Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Conservation and Recreation
Board
Virginia Soil and Water Conservation Board
chapter
Impounding Structure Regulations [4 VAC 50 ‑ 20]
This action is part of the regulatory reform initiative.
Action:
Amendment to the Impounding Structure Regulations to provide economic and regulatory relief.
 
General Information
Action Summary Changes being advanced by this regulatory action are largely in response to requirements placed in the Code of Virginia during the last several General Assembly Sessions that directed the Board to: • Adopt regulations that consider the impact of downstream limited-use or private roadways with low traffic volume and low public safety risk on the determination of the hazard potential classification of an impounding structure under the Dam Safety Act (§ 10.1-604 et seq.). • Adopt regulations in accordance with § 10.1-605 to establish a simplified methodology for dam break inundation zone analysis. • Develop a general permit for the regulation of low hazard potential impounding structures in accordance with § 10.1-605. The regulations contain provisions that address these Code requirements and offer a balance between public safety and the reduced risks associated with low hazard impounding structures. The key elements of the regulations include: • Provisions to allow for the use of incremental damage analyses to modify hazard potential classifications; • The use of an annual average daily traffic (AADT) volume of 400 vehicles or less as the number where a roadway may be considered “limited use” and processes by which such an impounding structure may qualify for low hazard potential classification; • The implementation of a streamlined general permit process with reduced requirements for low hazard dams; and • The ability for the Department to assist specified dam owners by conducting simplified dam break inundation zone analyses for them. All of these provisions provide true economic and regulatory relief for low hazard potential dam owners while remaining mindful of the Commonwealth’s public safety obligations.
Chapters Affected Only affects this chapter.
Exempt from APA No, this action is not exempt from Article II of the APA and executive branch review.
RIS Project Yes  [003054]
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
6110 Fast-Track Stage complete. This regulation became effective on 11/08/2012.
 
Contact Information
Name / Title: Lisa McGee  / Policy and Planning Director
Address: 600 East Main Street, 24th Floor
Richmond, VA 23219
Email Address: lisa.mcgee@dcr.virginia.gov
Phone: (804)786-4378    FAX: (804)786-6141    TDD: ()-

This person is the primary contact for this agency.