1. A. Impounding structures operated primarily for agricultural purposes that are less than 25 feet in height or that create a maximum impoundment capacity smaller than 100 acre-feet are exempt from the Impounding Structure Regulations.

2. B. An owner covered by an agricultural exemption pursuant to § 10.1-604 of the Code of Virginia and 4VAC50-20-30 may validate such exemption by submitting an Agricultural Exemption Report (Agricultural Exemption Report for Impounding Structures). The Agricultural Exemption Report shall include the following information:

   1. 1. Project information including the name and inventory number of the structure and name of the reservoir;
   2. 2. Location of the impounding structure including the city or county, number of feet or miles upstream or downstream of a highway and the highway number, name of the river or the stream, and the latitude and longitude;
   3. 3. Owner's name or representative if corporation, mailing address, residential and business telephone numbers, and other means of communication;
   4. 4. The impounding structure height in feet and the maximum impounding capacity in acre-feet;
   5. 5. A list of the agricultural functions for which the impoundment supplies water;
   6. 6. The date of validation; and
   7. 7. The owner's signature validating that the impoundment is operated primarily for agricultural purposes and is exempt from the regulations.
3. C. The Agricultural Exemption Report may be verified by the department through a site visit.

Statutory Authority

§ 10.1-605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.