4VAC50-20-60: Required permits

A. No person or entity shall construct or begin to construct a new impounding structure until the board has issued a construction permit.

B. No person or entity shall alter or begin to alter an existing impounding structure until the board has issued an alteration permit. If an owner or the owner's engineer has determined that circumstances are impacting the integrity of the impounding structure that could result in the imminent failure of the impounding structure, temporary repairs may be initiated prior to approval from the board. The owner shall notify the department within 24 hours of identifying the circumstances impacting the integrity of the impounding structure. Such emergency notification shall not relieve the owner of the need to obtain an alteration permit as soon as may be practicable, nor shall the owner take action beyond that necessary to address the emergency situation.

C. When the owner submits an application to the board for any permit to construct or alter an impounding structure, the owner shall also inform the local government jurisdiction or jurisdictions that might be affected by the permit application.

D. In evaluating construction and alteration permit applications the director shall use the design criteria and standards referenced in 4VAC50-20-320.