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west virginia department of environmental protection
west virginia department of environmental protection
west virginia department of environmental protection

Dam Safety

Overview

The mission of the Dam Safety Section is to protect lives and property from the danger of a dam failure. Public safety is accomplished by ensuring that dams are constructed, rehabilitated, maintained, operated, or removed in a safe manner.

Report an Emergency

In the event of a dam emergency, immediately call: 1-800-642-3074

Dam Safety Services

Certificate Issuance and Renewal

Issuance

Construction, modification, or removal of a dam under state jurisdiction requires a Certificate of Approval. Upon receipt of an application, Dam Safety reviews the design of the engineering proposal. Safety standards set by the Dam Safety Rule must be met before the Division of Water and Waste Management issues certificates. Annual renewal of Certificates helps to ensure that dams are maintained in a safe condition.  

Public Participation

Each application must be advertised as a Class 1 legal advertisement in a newspaper of general circulation in the county where the dam is located. Class 1 advertisements are published once, not on sequential days. Persons wishing to request a hearing must write to the Dam Safety Section within 15 days of the advertisement publication. Upon receipt of a hearing request, Dam Safety is required by law to schedule a hearing. Citizen's concerns will be taken into consideration in the Department's decision to either refuse, or to issue an approval.  

 

Documents and Forms

 
 

Renewal

To renew Certificates, owners are required to document the following: 

  • Up-to-date inspections
  • Approved Monitoring and Emergency Action Plan (EAP)
  • Approved Maintenance Plan
  • No outstanding safety violations
  • Payment of an annual registration fee
 

Template Documents

 
 

Inspections

In addition to safety reviews and maintenance inspections of existing dams, our inspection team also observes dams under construction to ensure standards set by the Dam Safety Rule are adhered to. Upon completion of an inspection, a report is provided to the dam owner with observations from the site visit and recommendations for maintaining compliance. Please note that inspections performed by Dam Safety do not replace the owner's periodic inspection requirements necessary to extend the Certificate of Approval for the dam.  

 

Resources

 
 

Emergency Response

Dam Safety responds to emergency calls. Engineers work closely with state and county emergency authorities to identify dam safety problems and to notify downstream residents in the event of imminent danger.  

 

Report an Emergency

In the event of a dam emergency, immediately call
(800) 642-3074  

 
 

Monitoring and Emergency Action Plans

Dam owners are liable for loss of life and property should a dam failure occur. As a result, Monitoring & Emergency Action Plan (MEAP) review and approval is an important aspect of the Dam Safety program. Owners of High Hazard (and some Significant Hazard) Potential Dams are required to develop a MEAP. Please note that hazard potential is not related to the structural integrity of a dam, but strictly to the potential for downstream flooding.  

The monitoring portion of the plan sets forth a frequency of owner inspections that varies according to weather conditions. As heavy rainfall occurs, the inspection frequency increases. If an imminent danger is identified, the emergency action portion of the plan is designed to notify downstream persons to evacuate to safe areas.  

Dam Safety provides an example MEAP to dam owners for guidance in developing a plan that will assist in recognizing potential failure conditions and enact an effective warning strategy to protect life and property downstream. Coordination with county authorities is required during plan preparation to gain an understanding of emergency response directives and limitations to the services they are able and willing to provide.  

 

Resources

 
 

Inventory of Dams

The Dam Safety Section maintains an inventory of non-coal related dams in West Virginia and contributes information to the National Inventory of Dams (NID). The NID database includes the name and location of dams, purpose, type and size of dam.  

 

Resources

 
 

General Information

Definition of a Dam

A "dam" is an artificial barrier or obstruction that impounds, or will impound, water. "Water" means any liquid, including any solids or other matter which may be contained therein, which is or may be impounded by a dam.  

The Dam Control and Safety Act (W.Va. Code 22-14-3(f)) establishes that regulated dams must be either:  

  • 25 feet or more in height and impound 15 or more acre-feet (4,917,420 gallons) of water volume
  • 6 feet or more in height and impound 50 or more acre-feet (16,391,400 gallons) of water volume

The height of the dam is the vertical distance from the natural streambed at the downstream toe of the dam to the crest. The height of dams with sloping crests shall be determined by a weighted average height above the natural bed of the stream or watercourse, excluding spillways. Water volume is measured to the crest of the dam, not to the normal reservoir level.  

 

Resources

 
 

Dams in Series

The owner(s) of each impounding structure may be required to comply with the Rule requirements if a series or combination of water-impounding structures within the same watercourse, or within the tributaries of the watercourse, which:  

  1. Cumulatively meet the definition of "dam,"
  2. Constitute a hazard to human life
  3. Failure of one or more of the impounding structures may induce failure of any or all of the remaining impounding structures

 

Exemptions

Exemptions from state jurisdiction include the following:  

  • Dams owned by the Federal Government
  • Dams that do not normally impound water, such as road fills with culverts sized to WVDOH standards
  • Dams built primarily for agricultural purposes and demonstrated to not cause loss of life if the dam fails
 
 

Frequently Asked Questions

I intend to build a pond, or farm pond, on my property and wish to know the size limits of state jurisdiction?

Answer

The jurisdiction size limits may be found in the Definition of a Dam. The great majority of private or farm ponds are too small for Dam Control and Safety Act jurisdiction, however, farm pond dams that are of jurisdiction size may meet an exemption. The exemption states that, if the purpose of the farm pond is primarily agricultural, the dam is exempt, providing there is no loss of life potential downstream. Loss of life potential is determined using a dam break analysis calculated by a licensed engineer. In some cases, the determination may be waived by Dam Safety if the downstream conditions make it obvious that loss of life is unlikely. Farm pond owners are cautioned that building their structure less than jurisdiction size is not a guarantee that they will not be held liable by the courts for any life or property damage resulting from a failure.  

What is the greatest rainfall event ever recorded in West Virginia?

Answer

West Virginia is in the meteorological record books for one of the world's greatest observed point rainfalls. On July 18, 1889, thunderstorms probably fed by moisture-laden tropical air from the Gulf of Mexico, dumped 19.5 inches of rain in two hours and 10 minutes at Rockport WV, just south of Parkersburg. The resulting flash floods roared through several villages, killing at least 19 people. Records show that the 18th, a Thursday, was humid and mild, with a temperature in the upper 70s. The darkening skies let loose about 8 p.m. R.D.J. Echols, a weather service observer, who lived in Rockport at the time described the deluge as "a terrific thunderstorm accompanied by vivid lightening."  

Other reports said the Tygart Creek rose 22 feet in one hour, taking much of the village of Rockport with it. Barges were sunk, livestock and crops were lost, and logs from timber mills located along the creek became missiles that smashed through anything in their path. The rate of the Rockport storm exceeds that recorded in Smethport, Pa., on July 18, 1942, when 30 inches of rain fell in four hours. The Rockport storm nearly matches a rainfall rate recorded when a foot of water fell in Holt, Mo., in 42 minutes on June 22, 1947.  

Although many people believe the greatest rainfalls are produced by hurricanes, these events argue otherwise.  

From the Sunday Gazette-Mail: July 1989.  

What do you mean by hazard potential?

Answer

Dam Safety requires that each dam be evaluated for its hazard potential downstream. Hazard potential is not related to the structural integrity of a dam, but strictly to the potential for downstream flooding. The hazard potential evaluation places the dam in one of four classifications that are defined in the Dam Safety Regulations (47CSR34-3.5.b.) as follows:  

  1. Class 1 (High Hazard) dams are those dams located where failure may cause loss of human life or major damage to dwellings, commercial or industrial buildings, main railroads, important public utilities, or where a high risk highway may be affected or damaged. This classification must be used if failure may result in the loss of human life.
  2. Class 2 (Significant Hazard) dams are those dams located where failure may cause minor damage to dwellings, commercial or industrial buildings, important public utilities, main railroads, or cause major damage to unoccupied buildings, or where a low risk highway may be affected or damaged. The potential for loss of human life resulting from failure of a Class 2 dam must be unlikely.
  3. Class 3 (Low Hazard) dams are those dams located in rural or agricultural areas where failure may cause minor damage to nonresidential and normally unoccupied buildings, or rural or agricultural land. Failure of a Class 3 dam would cause only a loss of the dam itself and a loss of property use, such as use of related roads, with little additional damage to adjacent property. The potential for loss of human life resulting from failure of a Class 3 dam must be unlikely. An impoundment exceeding forty (40) feet in height or four hundred (400) acre-feet storage volume shall not be classified as a Class 3 dam. A waste disposal dam, the failure of which may cause significant harm to the environment, shall not be classified as a Class 3 dam.
  4. Class 4 (Negligible Hazard) dams are dams where failure is expected to have no potential for loss of human life, no potential for property damage and no potential for significant harm to the environment. Examples of Class 4 dams include: dams across rivers, failure of which under any conditions will not flood areas above normal streambank elevations; dams located in the reservoir of another dam which, under any conditions, can contain water released by failure of the Class 4 dam; and dams in series where the toe of the Class 4 dam(s) is in close proximity to the reservoir of a dam which can contain failure of the Class 4 dam(s) under any condition. In considering a request for a Class 4 designation, the director may require written concurrence from the owner(s) of downstream dams that may be affected by failure of the Class 4 dam. Approval for use of this classification is vested in the director, and will be based on engineering evaluation of the dam(s) and downstream areas in question.
 
 

Related Links

For more information on Dam Safety, please refer to these related links:  

  • Association of State Dam Safety Officials (ASDSO)

    ASDSO Mission: Improve the condition and safety of dams through education, support for state dam safety programs and fostering a unified dam safety community.  

    The failure of dams and the great destruction and loss of life failures often cause, is a matter of deep concern to the members of the Association of State Dam Safety Officials (ASDSO). ASDSO is a national non-profit organization serving state dam safety programs and the broader dam safety community, which includes federal dam safety professionals, dam owners and operators, engineering consultants, emergency managers, manufacturers, suppliers, academia, contractors, and others interested in improving dam safety.  

  • Federal Emergency Management Agency (FEMA) Dam Safety

    Dams play a vital role in the nation's overall infrastructure. They contribute to the economic development of the United States and to the social welfare of the American public. Dam infrastructure can be affected by natural hazards, man-made threats, as well as an imbalance between resources invested and a dam's age.  

    The National Dam Safety Program is a partnership of states, federal agencies and other stakeholders to encourage and promote the establishment and maintenance of effective federal and state dam safety programs to reduce the risk to human life, property, and the environment from dam related hazards.  

  • Dam Failures and Incidents

    As dam failures and incidents occur both nationally and internationally, there is a pressing need to understand the underlying causes for failure to help minimize such occurrences in the future. Current information on historical dam incidents is scattered, incomplete, missing, and sometimes misleading, making it difficult for owners and practitioners to easily access meaningful information that could assist them with critical design and operational decisions. If lessons learned and best practices are not effectively communicated, there is a possibility that poor practices will be repeated and preventable incidents will not be averted.  

 
 

State Rule and Law

Copies of laws and regulations are distributed by the West Virginia Secretary of State' Office. Use the links below to view copies of the Dam Control Act and Rule.  

  • WV Code Chapter 22, Article 14, Dam Control and Safety Act

    The Legislature finds that dams may constitute a potential hazard to people and property; therefore, dams in this state must be properly regulated and controlled to protect the health, safety and welfare of people and property in this state. It is the intent of the Legislature by this article to provide for the regulation and supervision of dams in this state to the extent necessary to protect the public health, safety and welfare. The Legislature has ordained this article to fulfill its responsibilities to the people of this state and to protect their lives and private and public property from the danger of a potential or actual dam failure. The Legislature finds and declares that in light of the limited state resources available for the purposes of this article, and in view of the high standards to which the United States natural resources conservation service designs dams, independent state review of the plans and specifications for dams designed by the natural resources conservation service and construction oversight should not be required. The Legislature further finds and declares that dams designed and constructed by the natural resources conservation service but not owned or operated by it should be subject to the same provisions of inspection, after construction and certification by the natural resources conservation service, as other dams covered by this article, so long as any dam under the natural resources conservation service program is designed with standards equal to or exceeding state requirements under this article.  

  • 47CSR34 Dam Safety Rule

    This legislative rule establishes requirements relating to the design, placement, construction, enlargement, alteration, removal, abandonment, and repair of dams in this State that fall within the definition set forth in 2.12. This legislative rule also establishes requirements to govern the disbursement and use of moneys held in the State Dam Safety Rehabilitation Revolving Fund. The scope does not extend to those dams that are related to coal activities.  

 
 

Contact Us

Aaron Tonkery, PE
Engineer Senior, Program Manager
1000 Technology Drive
Suite 3220
Fairmont, WV 26554
Phone: (304) 368-3960
Fax: (304) 368-3959
Email: Aaron.P.Tonkery@wv.gov

Amy Cosco
Secretary
1000 Technology Drive
Suite 3220
Fairmont, WV 26554
Phone: (304) 368-3960
Email: Amy.N.Cosco@wv.gov

Regional Contacts

Northern Region

Counties: Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Monongalia, Morgan, Ohio, Pendleton, Preston, Randolph, Taylor, Tucker, Tyler, Upshur, Wetzel  

Jacob Fishel, PE
Engineer
1000 Technology Drive
Suite 3220
Fairmont, WV 26554
Phone: (304) 926-0499 x30241
Fax: (304) 368-3959
Email: Jacob.E.Fishel@wv.gov
 

 

Leonel Medellin, PE
Engineer
1000 Technology Drive
Suite 3220
Fairmont, WV 26554
Phone: (304) 926-0499 x30233
Fax: (304) 368-3959
Email: Leonel.Medellin@wv.gov
 

 

Cody Howdyshell
Environmental Inspector
1000 Technology Drive
Suite 3220
Fairmont, WV 26554
Phone: (304) 926-0499 x30219
Fax: (304) 368-3959
Email: Cody.A.Howdyshell@wv.gov
 

 
 

Southern Region

Counties: Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanwaha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pleasants, Pocahontas, Putnam, Raleigh, Ritchie, Roane, Summers, Wayne, Webster, Wirt, Wood, Wyoming  

Tracy Winders
Environmental Inspector
1159 Nick Rahall Greenway
Fayetteville, WV 25840
Phone: (304) 574-4471 x00371
Fax: (304) 574-4477
Email: Tracy.D.Winders@wv.gov

 

 

David Dove, PE
Engineer
1159 Nick Rahall Greenway
Fayetteville, WV 25840
Phone: (304) 574-4471 x00257
Fax: (304) 574-4477
Email: David.W.Dove@wv.gov
 

 
 
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Report an Emergency

Imminent Danger: 911
Official Emergency Spill Report
1-800-642-3074
Non-Emergency
1-304-926-0499

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