time of the official submission of a development plan to the locality.</p><p>B. The locality is authorized to map the dam break inundation zone in accordance with criteria set out in the Virginia Impounding Structure Regulations (4VAC50-20) and recover the costs of such mapping from the owner of an impounding structure for which a dam break inundation zone map is not on file with or the limits of the dam break inundation zone have not been provided to the locality and a map has not been prepared by the impounding structure owner.</p><p>C. This section shall not be construed to supersede or conflict with the authority granted to the Department of Energy for the regulation of mineral extraction activities in the Commonwealth as set out in Title 45.2. Nothing in this section shall be interpreted to permit the impairment of a vested right in accordance with § <a href='/vacode/15.2-2307/'>15.2-2307</a>.</p><p>2008, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0491'>491</a>; 2021, Sp. Sess. I, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0532'>532</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2000/text/CHAP0228'>228</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB857/text/CHAP0241'>241</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-606.3/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-606.4
|
10.1-606.4
|
Notice to the public
|
<p>A. When applying to the Department for a permit under the Virginia Impounding Structure Regulations (<a href='http://law.lis.virginia.gov/admincode/title4/agency50/chapter20/'>4VAC50-20</a>) to construct a new high or significant hazard potential impounding structure, the applicant shall provide localities that lie within the inundation zone with copies of the construction permit request and the dam break inundation zone map.</p><p>B. When submitting the application to the Department, the permit applicant shall publish a notice in a newspaper of general circulation in the affected localities summarizing the permit request and providing the address of locations where copies of the construction permit request and the dam break inundation zone map may be examined. The applicant shall provide copies of the published notice to the Department and to the local government offices with plat and plan approval authority or zoning responsibilities as designated by the locality.</p><p>C. The Department may hold, on behalf of the Virginia Soil and Water Conservation Board, a public hearing on safety issues associated with the construction permit application for the impounding structure.</p><p>D. The Department may require a permit applicant to provide other forms of reasonable notice, such as the placement of a sign on the proposed site, to ensure that affected parties have been informed.</p><p>E. The permit applicant shall send, by certified mail, to each property owner within the dam break inundation zone, a summary of the permit request and the addresses of locations where the map of the dam break inundation zone may be viewed. In the case of a condominium or cooperative, such information shall be sent to each property owner or the owners' association. The permit applicant may rely upon real estate assessment records to identify property owners. If requested by the Department, the applicant shall provide a list of the persons to whom notice has been sent.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0491'>491</a>; 2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0637'>637</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-606.4/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-607
|
10.1-607
|
Safety inspections
|
<p>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 § <a href='/vacode/10.1-608/'>10.1-608</a> or <a href='/vacode/10.1-609/'>10.1-609</a>, 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.</p><p>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.</p><p>In response to any action taken pursuant to this section and § <a href='/vacode/10.1-608/'>10.1-608</a>, 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.</p><p>1982, c. 583, § 62.1-115.4; 1986, c. 209; 1988, c. 891; 2000, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0014'>14</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2000/text/CHAP0228'>228</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB857/text/CHAP0241'>241</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-607/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-607.1
|
10.1-607.1
|
Criteria for designating a dam as unsafe
|
<p>A. Designation of a dam as unsafe shall be based on one or more of the following findings:</p><p>1. The dam has serious deficiencies in its design or construction or has a physical condition that if left unaddressed could result in a failure that may result in loss of life or significant damage to downstream property.</p><p>2. The design, construction, operation, or maintenance of the dam is such that its expected performance during flooding conditions threatens the structural integrity of the dam.</p><p>B. After completion of the safety inspections pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-607/'>10.1-607</a>, or as otherwise informed of an unsafe condition, the Department shall take actions in accordance with § <a href='http://law.lis.virginia.gov/vacode/10.1-608/'>10.1-608</a> or <a href='http://law.lis.virginia.gov/vacode/10.1-609/'>10.1-609</a> depending on the degree of hazard and imminence of failure caused by the unsafe condition.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0030'>30</a>; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0270'>270</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-607.1/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-608
|
10.1-608
|
Unsafe dams presenting imminent danger
|
<p>When the Director determines that an unsafe dam constitutes an imminent danger to life or property, he shall immediately notify the Department of Emergency Management and the local emergency management coordinator for the locality where the dam is located and confer with the owner. The owner of a dam found to constitute an imminent danger to life or property shall take immediate corrective action. If the owner does not take appropriate and timely action to correct the danger found, the Governor shall have the authority to take immediate appropriate action, without the necessity for a hearing, to remove the imminent danger. Upon receiving authority from the Governor to take such immediate appropriate action, the Department shall notify the locality in which the dam is located. If such locality is able and agrees to take appropriate and timely action to minimize the imminent danger on behalf of the Department, the Director may issue an administrative order to the locality defining the actions the locality is authorized to undertake on behalf of the Department and the terms and conditions applicable to the delegated actions. The Attorney General may bring an action against the owner of the impounding structure for the Commonwealth's expenses in removing the imminent danger. There shall be a lien upon the owner's real estate for the Commonwealth's expenses in removing the imminent danger. The owner may avoid the Commonwealth's costs, and recover any damages, upon proving that the dam was known to be safe at the time such action was taken, and that the owner had provided or offered to immediately provide such proof to the Director before the action complained of was taken. Nothing herein shall in any way limit any authority existing under the Emergency Services and Disaster Law (§ <a href='/vacode/44-146.13/'>44-146.13</a> et seq.).</p><p>1982, c. 583, § 62.1-115.5; 1986, c. 9; 1988, c. 891; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2000/text/CHAP0228'>228</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB857/text/CHAP0241'>241</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-608/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-609
|
10.1-609
|
Unsafe dams presenting nonimminent danger; civil penalty
|
<p>A. Within 30 days after completion of a safety inspection of an impounding structure by the dam owner's licensed professional engineer in accordance with § <a href='/vacode/10.1-607/'>10.1-607</a>, the owner shall submit to the Board a plan, consistent with regulations adopted pursuant to § <a href='/vacode/10.1-605/'>10.1-605</a>, to address the recommendations for correcting any deficiencies found at the impounding structure and shall include a schedule for implementing such recommendations. The Board shall determine if the submitted plan and schedule are sufficient to address the deficiencies. If an owner fails or refuses to commence or diligently implement the recommendations for correction of deficiencies according to the schedule contained in the plan, the Director shall have the authority to issue an administrative order directing the owner to commence implementation and completion of such recommendations according to the schedule contained in the plan with modifications as appropriate. Such order may include a civil penalty of up to $500 per day, with the maximum amount not to exceed $25,000. The civil penalty may be in addition to, or in lieu of, any other forfeitures, remedies, or penalties authorized by law. When setting the civil penalty amount, the Director shall consider (i) the nature, duration, and number of previous instances of failure by the dam owner to comply with requirements of law relating to dam safety and the Board's regulations and orders; (ii) the efforts of the dam owner to correct deficiencies or other instances of failure to comply with the requirements of law relating to dam safety and the Board's regulations and orders that are the subject of the proposed penalty; (iii) the cost of carrying out actions required to meet the requirements of this article and the Board's regulations and orders; (iv) the hazard classification of the dam; and (v) any other factors that the Department deems appropriate. The Director shall suspend the civil penalties if the dam owner complies with the administrative order and any conditions in the schedule of compliance contained in such order.</p><p>B. Within 30 days after being served by personal service or by mail with a copy of an order issued pursuant to this section, any owner shall have the right to petition the Board for a hearing. A timely filed petition shall stay the effect of the administrative order.</p><p>The hearing shall be conducted before the Board or a designated member thereof pursuant to § <a href='/vacode/2.2-4019/'>2.2-4019</a>. The Board shall have the authority to affirm, modify, amend or cancel the administrative order. Any owner aggrieved by a decision of the Board after a hearing shall have the right to judicial review of the final Board decision pursuant to the provisions of the Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.).</p><p>C. The provisions of subsection A of this section notwithstanding, if the Director determines, after the plan is submitted, that changed circumstances justify reclassifying the deficiencies of an impounding structure as an imminent danger to life or property, the Director may proceed directly under § <a href='/vacode/10.1-613/'>10.1-613</a> for enforcement of his order, and the owner shall have the opportunity to contest the fact based upon which the administrative order was issued.</p><p>D. The Director, upon a determination that there is an unsafe condition at an impounding structure, is authorized to cause the lowering or complete draining of such impoundment until the unsafe condition has been corrected at the owner's expense and prior to any authorization to refill.</p><p>An owner who fails to comply with the provisions contained in an administrative order of the Department shall be subject to procedures set out in § <a href='/vacode/10.1-613/'>10.1-613</a> and the penalties authorized under § <a href='/vacode/10.1-613.1/'>10.1-613.1</a>.</p><p>E. If any civil penalty has not been paid within 60 days after the Board's final decision or a court order has been served on the owner, the Board shall request the Attorney General to bring a civil action against such owner in an appropriate court for appropriate relief.</p><p>F. Civil penalties assessed under this section shall be paid into the Dam Safety, Flood Prevention and Protection Assistance Fund established in § <a href='/vacode/10.1-603.17/'>10.1-603.17</a> and be used for the administration of the dam safety program, including for the repair and maintenance of impounding structures.</p><p>G. No persons, other than those authorized to maintain an impounding structure, shall interfere with the operation of an impounding structure.</p><p>1982, c. 583, § 62.1-115.6; 1986, cc. 9, 615; 1988, c. 891; 1999, c. <a href='https://legacylis.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0110 '>110</a>; 2006, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0030'>30</a>; 2010, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0270'>270</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2000/text/CHAP0228'>228</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB857/text/CHAP0241'>241</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-609/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-609.1
|
10.1-609.1
|
Installation of IFLOWS gauges
|
<p>A soil and water conservation district responsible for the maintenance and operation of a flood control dam shall be permitted to install Integrated Flood Observing and Warning Systems (IFLOWS) gauges and associated equipment, or a device approved by the Department of Emergency Management, while awaiting funds to make structural modifications to correct emergency spillway capacity deficiencies in the dam, identified by the Board in a report issued pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-609/'>10.1-609</a>, when any of the following conditions exist: (i) funds are not available to make such structural modifications to the dam, (ii) the completion of such structural modifications requires the acquisition of additional property or easements by exercise of the power of eminent domain, or (iii) funds for the IFLOWS equipment or an equivalent device have been appropriated by the General Assembly. Installation of IFLOWS gauges or similar devices shall not affect the regulated status of the dam under the Virginia Dam Safety Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-604/'>10.1-604</a> et seq.). Any IFLOWS gauges and associated equipment shall be installed in a manner approved by the Department of Emergency Management and shall be operated and maintained by the Department of Emergency Management.</p><p>1993, c. 709.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-609.1/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-609.2
|
10.1-609.2
|
Prohibited vegetation; certain wetland vegetation allowed
|
<p>A. Dam owners shall not permit the 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.</p><p>B. The provisions of subsection A shall not apply to wetland vegetation, including woody shrubs, trees, and plants, that is growing on a permanent aquatic or safety bench that has been added to the upstream embankment slope of a regulated impounding structure if such vegetation is associated with a wetland mitigation bank or in-lieu fee site that (i) has been approved by the U.S. Army Corps of Engineers and the Department of Environmental Quality and (ii) is the subject of a restrictive covenant or other permanent instrument that specifically protects the particular wetland vegetation from removal and is recorded among the land records of the locality. However, the Department may require the dam owner to remove trees by flush cutting unless the Department determines on the basis of site-specific information that the grubbing of roots is necessary to protect the integrity of the dam in a particular case.</p><p>C. Owners failing to maintain their dam in accordance with this section shall be subject to enforcement pursuant to § <a href='/vacode/10.1-613/'>10.1-613</a>.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0030'>30</a>; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0148'>148</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-609.2/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-610
|
10.1-610
|
Right of entry
|
<p>A. The Board and its agents and employees shall have the right to enter any property at reasonable times and under reasonable circumstances to perform such inspections and tests or to take such other actions it deems necessary to fulfill its responsibilities under this article, including the inspection of dams that may be subject to this article, provided that the Board or its agents or employees make a reasonable effort to obtain the consent of the owner of the land prior to entry.</p><p>B. If entry is denied, the Board or its designated agents or employees may make an affidavit under oath before any magistrate whose territorial jurisdiction encompasses the property to be inspected or entered for a warrant authorizing such investigation, tests or other actions. Such warrant shall issue if the magistrate finds probable cause to believe that there is a dam on such property which is not known to be safe. After issuing a warrant under this section, the magistrate shall file the affidavit in the manner prescribed by § <a href='http://law.lis.virginia.gov/vacode/19.2-54/'>19.2-54</a>. After executing the warrant, the Board or its designated agents or employees shall return the warrant to the clerk of the circuit court of the city or county wherein the investigation was made.</p><p>1982, c. 583, § 62.1-115.7; 1988, c. 891; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0117'>117</a>; 2014, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0354'>354</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-610/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-610.1
|
10.1-610.1
|
Monitoring progress of work
|
<p>A. During the maintenance, construction, or alteration of any dam or reservoir, the Department shall make periodic inspections for the purpose of securing conformity with the approved plans and specifications. The Department shall require the owner to perform at his expense such work or tests as necessary to obtain information sufficient to enable the Department to determine whether conformity with the approved plans and specifications is being secured.</p><p>B. If, after any inspections, investigations, or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval, it is found by the Director that project modifications or changes are necessary to ensure conformity with the approved plans and specifications, the Director may issue an administrative order to the owner to comply with the plans and specifications. Within 15 calendar days after being served by personal service or by mail with a copy of an order issued pursuant to this section, any owner shall have the right to petition the Board for a hearing. A timely filed petition shall stay the effect of the administrative order. The hearing shall be conducted before the Board or a designated member of the Board pursuant to § <a href='http://law.lis.virginia.gov/vacode/2.2-4019/'>2.2-4019</a>. The Board shall have the authority to affirm, modify, amend, or cancel the administrative order. Any owner aggrieved by a decision of the Board after a hearing shall have the right to judicial review of the final Board decision pursuant to the provisions of the Administrative Process Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4000/'>2.2-4000</a> et seq.).</p><p>C. Following the Board hearing, subject to judicial review of the final decision of the Board, if conditions are revealed that will not permit the construction of a safe dam or reservoir, the certificate of approval may be revoked. As part of the revocation, the Board may compel the owner to remove the incomplete structure sufficiently to eliminate any safety hazard to life or property.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0030'>30</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-610.1/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-611
|
10.1-611
|
Dam safety coordination
|
<p>The Board shall coordinate all impoundment safety activities in the Commonwealth, which shall include, but not be limited to: (i) the maintenance of an inventory of all impoundment structures and of all other similar structures that are not regulated under this article to the extent the Board deems necessary; (ii) the maintenance of a repository for record drawings of all such structures to the extent the Board deems necessary; (iii) the maintenance of an inventory of safety inspection reports for each such structure to the extent the Board deems necessary; and (iv) the maintenance of a secondary repository for all dam safety emergency action plans, which are primarily filed with the Department of Emergency Management. The Board shall consult with the Department of Emergency Management in its planning for impoundment safety and shall provide technical assistance in the preparation, updating, and execution of dam safety emergency action plans. It shall establish uniform maintenance-of-records requirements and uniform inspection standards to be applied to all impounding structures in the Commonwealth and to be recommended for all other similar structures. It may inspect or cause to be inspected state-owned or state-licensed dams on a cost-reimbursable basis at the request of the state agency owning the state-owned dam or of the licensor of the state-licensed dam.</p><p>1982, c. 583, § 62.1-115.8; 1986, c. 9; 1988, c. 891; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0070'>70</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0230'>230</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-611/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-611.1
|
10.1-611.1
|
Soil and Water Conservation District Dam Maintenance, Repair, and Rehabilitation Fund established; Department to manage; Board to expend moneys; regulations
|
<p>A. There is hereby created in the state treasury a special nonreverting fund to be known as the Soil and Water Conservation District Dam Maintenance, Repair, and Rehabilitation Fund, hereafter referred to as "the Fund." The Fund shall be comprised of moneys appropriated to the Fund by the General Assembly and any other moneys designated for deposit to the Fund from any source, public or private. The Fund shall be established on the books of the Comptroller and the moneys shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for (i) the maintenance and repair of any dams owned by soil and water conservation districts and (ii) the rehabilitation and major repair of Class I and Class II dams owned by soil and water conservation districts, in order to bring such dams into compliance with regulations promulgated pursuant to Article 2 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-604/'>10.1-604</a> et seq.) of Chapter 6 of this title. Expenditures from the Fund made under clause (ii) of this subsection may include, but are not limited to, the following repairs to the infrastructure of a dam: increasing the height of a dam, modifying the spillway, and reducing wave erosion of a dam's inside face. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department of Conservation and Recreation.</p><p>B. The Fund shall be administered and managed by the Department of Conservation and Recreation, subject to the right of the Board, following consultation with the Department of Conservation and Recreation, to direct the distribution of moneys in the Fund to particular soil and water conservation districts.</p><p>C. The Board is authorized to promulgate regulations for the proper administration of the Fund. Such regulations may include, but are not limited to, the type and amount of financial assistance, the terms and conditions of the assistance, and project eligibility criteria.</p><p>1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0356'>356</a>; 2000, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0023'>23</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0205'>205</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-611.1/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-612
|
10.1-612
|
Technical Advisory Committee
|
<p>The Board shall establish an Impoundment Safety Technical Advisory Committee to provide technical review. The Committee may make recommendations to the Board.</p><p>1982, c. 583, § 62.1-115.9; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-612/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-612.1
|
10.1-612.1
|
Temporary stop work order; hearing; injunctive relief
|
<p>A. The Director may issue a temporary stop work order on a construction or alteration project if he finds that an owner is constructing or altering a dam without having first obtained the necessary certificate of approval, or if the activities are not in accordance with approved plans and specifications. The order shall include written notice to the owner of the date, time, and location where the owner may appear at a hearing before the Board or a designated member thereof pursuant to § <a href='/vacode/2.2-4019/'>2.2-4019</a> to show cause why the temporary order should be vacated. The hearing shall be held within 30 calendar days of the date of the order, unless the owner consents to a longer period.</p><p>B. Following the hearing, the Board may affirm or cancel the temporary order and may issue a final order directing that immediate steps be taken to abate or ameliorate any harm or damage arising from the violation. The owner may seek judicial review of the final decision of the Board pursuant to the provisions of the Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.).</p><p>C. If the violation continues after the Board has issued a final decision and order pursuant to subsection B or a temporary order issued by the Director pursuant to subsection A, the Board may apply for an injunction from the appropriate court. A decision to seek injunctive relief does not preclude other forms of relief, enforcement, or penalties against the owner.</p><p>2006, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0030'>30</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2000/text/CHAP0228'>228</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB857/text/CHAP0241'>241</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-612.1/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-613
|
10.1-613
|
Enforcement
|
<p>Any person or legal entity failing or refusing to comply with an order issued pursuant to this article may be compelled to comply with the order in a proceeding instituted in any appropriate court by the Board. The Board shall bring suit in the name of the Commonwealth in any court of competent jurisdiction to enjoin the unlawful construction, modification, operation, or maintenance of any dam regulated under this article. Such court may require the removal or modification of any such dam by mandatory injunction. If the court orders the removal of the dam, the owner shall be required to bear the expenses of such removal.</p><p>Should the Board be required to implement and carry out the action, the Board shall charge the owner for any expenses associated with the action, and if the repayment is not made within 90 days after written demand, the Board may bring an action in the proper court to recover this expense. The Board shall file an action in the court having jurisdiction over any owner or the owner's property for the recovery of such costs. A lien in the amount of such costs shall be automatically created on all property owned by any such owner at or proximate to such dam or reservoir.</p><p>1982, c. 583, § 62.1-115.10; 1988, c. 891; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0030'>30</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-613/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-613.1
|
10.1-613.1
|
Criminal penalties
|
<p>A. It is unlawful for any owner to knowingly:</p><p>1. Operate, construct, or alter a dam without an approval as provided in this article;</p><p>2. Violate the terms of an approval, order, regulation, or requirement of the Board or Director under this article; or</p><p>3. Obstruct, hinder, or prevent the Board or its designated agents or employees from performing duties under this article.</p><p>A violation of any provision of this subsection or this article is a Class 3 misdemeanor.</p><p>B. Each day that any such violation occurs after notice of the original violation is served upon the violator by the Board or its designated agents or employees by registered mail shall constitute a separate offense. Upon conviction, the violator is subject to a fine not exceeding $500 per day for each day of the offense, not to exceed a total fine of $25,000, with costs imposed at the discretion of the court. In determining the amount of the penalty, the appropriate court shall consider the degree of harm to the public; whether the violation was knowing or willful; the past conduct of the defendant; whether the defendant should have been on notice of the violation; whether the defendant has taken steps to cease, remove, or mitigate the violation; and any other relevant information.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0030'>30</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-613.1/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-613.2
|
10.1-613.2
|
Repealed
|
<p>Repealed by Acts 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2000/text/CHAP0228'>228</a> and <a href='https://lis.virginia.gov/bill-details/20251/SB857/text/CHAP0241'>241</a>, cl. 2, effective July 1, 2025</p><p><br></p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-613.2/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-613.3
|
10.1-613.3
|
No liability of Board, Department, employees, or agents
|
<p>An owner may not bring an action against the Commonwealth, the Board, the Department, or agents or employees of the Commonwealth for the recovery of damages caused by the partial or total failure of a dam or reservoir, or by the operation of a dam or reservoir, or by an act or omission in connection with:</p><p>1. Approval of the construction, alteration, or maintenance of a dam or reservoir, or approval of flood-operations plans during or after construction;</p><p>2. Issuance or enforcement of orders relating to maintenance or operation of the dam or reservoir;</p><p>3. Control or regulation of the dam or reservoir;</p><p>4. Measures taken to protect against failure of the dam or reservoir during an emergency;</p><p>5. Investigations or inspections authorized under this article;</p><p>6. Use of design and construction criteria prepared by the Department; or</p><p>7. Determination of the hazard classification of the dam.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0030'>30</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-613.3/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-613.4
|
10.1-613.4
|
Liability of owner or operator
|
<p>A. Notwithstanding subsection B, nothing in this article, and no order, notice, approval, or advice of the Director or Board shall relieve any owner or operator of an impounding structure from any legal duties, obligations, and liabilities resulting from such ownership or operation. The owner or operator shall be responsible for liability for damage to the property of others or injury to persons, including the loss of life resulting from the operation or failure of an impounding structure. Compliance with this article does not guarantee the safety of an impounding structure or relieve the owner or operator of liability in case of an impounding structure failure.</p><p>B. The owner of the land upon which an impounding structure owned, maintained, or operated by a soil and water conservation district is situated shall not be responsible for liability for damages to the property of others or injury to persons, including the loss of life, resulting from the operation or failure of the impounding structure. The provisions of this subsection shall not apply if the damages to the property of others or injury to persons is the result of an act or omission of the landowner unrelated to ownership, maintenance, or operation of the impounding structure.</p><p>C. Prior to dissolution or termination of an entity that owns an impounding structure, the entity shall either convey ownership to a third party by deed or other legal conveyance or decommission the impounding structure pursuant to the requirements of the Virginia Impounding Structure Regulations. Prior to conveying ownership, the owner shall notify the Director of such transfer of ownership in accordance with requirements set out in the Virginia Impounding Structure Regulations. Such notice to the Director shall include a warrant by the transferring owner that the transferee is a responsible party capable of discharging all obligations of an impounding structure owner imposed by law and regulations.</p><p>D. The Commonwealth, the Board, or the Department shall not be deemed to become an owner of an impounding structure by providing funding or other assistance for maintenance, repair, or decommissioning of an impounding structure owned by another person or entity.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0030'>30</a>; 2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0146'>146</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0304'>304</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0593'>593</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-613.4/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-613.5
|
10.1-613.5
|
Program administration fees; establishment of Dam Safety Administrative Fund
|
<p>A. The Board is authorized to establish and collect application fees from any applicant to be deposited into the Dam Safety Administrative Fund established pursuant to subsection B. Permit applications shall not be reviewed without a full payment of the required fee. Virginia Soil and Water Conservation Districts shall be exempt from all fees established pursuant to this section.</p><p>B. There is hereby created in the state treasury a special nonreverting fund to be known as the Dam Safety Administrative Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. The Fund shall consist of permit application fees authorized under subsection A and shall be used for the administration of the dam safety program, including actions taken in accordance with §§ <a href='http://law.lis.virginia.gov/vacode/10.1-608/'>10.1-608</a>, <a href='http://law.lis.virginia.gov/vacode/10.1-609/'>10.1-609</a>, and <a href='http://law.lis.virginia.gov/vacode/10.1-613/'>10.1-613</a>. All such funds shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0030'>30</a>; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0013'>13</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-613.5/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-613.6
|
10.1-613.6
|
Negotiated settlement agreements
|
<p>With the consent of any owner of an impounding structure who has allegedly violated or failed, neglected, or refused to obey any regulation or order of the Board, any condition of a permit, or any provision of this chapter, the Board may enter into a negotiated settlement agreement with such owner, so long as the impounding structure or dam is not subject to the provisions of § <a href='/vacode/10.1-609/'>10.1-609</a>, to correct deficiencies at the structure according to the schedule of implementation appended to the negotiated settlement agreement and for the payment of civil charges for past alleged violations in specific sums not to exceed the limit specified in § <a href='/vacode/10.1-609/'>10.1-609</a>. Such civil charges shall be suspended upon compliance with the terms and conditions of the negotiated settlement agreement as determined by the Director. Such civil charges shall be paid into the Dam Safety, Flood Prevention and Protection Assistance Fund established in § <a href='/vacode/10.1-603.17/'>10.1-603.17</a>.</p><p>2021, Sp. Sess. I, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0097'>97</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2000/text/CHAP0228'>228</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB857/text/CHAP0241'>241</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-613.6/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-614
|
10.1-614
|
Establishment within soil and water conservation district authorized
|
<p>Whenever it is found that soil and water conservation or water management within a soil and water conservation district or districts will be promoted by the construction of improvements to check erosion, provide drainage, collect sediment or stabilize the runoff of surface water, a small watershed improvement district may be established within such soil and water conservation district or districts in accordance with the provisions of this article.</p><p>1956, c. 668, § 21-112.1; 1964, c. 512; 1973, c. 35; 1977, c. 40; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-614/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-615
|
10.1-615
|
Petition for establishment; what to set forth
|
<p>A. Any twenty-five owners of land lying within the limits of a proposed watershed improvement district, or a majority of such owners if there are fewer than fifty, may file a petition with the directors of the soil and water conservation district or districts in which the proposed watershed improvement district is situated asking that a watershed improvement district be organized to function in the territory described in the petition. The petition shall set forth:</p><p>1. The proposed name of the watershed improvement district;</p><p>2. That there is need, in the interest of the public health, safety, and welfare, for a watershed improvement district to function in the territory described in the petition;</p><p>3. A description of the territory proposed to be organized as a watershed improvement district, which description shall be deemed sufficient if generally accurate;</p><p>4. That the territory described in the petition is contiguous and is the same watershed, or is two or more contiguous watersheds;</p><p>5. A request that the territory described in the petition be organized as a watershed improvement district;</p><p>6. The method for financing the proposed district, whether by means of a tax on all real estate in the proposed district or a service charge on the increase in the fair market value of all real estate in the proposed district caused by the district's project.</p><p>B. Land lying within the limits of one watershed improvement district shall not be included in another watershed improvement district.</p><p>1956, c. 668, § 21-112.2; 1964, c. 512; 1970, c. 480; 1977, c. 40; 1981, c. 156; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-615/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-616
|
10.1-616
|
Notice and hearing on petition; determination of need for district and defining boundaries
|
<p>Within thirty days after a petition has been filed with the directors of the soil and water conservation district or districts, they shall cause due notice to be given of a hearing upon the practicability and feasibility of creating the proposed watershed improvement district. All owners of land within the proposed watershed improvement district and all other interested parties shall have the right to attend such a hearing and to be heard. If the directors determine from the hearing that there is need, in the interest of the public health, safety, and welfare, for the organization of the proposed watershed improvement district, they shall record their determination and define the boundaries of the watershed improvement district. The provisions of Article 2 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-502/'>10.1-502</a> et seq.) of Chapter 5 of this title shall apply, mutatis mutandis, to such proceedings.</p><p>1956, c. 668, § 21-112.3; 1964, c. 512; 1970, c. 480; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-616/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-617
|
10.1-617
|
Determination of whether operation of proposed district is feasible; referendum
|
<p>If the district directors determine that a need for the proposed watershed improvement district exists and after they define the boundaries of the proposed district, they shall consider the administrative feasibility of operating the proposed watershed improvement district. To assist the district directors in determining such question, a referendum shall be held upon the proposition of the creation of the proposed watershed improvement district. Due notice of the referendum shall be given by the district directors. All owners of land lying within the boundaries of the proposed watershed improvement district shall be eligible to vote in the referendum. The district directors may prescribe necessary regulations governing the conduct of the hearing.</p><p>1956, c. 668, § 21-112.4; 1964, c. 512; 1970, c. 480; 1988, c. 891; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0654'>654</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-617/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-618
|
10.1-618
|
Ballots used in such referendum
|
<p>The question shall be submitted by ballots, which shall contain the following question: "Shall a watershed improvement district be created of the lands described below and lying in the county(ies) or city(ies) of __________ and __________?</p><p>[ ] Yes</p><p>[ ] No"</p><p>The ballot shall set forth the boundaries of the proposed district determined by the Board.</p><p>The ballot shall also set forth the method or methods of real estate assessment as determined by the district directors.</p><p>1956, c. 668, § 21-112.5; 1970, c. 480, § 21-112.4:1; 1977, c. 40; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-618/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-619
|
10.1-619
|
Consideration of results of referendum; simple majority vote required
|
<p>The results of the referendum shall be considered by the district directors in determining whether the operation of the proposed watershed improvement district is administratively practicable and feasible. The district directors shall not be authorized to determine that operation of the proposed watershed improvement district is administratively practicable and feasible unless a simple majority of the votes cast in the referendum have been cast in favor of the creation of the watershed improvement district.</p><p>1956, c. 668, § 21-112.5; 1970, c. 480; 1977, c. 40; 1988, c. 891; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0128'>128</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-619/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-620
|
10.1-620
|
Declaration of organization of district; certification to Board
|
<p>If the district directors determine that operation of the proposed watershed improvement district is administratively practicable and feasible, they shall declare the watershed improvement district to be organized and shall record the fact in their official minutes. Following such entry in their official minutes, the district directors shall certify the fact of the organization of the watershed improvement district to the Virginia Soil and Water Conservation Board, and shall furnish a copy of the certification to the clerk of each county or city in which any portion of the watershed improvement district is situated for recordation in the public land records of each such county or city. The watershed improvement district shall thereupon constitute a political subdivision of this Commonwealth.</p><p>1956, c. 668, § 21-112.6; 1964, c. 512; 1970, c. 480; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-620/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-621
|
10.1-621
|
Establishment of watershed improvement district situated in more than one soil and water conservation district
|
<p>If a proposed watershed improvement district is situated in more than one soil and water conservation district, copies of the petition shall be presented to the directors of all the soil and water conservation districts in which the proposed watershed improvement district is situated, and the directors of all affected soil and water conservation districts shall act jointly as a board of directors with respect to all matters concerning the watershed improvement district, including its organization. The watershed improvement district shall be organized in the same manner and shall have the same powers and duties as a watershed improvement district situated entirely in one soil and water conservation district.</p><p>1956, c. 668, § 21-112.7; 1964, c. 512; 1970, c. 480; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-621/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-622
|
10.1-622
|
Inclusion of additional territory
|
<p>Petitions for including additional territory within an existing watershed improvement district may be filed with directors of the soil and water conservation district or districts in which the watershed improvement district is situated, and in such cases the provisions hereof for petitions to organize the watershed improvement district shall be observed to the extent deemed practicable by the district directors. In referenda upon petitions for such inclusion, all owners of land situated in the proposed additional territory shall be eligible to vote. No additional territory shall be included in an existing watershed improvement district unless owners of land representing two-thirds of the acreage proposed to be included vote in favor thereof.</p><p>1956, c. 668, § 21-112.8; 1964, c. 512; 1970, c. 480; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-622/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-623
|
10.1-623
|
Governing body of district; trustees
|
<p>The directors of the soil and water conservation district or districts in which the watershed improvement district is situated shall be the governing body of the watershed improvement district. They may appoint, in consultation with and subject to the approval of the Virginia Soil and Water Conservation Board, three trustees who shall be owners of land within the watershed improvement district. The trustees shall exercise the administrative duties and powers delegated to them by the directors of the soil and water conservation district or districts. The trustees shall hold office at the will of the directors of the soil and water conservation district or districts and the Virginia Soil and Water Conservation Board. The trustees shall designate a chairman and may change such designation. One of the trustees may be selected as treasurer and shall be responsible for the safekeeping of the funds of the watershed improvement district. When a watershed improvement district lies in more than one soil and water conservation district, the directors of all such districts shall act jointly as the governing body of the watershed improvement district.</p><p>1956, c. 668, § 21-112.9; 1964, c. 512; 1970, c. 480; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-623/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-624
|
10.1-624
|
Officers, agents and employees; surety bonds; annual audit
|
<p>The trustees may, with the approval of the directors of the soil and water conservation district or districts, employ such officers, agents, and other employees as they require, and shall determine their qualifications, duties and compensation. The district directors shall provide for the execution of surety bonds for the treasurer and such other trustees, officers, agents, and employees as shall be entrusted with funds or property of the watershed improvement district, and shall publish an annual audit of the accounts of receipts and disbursements of the watershed improvement district.</p><p>1956, c. 668, § 21-112.10; 1964, c. 512; 1970, c. 480; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-624/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-625
|
10.1-625
|
Status and general powers of district; power to levy tax or service charge; approval of landowners required
|
<p>A watershed improvement district shall have all of the powers of the soil and water conservation district or districts in which the watershed improvement district is situated, and in addition shall have the authority to levy and collect a tax or service charge to be used for the purposes for which the watershed improvement district was created. No tax shall be levied nor service charge imposed under this article unless two-thirds of the owners of land, which two-thirds owners shall also represent ownership of at least two-thirds of the land area in such district, voting in a referendum called and held in the manner prescribed in this article, approve the levy of a tax to be expended for the purposes of the watershed improvement district.</p><p>1956, c. 668, § 21-112.11; 1964, c. 512; 1981, c. 156; 1988, c. 891; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0654'>654</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-625/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-626
|
10.1-626
|
Levy of tax or service charge; when district in two or more counties or cities; landbooks certified to treasurers
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<p>A. On or before March 1 of each year, the trustees of the watershed improvement district shall make an estimate of the amount of money they deem necessary to be raised for the year in such district (i) for operating expenses and interest payments and (ii) for amortization of debt, and, after approval by the directors of the soil and water conservation district or districts, and the Virginia Soil and Water Conservation Board, shall establish the tax rate or service charge rate necessary to raise such amount of money. The tax rate or service charge rate to be applied against the amount determined under subsection C or D of this section shall be determined before the date fixed by law for the determination of the general levy by the governing body of the counties or cities in which the district is situated.</p><p>B. The trustees of a watershed improvement district which imposes a tax on real estate or a service charge based on the increase in the fair market value of real estate caused by the district's project shall make up a landbook of all properties subject to the watershed improvement district tax or service charge on forms similar to those used by the county or city affected.</p><p>A separate landbook shall be made for each county or city if the district is located in more than one county or city. The landbook or landbooks of all properties subject to the district tax or the service charge, along with the tax rate or service charge rate fixed by the governing body of the district for that year, shall be certified to the appropriate county or city treasurer or treasurers, and filed in the clerk's office of such locality or localities, by the governing body of the watershed improvement district on or before the day the county or city landbook is required to be so certified. Such landbook or landbooks shall be subject to the same retention requirements as the county or city landbook.</p><p>C. For tax purposes under this article, the assessed valuation of all real estate located in a watershed improvement district shall be the same fair market valuation that appears in the most recent landbook for the county, city, or town wherein the subject property is located. However, in a watershed improvement district which is located in two or more counties or cities and in which there is a disparity of assessed valuations between the counties or cities, the governing body of the watershed improvement district may petition the judge or judges of the circuit courts in which the district is located to appoint one or more persons to assess all of the real estate in the district. The compensation of such person or persons shall be prescribed by the governing body of the district and paid out of the funds of the district.</p><p>D. In districts authorized to impose a service charge, the service charge shall be based on the initial increase in fair market value resulting from a project. In order to determine the initial increase in fair market value, the trustees shall subtract the fair market value of each parcel without the project, as shown in the landbook for the year immediately preceding the year in which the project was begun from the fair market value of the parcel following completion of the project. The fair market value of each parcel with the project shall be determined by the district directors in a reasonable manner. The values so determined shall be the values against which the service charge rate is imposed so long as any bonds remain outstanding, and thereafter unless a change is approved by the district directors. If an additional improvement is made while any bonds are outstanding, the district directors may cause a new increase in fair market values to be computed to reflect such improvement. However, while any bonds are outstanding, such newly computed values shall not be used unless the total new increase in fair market values in the district is equal to or greater than the previously determined increase in fair market values. Within thirty days after determining the increase in fair market value for all real estate in the watershed improvement district resulting from the project, the trustees shall mail a notice of such determination to the owner of record of each parcel in the district.</p><p>E. The assessments and determinations of increase in fair market value made under the provisions of this section may be used only for the watershed improvement district tax or service charge and shall in no way affect any county or city assessment or levies.</p><p>F. Any person, firm, or corporation aggrieved by any determination of increased value made under any provision of this article shall apply in writing to the trustees of the watershed improvement district within sixty days after the mailing of the notice required in subsection D of this section. Such application shall specify the increased value in the opinion of the applicant and the basis for such opinion. The trustees shall rule on all such applications within 120 days after mailing the notice required in subsection D of this section. If any applicant remains aggrieved by the determination of increased value after such a ruling, he may apply to the circuit court of the county or city wherein the land is situated for a correction of such determination of increased value, within the time limits and following the procedures set out in Article 5 (§ <a href='http://law.lis.virginia.gov/vacode/58.1-3980/'>58.1-3980</a> et seq.) of Chapter 39 of Title 58.1.</p><p>G. The provisions of this section shall not be used to change the method of real estate assessment in any watershed improvement district established prior to January 1, 1976.</p><p>1981, c. 156, § 21-112.12:1; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-626/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-627
|
10.1-627
|
Collection of tax or service charge; proceeds kept in special account; expenditures from such account
|
<p>The special tax or service charge levied shall be collected at the same time and in the same manner as county or city taxes with the proceeds therefrom to be kept in a separate account by the county or city treasurer identified by the official name of the watershed improvement district. Expenditures from such account may be made with the approval of the directors of the soil and water conservation district or districts on requisition from the chairman and the treasurer of the board of trustees of the watershed improvement district.</p><p>1956, c. 668, § 21-112.13; 1964, c. 512; 1970, c. 480; 1981, c. 156; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-627/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-628
|
10.1-628
|
Fiscal powers of governing body; may poll landowners on question of incurring indebtedness or issuing bonds
|
<p>The governing body of any watershed improvement district shall have power, subject to the conditions and limitations of this article, to incur indebtedness, borrow funds, and issue bonds of such watershed improvement district. The circuit court of the county or city in which any portion of the watershed improvement district is located, upon the petition of a majority of the members of the governing body of the watershed improvement district, shall order a referendum at any time not less than thirty days from the date of such order, which shall be designated therein, to determine whether the governing body shall incur indebtedness or issue bonds for one or more of the purposes for which the watershed improvement district was created.</p><p>The referendum shall be conducted in the manner prescribed by this article for the conduct of other referendums in the watershed improvement districts.</p><p>1956, c. 668, §§ 21-112.14, 21-112.15; 1964, c. 512; 1988, c. 891; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0654'>654</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-628/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-629
|
10.1-629
|
Order authorizing governing body to incur indebtedness or issue bonds
|
<p>If the owners of at least two-thirds of the land area in the district vote in the election, and if at least two-thirds of the voters in the election vote in favor of incurring the indebtedness or issuing bonds, the circuit court or courts shall enter an order authorizing the governing body of the watershed improvement district to incur indebtedness or issue bonds for one or more of the purposes for which the district was created.</p><p>1956, c. 668, § 21-112.16; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-629/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-630
|
10.1-630
|
Type of indebtedness incurred or bonds issued
|
<p>The type of indebtedness incurred or bonds issued shall be that adopted by the governing body of the watershed improvement district and approved by the Virginia Soil and Water Conservation Board.</p><p>1956, c. 668, § 21-112.17; 1964, c. 512; 1988, c. 891; 1996, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0105'>105</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0819'>819</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-630/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-631
|
10.1-631
|
Annual tax for payment of interest or to amortize indebtedness or bonds
|
<p>The governing body of the watershed improvement district shall, if necessary to pay the interest on the indebtedness or bonds or to amortize such indebtedness or bonds, levy an annual tax or service charge in the manner prescribed by § <a href='http://law.lis.virginia.gov/vacode/10.1-626/'>10.1-626</a> on all the real estate in the watershed improvement district subject to local taxation, to satisfy such obligations. This tax, irrespective of any approvals required pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-614/'>10.1-614</a>, shall be sufficient to pay interest and to amortize such indebtedness or bonds at the times required.</p><p>1956, c. 668, § 21-112.18; 1973, c. 35; 1981, c. 156; 1988, c. 891; 1996, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0105'>105</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0819'>819</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-631/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-632
|
10.1-632
|
Powers granted additional to powers of soil and water conservation district; soil and water conservation district to continue to exercise its powers
|
<p>The powers herein granted to watershed improvement districts shall be additional to the powers of the soil and water conservation district or districts in which the watershed improvement district is situated; and the soil and water conservation district or districts shall be authorized, notwithstanding the creation of the watershed improvement district, to continue to exercise their powers within the watershed improvement district.</p><p>1956, c. 668, § 21-112.19; 1964, c. 512; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-632/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-633
|
10.1-633
|
Power to incur debts and accept gifts, etc.; watershed improvement district to have same powers as soil and water conservation district
|
<p>A watershed improvement district shall have power, as set forth in this article, to incur debts and repay them over the period of time and at the rate or rates of interest, not exceeding eight percent, that the lender agrees to. Any watershed improvement district may accept, receive and expend gifts, grants or loans from whatever source received. In addition, they shall have the same powers, to the extent necessary, within the watershed improvement district that the soil and water conservation district or districts in which the same is located exercise or may possess.</p><p>1956, c. 668, § 21-112.20; 1964, c. 512; 1977, c. 40; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-633/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-634
|
10.1-634
|
Question to be submitted to qualified voters; approval required
|
<p>In connection with any referendum held pursuant to the provisions of this article, the directors shall also provide for the submission of the question involved to the qualified voters of the watershed improvement district and any question required to be submitted to referendum hereunder shall only be deemed to be approved, if approved both by vote of the landowners of the district as here above required and by a majority vote of the qualified voters of the district voting in such referendum.</p><p>1973, c. 35, § 21-112.20:1; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-634/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-634.1
|
10.1-634.1
|
Conduct of referenda
|
<p>A. Except as provided in subsection B, the referenda authorized or required by this article shall be conducted pursuant to regulations prescribed by the Virginia Soil and Water Conservation Board and not as provided for under § <a href='http://law.lis.virginia.gov/vacode/24.2-684/'>24.2-684</a>.</p><p>B. Referenda authorized or required by this article prior to the regulations referred to in subsection A becoming effective shall be conducted by the district directors of the soil and water conservation district in which the watershed improvement district is situated pursuant to the provisions of this article as they were effective on January 1, 1995, and Article 5 (§ <a href='http://law.lis.virginia.gov/vacode/24.2-681/'>24.2-681</a> et seq.) of Chapter 6 of Title 24.2. The costs of holding referenda under this subsection shall be paid by the requesting landowners.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0654'>654</a>; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0983'>983</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-634.1/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-635
|
10.1-635
|
Power of eminent domain
|
<p>In addition to any other powers conferred on it by law, any watershed improvement district organized under the provisions of this article shall be authorized to acquire by eminent domain any lands, property rights, franchises, rights-of-way, easements or other property deemed necessary or convenient for the efficient operation of the district. Such proceedings shall be in accordance with and subject to the provisions of the laws of the Commonwealth applicable to the exercise of the power of eminent domain in the name of a public service company and subject to the provisions of Chapter 2 (§ <a href='http://law.lis.virginia.gov/vacode/25.1-200/'>25.1-200</a> et seq.) of Title 25.1.</p><p>1958, c. 411, § 21-112.21; 1988, c. 891; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0940'>940</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-635/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-636
|
10.1-636
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Board" means the Virginia Soil and Water Conservation Board.</p><p>"Facility" means any structures, foundations, appurtenances, spillways, lands, easements and rights-of-way necessary to (i) store additional water for immediate or future use in feasible flood prevention sites; (ii) create the potential to store additional water by strengthening the foundations and appurtenances of structures in feasible flood prevention sites; or (iii) store water in sites not feasible for flood prevention programs, and to properly operate and maintain such stores of water or potential stores of water.</p><p>"Fund" or "revolving fund" means the Conservation, Small Watersheds Flood Control and Area Development Fund.</p><p>"Storing additional water in feasible flood prevention sites" means storage of water for other than flood prevention purposes above the capacity of any given structure to hold water for the purpose of flood prevention in flood prevention sites within a flood prevention project having a favorable benefit-cost ratio where it is economically feasible to provide the capacity to store additional water or the potential for additional water storage capacity.</p><p>1970, c. 591, § 21-11.2; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-636/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-637
|
10.1-637
|
Fund continued; administrative control
|
<p>The "Conservation, Small Watersheds Flood Control and Area Development Fund," is continued and shall be administered and used as hereinafter provided. The revolving fund shall also consist of any moneys appropriated by the General Assembly.</p><p>The administrative control of the fund and the responsibility for the administration of the provisions of this article are hereby vested in the Virginia Soil and Water Conservation Board. The Board is authorized to establish guidelines for the proper administration of the fund and the provisions of this article.</p><p>1970, c. 591, §§ 21-11.1, 21-11.4; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-637/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-638
|
10.1-638
|
Purposes for which fund to be used
|
<p>A. The Board is authorized, with the concurrence of the State Treasurer, to order the State Comptroller to make loans from the revolving fund to any county, city, town, water authority, utility or service authority or special taxing district, hereafter referred to as the borrower, having the legal capacity and organizational arrangements necessary for obtaining, giving security for, and raising revenues for repaying authorized loans, and for operating and maintaining facilities for which the loan is made. The money loaned shall be used by the borrower for facilities to store additional water in feasible flood prevention sites or to store water in sites not feasible for flood prevention programs. The amount of any loan or the sum of any outstanding loans to any one borrower shall not exceed $500,000 without the written approval of the Governor.</p><p>B. To promote the economic growth of the Commonwealth, the Board, after public hearing and with the written approval of the Governor, may invest funds from the revolving fund in facilities to store additional water in feasible flood prevention sites for municipal, industrial, and other beneficial uses where localities fail to do so, or in facilities to create the potential to store additional water in feasible flood prevention sites where impoundment projects are being developed to less than optimum potential, thereby allowing the enlargement of such impoundments as the need arises. Such action may be initiated by a request from the soil and water conservation district or districts encompassing such water storage sites.</p><p>C. The Board may draw on the revolving fund to meet maintenance expenses incident to the proper management and operation of facilities resulting from the investments authorized by subsection B above. In addition, the Board may draw on the revolving fund for emergency repairs to the above facilities and facilities constituting the security for loans made by authority of subsection A above. The Board shall not provide funds for emergency repairs to facilities constituting security for loans unless it appears to the Board that funds for repairs are not available from other sources.</p><p>D. The Board is authorized to purchase, operate and maintain necessary machinery and other equipment suitable for engineering and other operations incident to soil and water conservation and other purposes of the Board. The Board shall have the custody and control of the machinery and other equipment, and shall provide storage for it, and it shall be available to the districts upon terms the Board prescribes. In addition to other terms the Board may prescribe, it shall have authority to execute rental-purchase contracts with individual districts for the equipment, whereby the title to machinery and other equipment purchased under authority of this law may be transferred to such district when approved by the Board. The Board may, in its discretion, sell the same to any person upon terms and conditions it may deem proper. The proceeds derived from the sale or rental of machinery, provided for in this section and in § <a href='http://law.lis.virginia.gov/vacode/10.1-552/'>10.1-552</a>, shall be paid into the revolving fund.</p><p>E. The Board is authorized to make loans from the revolving fund to any soil and water conservation district for the purchase of necessary machinery and other equipment suitable for engineering and other operations incident to soil and water conservation and other purposes of the district. Terms for loans to districts under this section shall be prescribed by the Board, and payments of interest and principal shall be made to the State Treasurer and credited to the revolving fund.</p><p>1970, c. 591, § 21-11.3; 1972, c. 821; 1982, c. 68; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-638/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-639
|
10.1-639
|
Conditions for making loan
|
<p>The Board shall authorize the making of a loan under the provisions of § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> A only when the following conditions exist:</p><p>1. An application for the loan has been submitted by the borrower in the manner and form specified by the Board, setting forth in detail the need for the storage of water, the amount of the loan requested and the use to which the loan shall be applied as well as any efforts made to secure funds from any other source, and such other information required by the Board. The application shall be first submitted to the soil and water conservation district or districts encompassing the watershed wherein the proceeds of the loan would be applied. When the application is approved by the district or districts, the application shall be forwarded to the Board.</p><p>2. The borrower agrees and furnishes assurance, satisfactory to the Board, that it will satisfactorily maintain any structure financed in whole or in part through the loans provided by this article.</p><p>3. The purpose for which the loan is sought is to acquire land, easements and rights-of-way, or engineering or legal services necessary for a water storage facility or project, or to construct the water storage facility itself.</p><p>If the requested loan or any part thereof is for the purpose of acquiring land, easements and rights-of-way, then the loan or part thereof designated for such purpose shall not be granted in the absence of evidence satisfactory to the Board that the borrower requesting the loan will in fact acquire the land, easements or rights-of-way if the loan is granted.</p><p>1970, c. 591, § 21-11.5; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-639/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-640
|
10.1-640
|
Political subdivisions may borrow from other sources
|
<p>Any entity eligible under § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> A may borrow funds as provided in this article before, simultaneously, or after borrowing funds from other sources for the same purpose for which funds are borrowed under the provisions of this article.</p><p>1970, c. 591, § 21-11.11; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-640/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-641
|
10.1-641
|
Powers of Board in aid of the provisions of § 10.1-638
|
<p>The Board shall have the following powers to effectuate the provisions of § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> B:</p><p>1. To expend funds from the revolving fund for field surveys and investigations, notwithstanding the possibility that the Board may subsequently determine that the proposed investment is not feasible.</p><p>2. To make and execute contracts and other instruments necessary or convenient to the construction, improvement, operation and maintenance of facilities.</p><p>3. To make agreements with and act as agent for the United States, or any of its agencies, or for this Commonwealth or any of its agencies, or any local government in connection with the acquisition, construction, maintenance, operation, or administration of any project in which the Board has invested funds; to accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this Commonwealth or any of its agencies or from any other source; and to use or expend such moneys, services, materials, or other contributions in carrying on its investment function.</p><p>4. To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein, and improve any properties acquired.</p><p>1970, c. 591, § 21-11.13; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-641/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-642
|
10.1-642
|
Record of applications for loans and action taken
|
<p>A record of each application for a loan pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-639/'>10.1-639</a> received by the Board and the action taken thereon shall be open to public inspection at the office of the Board.</p><p>1970, c. 591, § 21-11.8; 1988, c. 891; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0637'>637</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-642/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-643
|
10.1-643
|
Period of loan; interest rate; loan shall constitute a lien
|
<p>Any loan made pursuant to the provisions of § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> A may be made for any period not to exceed twenty years and shall bear interest at the rate of one percent annually for the first ten years or until such time as water stored under the provisions of this article is used by the borrower for the purpose stated in the application for the loan, if such use occurs within the first ten years. Interest on the loan for the second ten-year period plus the balance of the first ten-year period during which water was used, if any, shall bear interest at a rate set jointly by the Board and the State Treasury Board. Such interest rate shall conform as nearly as possible to the interest on bonds sold for water development or similar purposes within the Commonwealth within the last six months prior to setting such interest rate, taking into consideration any fluctuations of the money market which may have occurred subsequent to the last sale of such bonds within the six-month period. If no such bonds have been sold within the six-month period, the interest rate shall be set to conform as nearly as possible with the rate charged by the commercial money market for such or similar purposes. However, when the attendant facilities, such as but not limited to a filtration plant, pumping station, and pipelines, necessary for the use of the water stored cost the borrower more than $100,000, interest on the loan for the second ten-year period or the ten-year period plus the balance of the first ten-year period during which water was used, if any, shall be at the rate of three percent annually. Any borrower receiving a loan under the provisions of this article shall agree to repay the loan in equal annual installments of principal together with interest at the applicable rate on the unpaid balance of the loan. Payments of interest and principal shall be made to the State Treasurer and credited to the revolving fund, and evidence of debt taken for such loan shall be deposited with the State Treasurer and kept by him. Whenever a loan is made in accordance with the provisions of this article, a lien is hereby created against all of the funds and income of the borrower, as well as upon any real or personal property acquired with loan proceeds. Prepayment of the principal of any such loan, in whole or in part, may be made by the borrower without penalty; however, the borrower shall be liable for interest accrued on the principal at the time of prepayment.</p><p>1970, c. 591, § 21-11.6; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-643/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-644
|
10.1-644
|
Recovery of money due to fund
|
<p>If a borrower defaults on any payment due the State Treasurer pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-643/'>10.1-643</a> or on any other obligation incurred pursuant to the provisions of this article, the amounts owed to the fund by the borrower may be recovered by the State Comptroller transferring to the revolving fund the amount of the payment due to the revolving fund from the distribution of state funds to which the defaulting borrower may be entitled pursuant to any state law; or, any money which ought to be paid into the revolving fund may be recoverable with interest by the Commonwealth, in the name of the Board, on motion in the Circuit Court of the City of Richmond. The Attorney General shall institute and prosecute such proceedings after a request for such action has been made by the Board.</p><p>1970, c. 591, § 21-11.7; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-644/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-645
|
10.1-645
|
Limits on expenditures authorized under § 10.1-638 B; sale of resulting facilities; sale of stored water; renting facilities
|
<p>Expenditures by the Board for any one facility under the provisions of § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> B shall not exceed $500,000 without the written approval of the Governor for construction and seeding, acquisition of land, easements, and rights-of-way, engineering costs, appraisal costs, legal services, and other costs related to the facility. The Board is authorized to sell any facility resulting from an expenditure authorized by § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> B to any entity to whom a loan could be made pursuant to the provisions of § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> A under the terms and conditions prescribed hereinafter. Conveyances of any such facilities shall be executed by the chairman of the Board acting pursuant to a resolution of the Board and shall be approved by the Governor and Attorney General as to form and substance. Upon the transfer of title of such facilities, the purchasing entity shall grant an easement or right-of-way to the appropriate soil and water conservation district to assure the continued operation, inspection and repair of the works of improvement on the land sold, and in all cases, the purchasing entity shall agree to maintain the facility in a satisfactory manner. The Board may contract with an entity eligible to borrow from the revolving fund pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> A, for the sale of water stored at facilities constructed by expenditures pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> B. However, it is not the intent of this article to provide a means whereby the Commonwealth shall store and sell water to such entities; therefore, unless extenuating circumstances prevail, such contract shall be entered into with the understanding that such entities shall acquire the rights of the Board in the water storage facility by a future date agreeable to the Board and entity. The Board may lease such facilities to any agency or entity of government, corporation, organization or individual for recreational purposes or any other uses which will not impair the facilities' value for future water supply. Proceeds from the sale of stored water or sale or rental of such facilities shall be placed in the revolving fund.</p><p>1970, c. 591, § 21-11.9; 1972, c. 821; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-645/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-646
|
10.1-646
|
Purchase price and terms of sales authorized by § 10.1-645
|
<p>When an entity, as the term is used in § <a href='http://law.lis.virginia.gov/vacode/10.1-645/'>10.1-645</a>, agrees to purchase a facility and the rights incident thereto resulting from the storing of additional water in feasible flood prevention sites or the strengthening of foundations and appurtenances of feasible flood prevention sites in which the Board has invested pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> B, the purchase price shall be the total expenditure from the revolving fund by the Board for such facility plus a surcharge of three percent annually on all funds expended for the facility, other than funds expended pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> C, from the date of expenditure to the date of purchase by the purchasing entity.</p><p>With the approval of the Board, the purchasing entity may finance the purchase price, or any portion thereof, of the facility under the terms and conditions of §§ <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> A and <a href='http://law.lis.virginia.gov/vacode/10.1-643/'>10.1-643</a>, and the provisions of §§ <a href='http://law.lis.virginia.gov/vacode/10.1-643/'>10.1-643</a> and <a href='http://law.lis.virginia.gov/vacode/10.1-644/'>10.1-644</a> shall apply, mutatis mutandis, to such financing. If a purchasing entity finances the purchase of a facility as hereinabove provided, such purchasing entity shall not be precluded from applying for a loan authorized by § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> A to the limit imposed by that section to complete any facility purchased to store additional water.</p><p>1970, c. 591, § 21-11.10; 1972, c. 821; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-646/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-647
|
10.1-647
|
Disposition of facilities financed under article when part of debt remains outstanding
|
<p>No facility financed from the revolving fund under the provisions of this article, in whole or in part, shall be sold by an entity when any portion of the debt owed to the revolving fund remains unpaid. However, if the purchaser is an entity having the taxing power, then such sale may be made even though all or a portion of the debt to the revolving fund remains unpaid, if the purchasing entity agrees to assume the obligation to repay the outstanding debt and all interest thereon. If such sale is approved by the Board, then the purchasing entity shall be solely liable for the obligations undertaken by the principal debtor, and the principal debtor shall be released therefrom.</p><p>1970, c. 591, § 21-11.12; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-647/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-648
|
10.1-648
|
Acquisition of lands, easements, and rights-of-way
|
<p>A. The Board, in addition to the provisions of § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a>, may use funds from the revolving fund to pay the cost of the purchase of needed lands, easements, and rights-of-way, or to share the costs thereof with soil and water conservation districts for soil and water conservation and flood control needs when the following conditions have been met:</p><p>1. The program of work for the project has been found by the Board to be feasible, practicable and will promote the health, safety, and general welfare of the people of the Commonwealth;</p><p>2. The soil and water conservation district or its cosponsors of the project have obtained a minimum of seventy-five percent of the necessary lands, easements, and rights-of-way in the project, or portion of a project (subwatershed) for which funds are requested prior to the use of funds for this purpose;</p><p>3. The district and its cosponsors, if any, have submitted a plat to the Board showing the lands, easements and rights-of-way previously acquired, as well as the remaining lands, easements and rights-of-way necessary to the project but not acquired. In addition, the Board may require any other information which it deems necessary. The district and cosponsors shall certify to the Board that funds are unobtainable from any other source to acquire the remaining land, easements, and rights-of-way necessary to the project, in whole or in part;</p><p>4. The funds to be used for lands, easements, and rights-of-way shall be granted to the district or cosponsor of the project in whose name the land, easement, or right-of-way shall be recorded.</p><p>B. No later than ten years from the purchase of lands and rights-of-way with the funds provided by this section for soil and water conservation and flood control needs, or upon the completion of the watershed project, or a portion of the project (subwatershed) and upon written demand of the owners, their heirs or assigns from whom such land and rights-of-way were acquired, such property shall be reconveyed by the district or cosponsor to the former owners, their heirs or assigns, upon repayment of the original purchase price, without interest, unless such lands and rights-of-way are granted or retained for public purposes as hereinafter provided. After ten years, and no later than twelve years after the purchase date of lands and rights-of-way with the funds provided by this section, unless such lands and rights-of-way are granted or retained for public purposes or reconveyed as provided above, it shall be the duty of the district or cosponsor, to sell the property purchased wholly or partially from the funds provided by this section. The Board shall specify the terms for any such sale. Upon the sale or reconveyance of such property, the district or cosponsor shall remit to the Board a pro rata share of the proceeds of such sale or repayment pursuant to a reconveyance, equal to the percentage of the total cost of the acquisition of such property from any allocation of funds made hereunder and all such remittances shall be deposited to the revolving fund. The district or cosponsor of the project in whose name the acquisition of the land or rights-of-way to be sold is recorded shall retain any easement or right-of-way to assure the continued operation, maintenance, inspection, and repair of the works of improvement constructed on the land to be sold. The district and cosponsor of a project, with the approval of the Board, may grant for public purposes fee title to lands and rights-of-way acquired under the provisions of this section to any political subdivision, including a cosponsor, an agency of the state or federal government, or a regional park authority.</p><p>1970, c. 591, § 21-11.14; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-648/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-649
|
10.1-649
|
Sale to Board of property and rights-of-way acquired by condemnation
|
<p>For the purpose of § <a href='http://law.lis.virginia.gov/vacode/10.1-638/'>10.1-638</a> B the Board is authorized to purchase property and rights-of-way condemned for maintaining, protecting, or providing supplies of water and for water storage purposes under §§ <a href='http://law.lis.virginia.gov/vacode/15.2-1904/'>15.2-1904</a>, <a href='http://law.lis.virginia.gov/vacode/15.2-1907/'>15.2-1907</a>, <a href='http://law.lis.virginia.gov/vacode/15.2-5114/'>15.2-5114</a>, and <a href='http://law.lis.virginia.gov/vacode/21-118/'>21-118</a> and the condemnor is authorized to sell any such property or rights-of-way to the Board.</p><p>1970, c. 591, § 21-11.15; 1988, c. 891; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0940'>940</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-649/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-650
|
10.1-650
|
Definitions
|
<p>As used in this article, unless the context clearly requires a different meaning:</p><p>"Continual accelerated erosion" means a rapid increase in the erosion rate of stream banks caused by loss of vegetation, diversion of water by constrictions, undermining, and other resultant effects of severe floods.</p><p>"Natural streams" means nontidal waterways which are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross-section with a meandering course. Constructed channels such as drainage ditches or swales shall not be considered natural streams.</p><p>"Program" means the Stream Restoration Assistance Program.</p><p>"Stream restoration" means any combination of structural and vegetative measures which may be taken to restore, stabilize, and protect a natural stream which has been damaged by severe flooding and is consequently subject to continual accelerated erosion or other detrimental effects. The term shall also include measures to return stream flow to its original channel in cases where the stream course has been changed as a result of flooding.</p><p>1981, c. 450, § 21-11.23; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-650/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-651
|
10.1-651
|
Establishment and administration of Program
|
<p>The Stream Restoration Assistance Program is continued to protect the natural streams of the Commonwealth. The Program shall aid in the stabilization and protection of natural streams which have been severely damaged by naturally occurring flooding events. The Program shall be administered by the Virginia Soil and Water Conservation Board in cooperation with soil and water conservation districts and local governments throughout the Commonwealth. To assist in the development of the Program, the Board shall seek the advisory opinion of the State Water Control Board and the Department of Wildlife Resources.</p><p>1981, c. 450, § 21-11.22; 1988, c. 891; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0958'>958</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-651/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-652
|
10.1-652
|
Program applicability
|
<p>The Stream Restoration Assistance Program shall apply only to natural nontidal streams which have been damaged as a result of naturally occurring flooding events. Streams which have been damaged by land-disturbing activities, vehicular traffic, or other human causes shall not be eligible for assistance under the Program.</p><p>1981, c. 450, § 21-11.24; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-652/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-653
|
10.1-653
|
Application for assistance
|
<p>Landowners who wish to receive assistance under the Program shall apply to the Virginia Soil and Water Conservation Board. The Board shall provide copies of the applications to the chairmen of the soil and water districts, where applicable, and the local governing bodies having jurisdiction in the area where the damage has occurred.</p><p>1981, c. 450, § 21-11.25; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-653/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-654
|
10.1-654
|
Damage inspections and reports
|
<p>A. Upon receipt of an application for assistance, the Board shall schedule a field inspection of the affected stream segment to determine the extent of damages. Such field inspections should be scheduled and coordinated so that affected landowners and appropriate conservation districts and local government officials can participate.</p><p>B. Following the field inspection, the Board shall prepare an inspection report which includes a recommendation concerning the extent to which the Commonwealth should assist the applicant in restoring the stream.</p><p>C. Draft copies of the inspection report shall be submitted to the applicant, persons who attended the field inspection, and chairmen of conservation districts and local governing bodies having jurisdiction in the area where the damage has occurred. These persons shall be given forty-five days to submit written comments and recommendations concerning the report. The final report shall contain copies of all written comments and recommendations received.</p><p>1981, c. 450, § 21-11.26; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-654/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-655
|
10.1-655
|
Types of assistance
|
<p>Upon approval of an application for assistance, the Board may provide technical and financial assistance to the applicant according to the following guidelines:</p><p>1. The Board shall maintain a technical staff to recommend stream restoration measures, to estimate costs, and to prepare engineering plans and specifications which may be used to implement such measures. The actual preparation of plans and specifications shall not be undertaken until the applicant certifies that adequate funding is available, and that the plans will be implemented within one year after all necessary permits are obtained.</p><p>2. Financial assistance may be provided to applicants to the extent that funds for that purpose are available to the Board. In no case shall such assistance exceed fifty percent of the total cost of construction. Funds shall not be disbursed until the Board has made a final inspection and has determined that all work is adequately completed in accordance with the plans and specifications.</p><p>3. To receive financial assistance, applicants must certify that they have explored and exhausted all other possible funding sources. In cases where a national disaster area has been declared, no funding shall be provided under the Program until it is determined to what extent the federal government will participate in stream restoration along the segments under consideration.</p><p>When requests for financial assistance exceed available resources, the Board shall set priorities and allocate funds as it deems appropriate to accomplish the maximum benefit.</p><p>1981, c. 450, § 21-11.28; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-655/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-656
|
10.1-656
|
Board action on assistance requests
|
<p>The Board shall consider requests for technical and financial assistance from landowners whose property borders on or contains natural streams which have been damaged by flooding. Upon consideration of the application, inspection report, and any other relevant information, the Board shall determine whether or not assistance shall be provided, and the type and extent of assistance to be provided. In making such determinations, the Board shall consider the potential for continual accelerated erosion of the stream banks in the future and other possible detrimental effects to the stream which may result if no corrective measures are undertaken. In cases where it is determined that there is not likely to be accelerated stream bank erosion or other significant detrimental effects in the future, the assistance request shall not be approved.</p><p>1981, c. 450, § 21-11.27; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-656/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-657
|
10.1-657
|
Account established
|
<p>An account designated as the Stream Restoration Account shall be established to provide grants to landowners who make requests under the Stream Restoration Assistance Programs. The Board may seek money from federal and private sources to establish and maintain the Stream Restoration Fund.</p><p>1981, c. 450, § 21-11.29; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-657/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-658
|
10.1-658
|
State interest in resilience and flood control
|
<p>A. The General Assembly declares that storm events and rising tidal waters cause recurrent flooding of Virginia's land resources and result in the loss of life, damage to property, unsafe and unsanitary conditions and the disruption of commerce and government services, placing at risk the health, safety and welfare of those citizens living in flood-prone areas of the Commonwealth. Flood waters disregard jurisdictional boundaries, and the public interest requires the management of flood-prone areas in a manner which prevents injuries to persons, damage to property and pollution of state waters.</p><p>B. The General Assembly supports and encourages those measures which prevent, mitigate, and alleviate the effects of sea level rise, stormwater surges, and all causes of recurrent flooding and declares that the expenditure of public funds and any obligations incurred in the development of flood control and other civil works projects, the benefits of which may accrue to any county, municipality, or region in the Commonwealth, are necessary expenses of local and state government. The General Assembly shall prioritize measures that use community-scale and regional-scale planning, protect and enhance natural and nature-based approaches, address socioeconomic inequities, and enhance equity through flood resilience and preparedness.</p><p>C. The General Assembly supports and encourages flood resilience through implementation of the Virginia Coastal Resilience Master Plan and implementation of the Virginia Flood Protection Master Plan developed pursuant to § <a href='/vacode/10.1-602/'>10.1-602</a>.</p><p>D. The Department shall be responsible for the implementation of the Virginia Coastal Resilience Master Plan and Virginia Flood Protection Master Plan and shall serve as the lead administrator.</p><p>E. The Virginia Coastal Resilience Master Plan shall be updated at least every five years; shall, at a minimum, be a place-specific plan for mitigating severe and repetitive flooding; and shall, at a minimum, (i) base decision making on the best-available science; (ii) identify and address socioeconomic inequities and strive to enhance equity through the adaptation and protection measures by considering all areas of recurrent flooding; (iii) recognize the importance of protecting and enhancing natural infrastructure and nature-based approaches to flood mitigation, when possible; (iv) utilize community and regional scale planning to the maximum extent possible, seeking region-specific approaches tailored to the needs of individual communities; and (v) include an understanding of fiscal realities and focus on cost-effective solutions for the protection and adaptation of communities, businesses, and critical infrastructure.</p><p>1989, cc. 468, 497; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0493'>493</a>; 2022, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0494'>494</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0495'>495</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-658/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-659
|
10.1-659
|
Flood protection programs; coordination
|
<p>A. The provisions of this chapter shall be coordinated with the Virginia Coastal Resilience Master Plan, the Virginia Flood Protection Master Plan, and federal, state, and local flood prevention and water quality programs to minimize loss of life, property damage, and negative impacts on the environment. This program coordination shall include but not be limited to the following: flood prevention, flood plain management, small watershed protection, dam safety, shoreline erosion and public beach preservation, and soil conservation programs of the Department of Conservation and Recreation; the construction activities of the Department of Transportation, including projects that result in hydrologic modification of rivers, streams, and flood plains; the nontidal wetlands, water quality, Chesapeake Bay Preservation Area criteria, stormwater management, erosion and sediment control, and other water management programs of the State Water Control Board; the Virginia Coastal Zone Management Program at the Department of Environmental Quality; forested watershed management programs of the Department of Forestry; the agricultural stewardship, farmland preservation, and disaster assistance programs of the Department of Agriculture and Consumer Services; the statewide building code and other land use control programs of the Department of Housing and Community Development; the habitat management programs of the Virginia Marine Resources Commission; the hazard mitigation planning and disaster response programs of the Department of Emergency Management; the fish and wildlife habitat protection programs of the Department of Wildlife Resources; the mineral extraction regulatory program of the Department of Energy; the flood plain restrictions of the Virginia Waste Management Board; flooding-related research programs of the state universities; local government assistance programs of the Virginia Soil and Water Conservation Board; the Virginia Antiquities Act program of the Department of Historic Resources; the public health and preparedness programs of the Virginia Department of Health; the State Council of Higher Education for Virginia; the State Corporation Commission; and any other state agency programs deemed necessary by the Director, and the Chief Resilience Officer of the Commonwealth. The Department shall also coordinate with soil and water conservation districts, Virginia Cooperative Extension agents, and planning district commissions, and shall coordinate and cooperate with localities in rendering assistance to such localities in their efforts to comply with the planning, subdivision of land, and zoning provisions of Chapter 22 (§ <a href='/vacode/15.2-2200/'>15.2-2200</a> et seq.) of Title 15.2.</p><p>B. The Director, in coordination with the Chief Resilience Officer of the Commonwealth, shall hold meetings of representatives of the programs, entities, and localities described in subsection A at least annually in order to determine, coordinate, and prioritize the Commonwealth's efforts and expenditures to increase flooding resilience and flood preparedness and to implement the Virginia Coastal Resilience Master Plan and the Virginia Flood Protection Master Plan. The Department shall review any revisions to the Virginia Flood Protection Master Plan and provide an update on the progress of the implementation of the Virginia Coastal Resilience Master Plan at any such meetings. The Department shall cooperate with other public and private agencies having flood plain management programs and shall coordinate its responsibilities under this article and any other law. These activities shall constitute the Commonwealth's flood resilience, preparedness, prevention, and protection program.</p><p>C. 1. The Chief Resilience Officer, in coordination with the Special Assistant to the Governor for Coastal Adaptation and Protection and the Director, shall establish the Virginia Coastal Resilience Technical Advisory Committee (the Committee) to assist with developing, updating, and implementing the Virginia Coastal Resilience Master Plan.</p><p>2. The Committee shall be comprised of representatives of state agencies, coastal planning district commissions, regional commissions, academic advisors, and any other representatives as needed. Members shall serve at the pleasure of the Governor and shall include the following individuals or their designees: the executive directors of coastal planning district commissions and regional commissions; the Special Assistant to the Governor for Coastal Adaptation and Protection; the Director; the Director of the Virginia Department of Emergency Management; the Director of the Virginia Department of Housing and Community Development; the Executive Director of the Virginia Resources Authority; the Director of the Department of Environmental Quality; the Commissioner of the Virginia Department of Transportation; the Director of the Virginia Transportation Research Council; the Commissioner of the Virginia Marine Resources Commission; the Director of the Institute for Coastal Adaptation and Resilience; the Associate Dean for Research and Advisory Services at the Virginia Institute of Marine Science; the Director of the William and Mary School of Law Coastal Policy Center; the Director of the Virginia Tech Center for Coastal Studies; the Director of the Environmental Resilience Institute at the University of Virginia; the Director of Virginia Sea Grant; the Director of Diversity, Equity, and Inclusion; and the Chief Data Officer of the Commonwealth. The Chief Resilience Officer shall serve as chairman of the Committee.</p><p>3. The Chief Resilience Officer shall invite participation by the Commander of the U.S. Army Corps of Engineers, Norfolk District; the Commander of the Navy Region Mid-Atlantic; and representatives of the seven federally recognized Tribal Nations indigenous to the Commonwealth of Virginia.</p><p>4. Appointed members shall serve in an advisory role without compensation.</p><p>5. The Committee shall meet at least quarterly.</p><p>6. The Department, the Special Assistant to the Governor for Coastal Adaptation and Protection, and the Coastal Zone Management Program shall provide staff support to the Committee.</p><p>7. The Committee shall ensure that (i) risk evaluations and project prioritization protocols are regularly updated and are informed by the best applicable scientific and technical data; (ii) statewide and regional needs are addressed using the best applicable science and long-term resilience approaches; and (iii) the Virginia Coastal Resilience Master Planning Framework is adhered to in the development and updating of the Virginia Coastal Resilience Master Plan. The Committee shall also review updates to the Virginia Coastal Resilience Master Plan and receive updates about the progress of the Virginia Flood Protection Master Plan at each meeting. Additionally, the Committee may be called upon to assist the Department with the development and updating of the Virginia Flood Protection Master Plan.</p><p>D. 1. The Director, in coordination with the Chief Resilience Officer of the Commonwealth, shall establish the Virginia Flood Resilience Advisory Committee (the Committee) to assist with developing, updating, and implementing the Virginia Flood Protection Master Plan pursuant to § <a href='/vacode/10.1-602/'>10.1-602</a> and implementing the Commonwealth's flood resilience, preparedness, prevention, and protection programs.</p><p>2. The Committee shall be composed of the following individuals representing state agencies, or their designees: the Director, the Chief Resilience Officer of the Commonwealth, the Director of the Department of Emergency Management, the Director of the Department of Housing and Community Development, the Executive Director of the Virginia Resources Authority, the Director of the Department of Environmental Quality, the Commissioner of the Department of Transportation, the Director of the Office of Intermodal Planning and Investment, the Commissioner of Marine Resources, the Director of the Department of General Services, the Virginia Director of the Chesapeake Bay Commission, and the Director of Diversity, Equity, and Inclusion. Committee membership shall also include one representative from each of the following: the Virginia Association of Planning District Commissions, the Virginia Municipal League, and the Virginia Association of Counties. The Director may invite participation by other representatives as deemed appropriate. The Director shall serve as chairman of the Committee. The Chief Resilience Officer of the Commonwealth shall serve as vice-chairman of the Committee.</p><p>3. Members appointed to the Committee shall serve in an advisory role without compensation.</p><p>4. The Committee shall meet at least two times per calendar year.</p><p>5. The Department shall provide staff support to the Committee.</p><p>6. The Committee shall receive updates to the Virginia Flood Protection Master Plan, the Coastal Resilience Master Plan, and other regional flood resilience plans. The Committee shall advise the Department on (i) assessing the impacts of flooding on people, the economy, and the environment; (ii) establishing and measuring flood resilience goals and metrics for the Commonwealth; (iii) prioritizing state policies, programs, funding, and other strategies to mitigate the impacts of severe and repetitive flooding; (iv) enhancing intergovernmental and interagency coordination for flood resilience planning and strategy implementation; (v) conducting stakeholder outreach and engagement in support of flood resilience planning and implementation; (vi) assisting local governments to minimize loss of life, property damage, and negative impacts on the environment resulting from flooding; and (vii) issues relating to the Virginia Flood Protection Master Plan in accordance with the requirements established in § <a href='/vacode/10.1-602/'>10.1-602</a>.</p><p>7. The Director may establish subcommittees or other bodies to advise on the development and implementation of the Coastal Resilience Master Plan and other regional flood resilience plans.</p><p>8. The Department shall engage with the following entities in the development of the Virginia Flood Protection Master Plan: the federally recognized Tribal Nations indigenous to the Commonwealth, the flooding-related research programs of institutions of higher education in the Commonwealth, the agricultural community, the economic development community, environmental nonprofit organizations, local governments, planning district commissions, regional commissions, the Commander of the U.S. Army Corps of Engineers for each district that includes a portion of the Commonwealth, the Commander of the U.S. Navy Region Mid-Atlantic, and other federal facilities located within the Commonwealth.</p><p>1989, cc. 468, 497; 2012, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0785'>785</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0819'>819</a>; 2013, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0756'>756</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0793'>793</a>; 2020, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0493'>493</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0958'>958</a>; 2021, Sp. Sess. I, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0532'>532</a>; 2022, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0494'>494</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0495'>495</a>; 2024, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0013'>13</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0753'>753</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-659/
|
VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-660
|
10.1-660
|
Coastal resilience policy; research university collaborative
|
<p>The Secretary of Natural and Historic Resources (the Secretary) and all relevant agencies, when setting coastal resilience policies, may seek input and consultation from the Commonwealth's research university collaborative, including the Virginia Coastal Resilience Collaborative at The College of William and Mary in Virginia, Virginia Sea Grant, Virginia Cooperative Extension, and the Institute for Coastal Adaptation and Resilience. The Secretary and all relevant agencies may utilize such research university collaborative's expertise, research, and data analysis for the implementation of water management techniques and coastal resilience strategies.</p><p>2023, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0807'>807</a>; 2024, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0013'>13</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter6/section10.1-660/
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VA:Title-10.1-Chapter-6
|
6
|
Flood Protection and Dam Safety
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-700
|
10.1-700
|
Definition
|
<p>As used in this article, the term "shore erosion" means the process of destruction by the action of water, wind, or ice of the land bordering any body of water including all rivers and the tidal waters of the Commonwealth.</p><p>1972, c. 855, § 21-11.17; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-700/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-701
|
10.1-701
|
Duties of Department
|
<p>The Department shall have the duty to:</p><p>1. Coordinate shore erosion control programs of all state agencies and institutions to implement practical solutions to shoreline erosion problems; however, such coordination shall not restrict the statutory authority of the individual agencies having responsibilities relating to shore erosion control;</p><p>2. Secure the cooperation and assistance of the United States and any of its agencies to protect waterfront property from destructive shore erosion;</p><p>3. Evaluate the effectiveness and practicability of current shore erosion control programs; and</p><p>4. Explore all facets of the problems and alternative solutions to determine if other practical and economical methods and practices may be devised to control shore erosion.</p><p>1972, c. 855, § 21-11.18; 1980, c. 368; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-701/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-702
|
10.1-702
|
Shore Erosion Advisory Service
|
<p>The Department is authorized to assist in carrying out the coordination responsibility of shore erosion control programs as herein assigned, and to establish a Shoreline Erosion Advisory Service.</p><p>1972, c. 855, § 21-11.19; 1980, c. 368; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-702/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-703
|
10.1-703
|
Cooperation and coordination with Virginia Institute of Marine Science
|
<p>The Department shall cooperate and coordinate with the Virginia Institute of Marine Science of The College of William and Mary in Virginia for research, training and technical advice on erosion-related problems.</p><p>1980, c. 368, § 21-11.20; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-703/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-704
|
10.1-704
|
Use of dredged material for beach nourishment; priority
|
<p>The beaches of the Commonwealth shall be given priority consideration as sites for the disposal of that portion of dredged material determined to be suitable for beach nourishment. The Secretary of Natural and Historic Resources shall have the responsibility of determining whether the dredged material is suitable for beach nourishment.</p><p>1987, cc. 220, 231, § 21-11.16:1; 1988, c. 891; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0401'>401</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-704/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-705
|
10.1-705
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Agency of this Commonwealth" includes the government of this Commonwealth and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this Commonwealth.</p><p>"Board" means the Board of Conservation and Recreation.</p><p>"Develop" or "development" means the replenishment and restoration of existing public beaches.</p><p>"Erosion" means the process of destruction by the action of wind, water, or ice of the land bordering the tidal waters of the Commonwealth.</p><p>"Government" or "governmental" includes the government of this Commonwealth, the government of the United States, and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them.</p><p>"Locality" means a county, city or town.</p><p>"Program" means the provisions of the Public Beach Conservation and Development Act.</p><p>"Public beach" means a sandy beach located on a tidal shoreline suitable for bathing in a county, city or town and open to indefinite public use.</p><p>"Reach" means a shoreline segment wherein there is mutual interaction of the forces of erosion, sediment transport and accretion.</p><p>"United States" or "agencies of the United States" includes the United States of America, the United States Department of Agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.</p><p>1980, c. 428, § 10-217; 1984, c. 750; 1985, c. 448; 1988, c. 891; 2003, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0079'>79</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0089'>89</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-705/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-706
|
10.1-706
|
Duties of the Department
|
<p>The Department shall:</p><p>1. Promote understanding of the value of public beaches and the causes and effects of erosion;</p><p>2. Make available information concerning erosion of public beaches;</p><p>3. Encourage research and development of new erosion control techniques and new sources of sand for public beach enhancement.</p><p>1980, c. 428, § 10-216; 1984, c. 235; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-706/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-707
|
10.1-707
|
Board duties; allocation of funds
|
<p>A. The Board shall (i) review the financial needs of localities for implementation of this article; (ii) determine successful applicants; (iii) determine the equitable allocation of funds among participating localities except for allocations provided for in the current general appropriations act; and (iv) oversee local implementation of approved projects.</p><p>B. The Department shall provide the Board with staff assistance and shall maintain necessary financial records.</p><p>1980, c. 428, § 10-218; 1984, cc. 739, 750; 1985, c. 448; 1986, c. 152; 1988, c. 891; 1989, cc. 656, 660; 2003, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0079'>79</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0089'>89</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-707/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-708
|
10.1-708
|
Relationship of Board and Director; guidelines
|
<p>The Board shall be responsible for the allocation of the grant fund established in § <a href='http://law.lis.virginia.gov/vacode/10.1-709/'>10.1-709</a>. The Board shall submit the names of recipient localities to the Director and the Director shall disburse funds to designated localities. The Board may establish guidelines governing application procedures, allocations or implementation standards.</p><p>1980, c. 428, § 10-219; 1984, c. 750; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-708/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-709
|
10.1-709
|
Establishment of fund; unexpended money
|
<p>A. A special fund to be known as the Public Beach Maintenance and Development Fund shall be established to provide grants to local governments covering up to one-half of the costs of erosion abatement measures designed to conserve, protect, improve, maintain and develop public beaches. No grants to any locality shall exceed 30 percent of the money appropriated to such fund for the biennium unless otherwise provided for in the current general appropriations act. Money appropriated from such fund shall be matched equally by local funds. Federal funds shall not be used by localities to match money given from the fund. Localities may, however, combine state and local funds to match federal funds for purposes of securing federal grants. Interest earned or moneys received by the Fund shall remain in the Fund and be credited to it. Any money remaining in the Fund at the close of the first fiscal year of a biennium shall not revert to the general fund and shall be reappropriated and allotted.</p><p>B. Up to $250,000 per year of the money deposited to the Fund including interest accrued may be used for the Board's administrative and operating expenses including but not limited to expenses of the Board and its members, and expenses related to duties outlined in §§ <a href='http://law.lis.virginia.gov/vacode/10.1-701/'>10.1-701</a>, <a href='http://law.lis.virginia.gov/vacode/10.1-702/'>10.1-702</a>, <a href='http://law.lis.virginia.gov/vacode/10.1-703/'>10.1-703</a>, <a href='http://law.lis.virginia.gov/vacode/10.1-706/'>10.1-706</a>, and <a href='http://law.lis.virginia.gov/vacode/10.1-707/'>10.1-707</a>. All such expenditures shall be subject to approval by the Board.</p><p>C. Money that remains unobligated by the Board from the fund at the end of the biennium for which it was appropriated shall be retained and shall become a Special Emergency Assistance Fund to be used at the discretion of the Governor for the emergency conservation and development of public beaches damaged or destroyed by an unusually severe storm, hurricane or other natural disaster.</p><p>1980, c. 428, § 10-220; 1982, c. 329; 1986, c. 152; 1988, c. 891; 2003, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0079'>79</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0089'>89</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-709/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-710
|
10.1-710
|
Guidelines for allocation of grant funds
|
<p>The Board shall consider the following when selecting localities for program participation and in determining grant allocations:</p><p>1. Present and future beach ownership;</p><p>2. Erosion caused by public navigational works;</p><p>3. Intensity of use;</p><p>4. Availability of public beaches in the vicinity;</p><p>5. Evidence of a locality's ability and willingness to develop a long-term capacity to combat erosion;</p><p>6. Rate of erosion;</p><p>7. Actions of a locality which lead to, or may result in, the erosion of beaches; and</p><p>8. Such other matters as the Board shall deem sufficient for consideration.</p><p>1980, c. 428, § 10-221; 1984, c. 235; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-710/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-711
|
10.1-711
|
Local erosion advisory commissions
|
<p>In order to qualify for the program, localities shall establish local erosion advisory commissions which shall determine local erosion problems, review the locality's erosion control projects, suggest strategies for the future, and assess program implementation.</p><p>1980, c. 428, § 10-222; 1984, c. 235; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter7/section10.1-711/
|
VA:Title-10.1-Chapter-7
|
7
|
SHORELINE EROSION AND PUBLIC BEACH PRESERVATION
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-800
|
10.1-800
|
Repealed
|
<p>Repealed by Acts 1989, c. 656.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter8/section10.1-800/
|
VA:Title-10.1-Chapter-8
|
8
|
HISTORIC LANDMARKS AND MONUMENTS [Repealed]
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-900
|
10.1-900
|
Repealed
|
<p>Repealed by Acts 1989, c. 656.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter9/section10.1-900/
|
VA:Title-10.1-Chapter-9
|
9
|
VIRGINIA ANTIQUITIES ACT [Repealed]
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:11-1
|
11-1
|
Certain contracts void as to creditors and purchasers unless in writing; law governing validity of contracts creating security interests
|
<p>Every contract, not in writing, made in respect to real estate or goods and chattels in consideration of marriage, or made for the conveyance or sale of real estate, or a term therein of more than five years, and, except as otherwise provided in § <a href='http://law.lis.virginia.gov/vacode/8.2-402/'>8.2-402</a> of the Uniform Commercial Code, every bill of sale or contract for the sale of goods and chattels when the possession is allowed to remain with the seller, shall be void, both at law and in equity, as to purchasers for value and without notice and creditors; provided, however, that if any such contract or bill of sale as is mentioned in this section creates a security interest as defined in the Uniform Commercial Code, its validity and enforceability shall be governed by the provisions of that Code.</p><p>Code 1919, § 5192; 1964, c. 314; 1966, c. 397.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-1/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-2
|
11-2
|
When written evidence required to maintain action
|
<p>Unless a promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, is in writing and signed by the party to be charged or his agent, no action shall be brought in any of the following cases:</p><p>1. To charge any person upon or by reason of a representation or assurance concerning the character, conduct, credit, ability, trade, or dealings of another, to the intent or purpose that such other may obtain thereby, credit, money, or goods;</p><p>2. To charge any person upon a promise made after attaining the age of majority, to pay a debt contracted during infancy, or upon a ratification after attaining the age of majority, of a promise or simple contract made during infancy;</p><p>3. To charge a personal representative upon a promise to answer any debt or damages out of his own estate;</p><p>4. To charge any person upon a promise to answer for the debt, default, or misdoings of another;</p><p>5. Upon any agreement made upon consideration of marriage;</p><p>6. Upon any contract for the sale of real estate, or for the lease thereof for more than a year;</p><p>7. Upon any agreement or contract for services to be performed in the sale of real estate by a party defined in § <a href='/vacode/54.1-2100/'>54.1-2100</a>;</p><p>8. Upon any agreement that is not to be performed within a year; or</p><p>9. Upon any agreement or promise to lend money or extend credit in an aggregate amount of $25,000 or more.</p><p>The consideration need not be set forth or expressed in the writing, and it may be proved (where a consideration is necessary) by other evidence.</p><p>Code 1919, § 5561; 1976, c. 157; 1990, c. 570; 2024, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0459'>459</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0621'>621</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-2/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-2.01
|
11-2.01
|
Promise after bankruptcy must be in writing
|
<p>When a debtor is adjudicated a bankrupt or discharged in a bankruptcy proceeding any promise to pay such debt, after such adjudication or discharge, shall be in writing for any action at law or in equity to be maintained thereupon.</p><p>Code 1950, § 8-512; 1977, c. 624.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-2.01/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-2.1
|
11-2.1
|
Goods sent by mail
|
<p>No suit shall be maintained, or judgment rendered, either at law or in equity, in any court of this Commonwealth, to recover any goods, property or thing, or the value thereof, which has been sent to any person by mail, unless such goods, property or thing has been impliedly or expressly ordered by the person to whom the same has been sent and received or unless it be proved that such person has appropriated such goods, property, or thing to his own use.</p><p>1952, c. 326.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-2.1/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-2.2
|
11-2.2
|
Unsolicited goods deemed gift to recipient
|
<p>If any person, firm, partnership, association or corporation, or any agent or employee thereof, shall in any manner or by any means offer for sale goods, wares or merchandise when the offer includes the voluntary and unsolicited sending of any goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing, then the sender of any such unsolicited goods, wares or merchandise shall for all purposes be deemed to have made an unconditional gift to the recipient thereof, who may use or dispose of such goods, wares or merchandise in any manner he deems proper without any obligation to return the same to the sender or to pay him therefor.</p><p>1970, c. 386.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-2.2/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-2.3
|
11-2.3
|
Repealed
|
<p>Repealed by Acts 1991, c. 458.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-2.3/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-2.4
|
11-2.4
|
Notice of possible filing of mechanics' lien required
|
<p>Every contract made on or after July 1, 1992, for the purchase of residential real property shall include the following provision:</p><p>NOTICE </p><p>Virginia law (§ <a href='http://law.lis.virginia.gov/vacode/43-1/'>43-1</a> et seq.) permits persons who have performed labor or furnished materials for the construction, removal, repair or improvement of any building or structure to file a lien against the property. This lien may be filed at any time after the work is commenced or the material is furnished, but not later than the earlier of (i) 90 days from the last day of the month in which the lienor last performed work or furnished materials or (ii) 90 days from the time the construction, removal, repair or improvement is terminated.</p><p>AN EFFECTIVE LIEN FOR WORK PERFORMED PRIOR TO THE DATE OF SETTLEMENT MAY BE FILED AFTER SETTLEMENT. LEGAL COUNSEL SHOULD BE CONSULTED.</p><p>Failure of a contract for the purchase of residential real property to include the notice required by this section shall not void such contract.</p><p>1992, c. 606.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-2.4/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-3
|
11-3
|
Sealed writings; writings not purporting to be sealed
|
<p>Any writing to which a natural person, corporation, limited liability company or partnership, whether general or limited, making it affixes a scroll by way of a seal, shall be of the same force as if it were actually sealed. The impression or stamping of a corporate or an official seal on paper or parchment alone shall be as valid as if made on wax or other adhesive substance. And any writing to which a natural person, corporation, limited liability company or partnership, whether general or limited, making it affixes his signature, or their signatures, and which writing in its body says "this deed," or "this indenture," or other words importing a sealed instrument, or recognizes a seal, shall be of the same force as if it were actually sealed by such person, corporation, limited liability company or partnership, although no seal or scroll be attached; and any writing signed by a natural person, corporation, limited liability company or partnership, whether general or limited, and regularly acknowledged before an officer authorized to take acknowledgments of deeds to be recorded in this Commonwealth, in the body of which writing it clearly appears that the person so signing and acknowledging the same intends to and does grant or convey unto the grantee named therein certain real estate as therein described, and in which the writing is not said to be a deed or an indenture, and does not purport to be sealed, and to which no seal or scroll is attached, such writing shall pass the title to such real estate as effectually as if it were written and executed in strict accordance with the provisions of § <a href='/vacode/55.1-300/'>55.1-300</a>; and any such writing admitted to record prior to June 19, 1946, shall be of the effect as if made and recorded thereafter, except as to vested rights already attached contrary to such writing.</p><p>Code 1919, § 5562; 1934, p. 524; 1946, pp. 59, 426; 1975, c. 500; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0265'>265</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-3/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-4
|
11-4
|
Sizes of type in printed contracts
|
<p>No contract in writing entered into between a citizen of this Commonwealth and any person, firm, company or corporation, domestic or foreign, doing business in this Commonwealth, for the sale and future delivery of any goods or chattels, machinery or mechanical devices, or personal property of any kind or sort whatsoever, shall be binding upon the purchaser, where the form is printed and furnished by the person, firm, company or corporation, unless all of the provisions of such contract are clearly and plainly printed or written; and, where printed, such provisions and covenants and all stipulations as to the rights of the vendor shall be in type of not less than the size known as ten point; and, wherever in such contract, printed upon a form furnished by the vendor, it is stipulated that the vendor is not to be bound by any verbal agreement or modification of the terms of such printed contract, then such stipulation shall be printed as a separate paragraph or paragraphs and in type not smaller than pica. Should any of the contract, including the special stipulation hereinbefore mentioned, be printed in less than the size of type hereby prescribed, and the agent or salesman of such person, firm, company or corporation enter into any verbal or written or collateral agreement with the vendee, on the part of the person, firm, company or corporation, modifying or changing such printed agreement or the parts of the contract which are printed, then the vendee may, in any action instituted to enforce such contract, or the payment of any sum of money agreed to be paid under such contract, be allowed to introduce such collateral agreement, or contract in modification thereof, or any verbal statement made by the agent or salesman in modification thereof, in evidence in such action, and the same, if proved, shall be considered by the court or jury trying the case as a part of such printed contract.</p><p>1920, p. 362; Michie Code 1942, § 5562a.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-4/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-4.1
|
11-4.1
|
Certain indemnification provisions in construction contracts declared void
|
<p>Any provision contained in any contract relating to the construction, alteration, repair or maintenance of a building, structure or appurtenance thereto, including moving, demolition and excavation connected therewith, or any provision contained in any contract relating to the construction of projects other than buildings by which the contractor performing such work purports to indemnify or hold harmless another party to the contract against liability for damage arising out of bodily injury to persons or damage to property suffered in the course of performance of the contract, caused by or resulting solely from the negligence of such other party or his agents or employees, is against public policy and is void and unenforceable. This section applies to such contracts between contractors and any public body, as defined in § <a href='http://law.lis.virginia.gov/vacode/2.2-4301/'>2.2-4301</a>.</p><p>This section shall not affect the validity of any insurance contract, workers' compensation, or any agreement issued by an admitted insurer.</p><p>The provisions of this section shall not apply to any provision of any contract entered into prior to July 1, 1973.</p><p>1973, c. 273; 1974, c. 430; 1991, c. 363.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-4.1/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-4.1:1
|
11-4.1:1
|
Waiver of payment bond claims and contract claims; construction contracts
|
<p>A subcontractor as defined in § <a href='http://law.lis.virginia.gov/vacode/43-1/'>43-1</a>, lower-tier subcontractor, or material supplier may not waive or diminish his right to assert payment bond claims or his right to assert claims for demonstrated additional costs in a contract in advance of furnishing any labor, services, or materials. A provision that waives or diminishes a subcontractor's, lower-tier subcontractor's, or material supplier's right to assert payment bond claims or his right to assert claims for demonstrated additional costs in a contract executed prior to providing any labor, services, or materials is null and void.</p><p>2015, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0748'>748</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-4.1:1/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-4.2
|
11-4.2
|
Repealed
|
<p>Repealed by Acts 1975, c. 448.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-4.2/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-4.3
|
11-4.3
|
When acceleration of payment or repossession of consumer goods not allowed
|
<p>Notwithstanding any provisions in a contract, other evidence of indebtedness or security agreement arising from a sale or financing of consumer goods as defined in § <a href='http://law.lis.virginia.gov/vacode/8.9A-102/'>8.9A-102</a> of this Code, no acceleration of payment or repossession on account of late payment or nonpayment of an installment shall be permitted if payment, together with any late payment penalty permitted under § <a href='http://law.lis.virginia.gov/vacode/6.2-400/'>6.2-400</a>, is made within ten days of the date on which the installment was due.</p><p>1974, c. 572.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-4.3/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
VA:11-4.4
|
11-4.4
|
Certain indemnification and duty to defend provisions in contracts with design professionals declared void
|
<p>Any provision contained in any contract relating to the planning or design of a building, structure or appurtenance thereto, including moving, demolition or excavation connected therewith, or any provision contained in any contract relating to the planning or design of construction projects other than buildings by which the architect or professional engineer performing such work purports to indemnify or hold harmless another party to the contract against liability for damage arising out of bodily injury to persons or damage to property suffered in the course of the performance of the contract, caused by or resulting solely from the negligence of such other party, his agents or employees, is against public policy and is void and unenforceable.</p><p>This section shall apply to such contracts between an architect or professional engineer and any public body as defined in § <a href='/vacode/2.2-4301/'>2.2-4301</a>. Every provision contained in a contract between an architect or professional engineer and a public body relating to the planning or design of a building, structure or appurtenance thereto, including moving, demolition or excavation connected therewith, or relating to the planning or design of construction projects other than buildings by which the architect or professional engineer performing such work purports to indemnify or hold harmless the public body against liability is against public policy and is void and unenforceable. This section shall not be construed to alter or affect any provision in such a contract that purports to indemnify or hold harmless the public body against liability for damage arising out of the negligent acts, errors or omissions, recklessness or intentionally wrongful conduct of the architect or professional engineer in performance of the contract.</p><p>Any provision contained in any contract relating to the planning or design of a building, structure, or appurtenance thereto, including moving, demolition, or excavation connected therewith, or any provision contained in any contract relating to the planning or design of construction projects by which any party purports to impose a duty to defend on any other party to the contract, is against public policy and is void and unenforceable.</p><p>This section shall not affect the validity of any insurance contract, workers' compensation, or any agreement issued by an admitted insurer.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0341'>341</a>; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0670'>670</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1015'>1015</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title11/chapter1/section11-4.4/
|
VA:Title-11-Chapter-1
|
1
|
GENERAL PROVISIONS
|
VA:Title-11
|
11
|
Contracts
|
VA
|
Code of Virginia
|
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