29.1-532 - Dams and fishways.
§ 29.1-532. Dams and fishways.
Any dam or other object in a watercourse, which obstructs navigation or thepassage of fish, shall be deemed a nuisance, unless it is used to work amill, factory or other machine or engine useful to the public, and is allowedby law or order of court. Any person owning or having control of any dam orother obstruction in the streams of the Commonwealth which may interfere withthe free passage of anadromous and other migratory fish, shall provide everysuch dam or other obstruction with a suitable fishway unless the Boardconsiders it unnecessary. The purpose of such a fishway is for anadromous andother migratory fish to have free passage up and down the streams duringMarch, April, May and June, and down the streams throughout the remainingmonths. "Suitable fishway" means a fishway which passes significant numbersof the target fishes, as determined by the Board.
Owners of such dams or other authorized obstructions shall maintain and keepfishways operational, in good repair, and restore them in case of destruction.
Owners of dams or other obstructions which are not authorized by law musthave the obstacles removed at their expense when the Board determines thatthe obstacles interfere with the free passage of anadromous and othermigratory fish within the streams of the Commonwealth.
The circuit court of the county or city in which the dam is situated, afterreasonable notice to the parties or party interested and upon satisfactoryproof of the failure to comply, may order any necessary construction ordestruction to be initiated or put in good repair at the expense of the ownerof the dam or other obstruction. All such construction or destruction must beinitiated within one year of the court order and completed within three yearsof the court order.
Any person failing to comply with this section shall pay as a penalty apercentage of the estimated cost of construction or destruction equal to thepercentage specified on the judgment rate of interest pursuant to §6.1-330.54, and the Board shall provide construction or destruction costestimates.
Penalties collected pursuant to this section shall be directed to theDepartment of Game and Inland Fisheries.
This section shall not apply to the Meherrin River within the Counties ofBrunswick and Greensville, nor to the Meherrin River within or between theCounties of Lunenburg and Mecklenburg, nor to the Nottoway River between theCounties of Lunenburg and Nottoway, nor to Abram's Creek in Shawnee district,Frederick County, nor to the James River between the City of Lynchburg andthe County of Amherst, nor to the James River within the City of Richmond andbetween the City of Richmond and Henrico County, except that the exemptionfor those dams west of Virginia Route 161 which are located on the JamesRiver within the City of Richmond and between the City of Richmond andHenrico County shall expire on January 1, 1990, nor any streams within theCounties of Augusta, Lunenburg, Mecklenburg, Louisa, Buckingham, Halifax,Montgomery, Pulaski, Franklin, Russell, Tazewell, Giles, Bland, Craig, Wythe,Carroll and Grayson, nor to that part of any stream that forms a part of theboundary of Halifax and Franklin Counties. Furthermore, no fish ladders shallbe required on dams twenty feet or more in height. The City of Richmond shallcontinue to work with the Department of Game and Inland Fisheries towardimplementing and funding a plan for breaching dams to provide fishways forthe passage of anadromous and other migratory fish.
(Code 1950, § 29-151; 1950, p. 891; 1958, c. 607; 1987, c. 488; 1988, c. 487.)