10.1-604 - Definitions.

§ 10.1-604. Definitions.

As used in this article, unless the context requires a different meaning:

"Alteration" means changes to an impounding structure that could alter oraffect its structural integrity. Alterations include, but are not limited to,changing the height or otherwise enlarging the dam, increasing normal pool orprincipal spillway elevation or physical dimensions, changing the elevationor physical dimensions of the emergency spillway, conducting necessaryrepairs or structural maintenance, or removing the impounding structure.

"Board" means the Soil and Water Conservation Board.

"Construction" means the construction of a new impounding structure.

"Dam break inundation zone" means the area downstream of a dam that wouldbe inundated or otherwise directly affected by the failure of a dam.

"Height" means the structural height of a dam which is defined as thevertical distance from the natural bed of the stream or watercourse measuredat the downstream toe of the dam to the top of the dam.

"Impounding structure" means a man-made structure, whether a dam across awatercourse or other structure outside a watercourse, used or to be used toretain or store waters or other materials. The term includes: (i) all damsthat are twenty-five feet or greater in height and that create an impoundmentcapacity of fifteen acre-feet or greater, and (ii) all dams that are six feetor greater in height and that create an impoundment capacity of fiftyacre-feet or greater. The term "impounding structure" shall not include:(a) dams licensed by the State Corporation Commission that are subject to asafety inspection program; (b) dams owned or licensed by the United Statesgovernment; (c) dams operated primarily for agricultural purposes which areless than twenty-five feet in height or which create a maximum impoundmentcapacity smaller than 100 acre-feet; (d) water or silt retaining damsapproved pursuant to § 45.1-222 or § 45.1-225.1; or (e) obstructions in acanal used to raise or lower water.

"Owner" means the owner of the land on which a dam is situated, the holderof an easement permitting the construction of a dam and any person or entityagreeing to maintain a dam.

"Watercourse" means a natural channel having a well-defined bed and banksand in which water normally flows.

(1982, c. 583, § 62.1-115.1; 1986, c. 9; 1988, c. 891; 2001, c. 92; 2006, c.30.)