33.1-176 - Duty of owner or occupier of dam.
§ 33.1-176. Duty of owner or occupier of dam.
Every owner or occupier of a dam shall, so far as any state highway passesover the same, keep such dam in good order, at least twelve feet wide at thetop, and also keep in good order the substructure of a bridge of like widthover the pier heads, floodgates or any wastecut through or around the dam;provided, however, that when the above has been done, the superstructure ofany such bridge shall be maintained by the Commonwealth TransportationCommissioner. The Commissioner shall inspect all such bridges and report tothe owner in writing needed repairs. If such owner fails to comply with theprovisions of this article, he shall be deemed guilty of a misdemeanor and,upon conviction thereof, shall be fined two dollars for every such failure oftwenty-four hours. But if a milldam is carried away or destroyed by flood orany other extraordinary natural cause, the owner or occupier thereof shallnot be subject to such fine until one month after any mill, operated in wholeor in part by water impounded by such dam, has been put into operation bysuch waterpower.
(Code 1950, § 33-90; 1970, c. 322.)