A. All agencies and departments of the Commonwealth shall comply with the following when undertaking development activities, including the construction or rehabilitation of buildings and structures, on state-owned property located in a flood plain:

Terms Used In Virginia Code 10.1-603

  • Department: means the Department of Conservation and Recreation. See Virginia Code 10.1-100
  • Dependent: A person dependent for support upon another.
  • Flood plain management regulations: means zoning ordinances, subdivision regulations, the building code, health regulations, special purpose ordinances such as flood plain ordinances, grading ordinances or erosion control ordinances, and other rules, regulations and ordinances which may affect flood plain uses. See Virginia Code 10.1-600
  • in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
  • Locality: means a county, city, or town. See Virginia Code 10.1-600
  • National flood insurance program: means the program established by the United States Congress under provisions of the National Flood Insurance Act of 1968, as amended, and as expanded in the Flood Disaster Protection Act of 1973, designed to provide flood insurance at rates made affordable through federal subsidy. See Virginia Code 10.1-600
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • state agency: means the same as that term is defined in § 2. See Virginia Code 1-206

1. Adhere to all local flood plain management regulations as defined in § 10.1-600; or

2. Receive formal approval from the Department regarding compliance with the applicable state standard for development in a flood plain, provided that such standard does not jeopardize a locality‘s participation in the National Flood Insurance Program.

B. Compliance with the provisions of subsection A shall be documented and provided in the form of a permit by the Department to the applicant prior to preliminary design approval of a project by the Department of General Services, if such approval by the Department of General Services is otherwise applicable. If any changes are made to the preliminary design during the review conducted by the Department of General Services, the Department of General Services will coordinate with the Department to ensure the permit issued is still appropriate.

C. A permit may be issued by the Department if no feasible alternative to development in a flood plain exists. However, such permit shall be issued only if:

1. Issuing the permit will not result in increased flood heights in excess of the state standard, additional threats to public safety, or extraordinary public expense;

2. The development activities, including the construction or rehabilitation of a building or structure, is demonstrated to be a functionally dependent use, such as water treatment facilities, boat houses, fish hatcheries, or other similar uses;

3. The facility is historic and requires repair or rehabilitation and it has been demonstrated that the proposed repair or rehabilitation will not preclude the facility’s continued designation as a historic structure and the permit is the minimum necessary to preserve the historic character and design of the facility; or

4. The development activity is demonstrated to be necessary to protect public health, safety, and welfare.

D. If the Department does not issue a permit for a project, the Department of General Services shall not approve such project.

E. The Department shall provide all permits in writing to the applicant and the locality and shall maintain all documentation associated with permits issued by the Department in perpetuity.

F. The Department may enter into a memorandum of understanding with a state agency to outline procedures and processes to review proposed development activities, including the construction or rehabilitation of buildings and structures, on state-owned property located in a flood plain. A memorandum of understanding with a state agency may also establish alternative approvals and processes for compliance with the applicable state standard pursuant to subsection A. Alternative approvals and processes may include the development and issuance of permits by the Department for certain eligible activities.

1977, c. 310, § 62.1-44.108; 1988, c. 891; 1989, cc. 468, 497; 2023, cc. 762, 777.

  Previous section
Next section  
 Article 1 Contents