Virginia § 10.1-613.3 No liability of Board, Department, employees, or agents

Virginia Statutes

§ 10.1-613.3 — No liability of Board, Department, employees, or agents

Virginia § 10.1-613.3

JurisdictionVirginia

Title 10.1CONSERVATION

Subtitle IACTIVITIES ADMINISTERED BY THE DEPARTMENT OF CONSERVATION AND RECREATION

Ch. 6FLOOD PROTECTION AND DAM SAFETY

Art. 2DAM SAFETY ACT

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Bluebook

Va. Code Ann. § 10.1-613.3 (2026).

Text

An owner may not bring an action against the Commonwealth, the Board, the Department, or agents or employees of the Commonwealth for the recovery of damages caused by the partial or total failure of a dam or reservoir, or by the operation of a dam or reservoir, or by an act or omission in connection with:

1.Approval of the construction, alteration, or maintenance of a dam or reservoir, or approval of flood-operations plans during or after construction;

2.Issuance or enforcement of orders relating to maintenance or operation of the dam or reservoir;

3.Control or regulation of the dam or reservoir;

4.Measures taken to protect against failure of the dam or reservoir during an emergency;

5.Investigations or inspections authorized under this article;

6.Use of design and construction

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An owner may not bring an action against the Commonwealth, the Board, the Department, or agents or employees of the Commonwealth for the recovery of damages caused by the partial or total failure of a dam or reservoir, or by the operation of a dam or reservoir, or by an act or omission in connection with:

1. Approval of the construction, alteration, or maintenance of a dam or reservoir, or approval of flood-operations plans during or after construction;

2. Issuance or enforcement of orders relating to maintenance or operation of the dam or reservoir;

3. Control or regulation of the dam or reservoir;

4. Measures taken to protect against failure of the dam or reservoir during an emergency;

5. Investigations or inspections authorized under this article;

6. Use of design and construction criteria prepared by the Department; or

7. Determination of the hazard classification of the dam.