1. A. VDOT may permit dams for farm ponds within the right-of-way. The local soil and water conservation district, as defined in § 10.1-500 of the Code of Virginia, will coordinate the approval of all requests to establish farm ponds, including existing or proposed roadway occupation of the dam, with the district administrator's designee. For the purpose of this section, a roadway will be considered to accommodate a farm pond dam if:

   1. 1. Any part of the fill for the roadway and the fill for the dam overlap;
   2. 2. The area between the two embankments is filled in so that the downstream face of the dam is obscured; or
   3. 3. A closed drainage facility from a dam extends under a roadway fill.
2. B. The permittee acknowledges that VDOT's liability is limited to the maintenance of the roadway and that VDOT has no responsibility or liability due to the presence of the dam, the maintenance of which shall remain the responsibility of the permittee.
3. C. All other roadway occupation of dams shall be in accordance with the Secondary Street Acceptance Requirements (24VAC30-92).

Statutory Authority

§ 33.2-210 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.