Virginia Dam Safety Regulations

Virginia Dam Safety Regulations are Under Review
Existing Dam Owners May Face New Costs


The Virginia Soil and Water Conservation Board (VSWCB) is considering a change to the Dam Safety Regulations, an alternative is being considered that would require existing dam owners to upgrade their dams to compensate for the additional potential hazards created by subsequent downstream development.

A decision will be made at the next VSWCB meeting, which will be held at 9:30 a.m. on Thursday, July 21, 2005, at the Natural Resources Conservation Service’s Richmond Office.

Currently, dams are classified by their size, as well as the hazard potential that is expected during the life of the dam based on current development conditions and zoning. Several dam owners have expressed concerns with the costs associated with updating dams in order to meet compliance when changes in development conditions within the downstream inundation zone have resulted in a change in the classification. The Ad Hoc Dam Safety Study Committee was therefore established specifically to review Section 40 (the Classes of Impounding Structures), Section 501 (Performance Standards Required for Impounding Structures), and the Impounding Structures Table 1 of the Virginia Impounding Structures Regulations.

The Committee met four times as a workgroup to develop several alternatives to the current regulations. Ultimately, two alternatives were recommended in a report titled, Report of the Ad Hoc Dam Safety Committee to the Virginia Soil and Water Conservation Board, dated April 30, 2005.

The first recommended alternative is to require both new and existing dams to meet the same design and safety requirements. This alternative would still require spillways to be designed for the full Probable Maximum Flood (PMF) for the highest hazard dams and would require some owners to have to upgrade their impounding structure.

The second recommended alternative is to provide alternative standards for existing dams. This alternative would allow less stringent design standards for dam owners who could justify/demonstrate that their existing impounding structure would result in no significant increase in downstream hazard. This would result in decisions being made on a case-by-case basis, requiring more time, coordination, negotiation and possibly field monitoring to make such decisions.

In addition to recommending the alternatives, the report also included in the conclusions that “...the Committee also recommends that efforts be made to increase the degree to which dam safety is recognized and considered by the public and local officials as they make land use and development decisions. The Committee also believes that land use zoning needs to be adopted or adjusted to take the inundation area into account.”

The Ad Hoc Dam Safety Committee presented their recommendations to the VSWCB on Thursday, May 19, 2005. The Committee provided more support for Alternative 2, but was specific in pointing out that both alternatives would result in achieving the same level of protection from potential hazards. After discussing both alternatives, the VSWCB unanimously passed the following motion:

“...that the Virginia Soil and Water Conservation Board accept the report of the Ad Hoc Dam Safety Study Committee and direct the staff to provide further information regarding Alternatives 1 and 2 at the July meeting.”

If you are concerned about this issue, you should attend the Board's next meeting and articulate your concerns.

For more information concerning this topic, contact Mike Marsala.

1Section 50 has been excerpted for easy reading in Table 1.