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]
Action:
Amendment to Virginia Impounding Structure Regulations to grandfather certain dams from changes made to the Regulations in 2008 for one permit cycle
Action 3388
 
General Information
Action Summary The proposed regulation would grandfather certain dams from requirements of the Virginia Soil and Water Conservation Board’s (Board) Virginia Impounding Structure Regulations that first came into effect in 2008 for one six-year permit cycle. These dams had been issued Construction Permits (permits to build a new dam) or Alteration Permits (permits to make repairs and upgrades to existing dams) under a previous version of the Regulations that was effective prior to September 26, 2008. In some cases, these dams later completed construction fully in compliance with the conditions of their permits, only for it to be found that they may not be fully compliant with all changes made to the Regulations effective September 26, 2008. Under the current regulations, there is no provision for grandfathering these dams or providing an extended timeframe for compliance. The proposed regulation would specify that these dams will be issued Regular Operation and Maintenance Certificates, and thus be found in compliance with the Regulations, for one full six year permit cycle. After this time, they would need to meet the standards applied to other dams throughout the Commonwealth.
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [002491]
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
5709 Fast-Track Stage complete. This regulation became effective on 12/22/2011.
 
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.