Virginia bill threatens to put its citizens and local rivers at risk

I agree that development of land within the inundation zone years after has been built puts a burden on the dam owner, and that said developers should also share in the burden of ensuring a dam meets safety standards. In fact, in 2008, we also saw the Virginia General Assembly adopt HB 837 in an effort to hold developers accountable. As I am sure you are aware, if the proposed development will change the spillway design flood standards of the impounding structure, the development can not be approved unless it is modified so that it does not change the spillway design flood standards or the developer contributes a payment for the necessary upgrades to the impounding structure. Unfortunately, this law only applies to proposed development downstream of a dam and not development already in place at the time the law was passed. I happen to know that the particular dam that sparked this legislation was a privately owned dam held by a homeowner's association (HOA). The HOA in question did not having the funding to bring the dam in question up to standards so, instead, pursued legislation that would give them an exemption. However, Dr. Peter is right about dam ownership in the state, and state agencies, counties, towns and cities should also be held accountable to the same standards as private owners. The bottom line is that owning a dam is a serious responsibility, and if a dam owner is unable to meet minimum requirements of said ownership, then they might want to get out of the dam owning business.

Clearly an article written by the less well informed for the even less informed. The DAM standards that were imposed more than 8 years ago (compliance with the Noah's Arc flood) are ridiculous. Learn more about that and you'll understand why this legislation is needed.

FYI most of these dams that do not meet the new regulations are owned by state agencies or counties, towns or cities. Few are owned by private citizens. The Virginia Dam Safety office needs to enforce getting these public dams write Emergency Action Plans that meet FEMA standards.

Dam safety regulations enacted in 2008 are unjustly burdensome on dam owners, open to many different interpretations, have been falsely interpreted by Department of Conservation and Recreation regional heads, and hold dam owners to a higher safety standard than almost all owners of man-made structures in the State. Dam owners currently are, but should not be, held response for altering spillway designs because of development of land in inundation zones since the dam was built. Current requirements to deepen/widen spillways to meet certain flood conditions actually may increase the risk to property and life in some situations. Land developers in inundation zones should be required to build structures in these zones, and construct water/material barriers, that would make loss of life and economic property damage unlikely to result from dam failure. Responsibilities of regulated dam owners, that satisfied State standards at the time of their construction, should be limited to regular inspection, maintenance, repair (when found necessary), and execution of an emergency action or preparedness plan when risks to life or property so dictate. Unless developers of land in inundation zones pay for necessary protections of the structures they build, the State should pay for any dam repairs it finds necessary as Senate Bill 276 recommends.

Right on! This is a bad bill. For the last 30 years, state dam safety officials, federal dam owners and regulators, national dam safety organizations, dam safety experts, and even the Executive Office of the President, have been consistent with a policy that the owner of a dam is responsible for its maintenance and safety. Owership means responsible stewardship and compliance with state dam safety regulations to protect the public should the dam fail. If you own a dam and can't afford to keep it safe, either sell it to someone who can, breach and empty it, or remove it.