TITLE 4. CONSERVATION AND NATURAL RESOURCES

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Soil and Water Conservation Board intends to consider amending 4VAC50-20, Impounding Structure Regulations. The purpose of the proposed action is to clarify regulation requirements, enhance consistency in implementation, and align certain provisions with current engineering practices. This regulatory action will amend (i) definitions used to determine maximum impounding capacity, updating hazard potential classification criteria, and (ii) the definition of significant hazard potential, revising the methodology used for conducting incremental damage analysis, establishing minimum design standards for dam decommissioning projects, and updating the emergency action plan requirements for high and significant hazard potential dams. The intent of this regulatory action is to ensure that impounding structures are classified and regulated based on current risk assessment practices and clearly defined criteria, while providing dam owners and engineers with more consistent and predictable regulatory requirements.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-605 of the Code of Virginia.

Public Comment Deadline: October 7, 2026.

Agency Contact: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, fax (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.