[HISTORY: Adopted by the Board of Supervisors of Warren County as Ch. 5, Art. IV, of the 1975 Code. Section 72-7 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Any type of structure crossing a river or stream.
- Any structure that impounds water or is capable of impounding water on a river or stream.
- RIVER OR STREAM
- The Shenandoah River; North Fork of the Shenandoah River; South Fork of the Shenandoah River.
It shall be unlawful to construct or to maintain or to use any dam or bridge on or over a river or stream on private or public land, heretofore or hereafter constructed, until such a permit for such purpose has been granted by the Board of Supervisors.
A permit shall not be granted for the construction of any dam or bridge on private land until application therefor, in writing, has been filed with the Board of Supervisors by the owner of the land upon which such dam or bridge is to be constructed, stating the purposes for which such dam or bridge is intended, the nature of all fixtures, machinery and appliances to be installed therein and such other information as the Board of Supervisors may require, nor until plans and specifications have been filed with the Board showing the dimensions of such dam or bridge, the character of the proposed construction, the method of constructing the same, the impact and effect of the same upon the general environment, stream ecology, flood dangers and navigability for either commercial or recreational uses, the method for protecting the environment, stream ecology, navigability and flood control and any other facts that may be required by such Board nor until such plans and specifications have been approved by the Board of Supervisors as making sufficient provision for the safety of the public and adjoining property. Upon the issuance of a permit, such plans and specifications shall be a part of such permit. and the faithful performance of the same shall be a condition of such permit.
No such permit shall be granted for the construction of any dam or bridge until the proper bond with surety payable to the county has been given, and the surety therein approved by the Board of Supervisors.
No permit shall be granted for the construction of any dam or bridge until the owner of the land directly affected by such dam or bridge has by means of a writing in the nature of a covenant running with such land and intended to bind all future owners thereof, duly executed and admitted to record, stipulated and agreed that the rights and privileges conferred by such permit shall be at all times subject to all and singular terms, conditions and restrictions imposed by the foregoing sections relating to dams and bridges.
No permit shall be granted for the construction, maintenance or use of any dam or bridge which will unreasonably interfere with or injure the right of the public to the use and benefit of the waters of the river or stream.
The permit for the construction, maintenance or use of any dam or bridge may be revoked by the board of supervisors whenever it shall be shown that the proprietor of such dam or bridge, or the owner of the land abutting thereon, has failed to comply with any provision of the county ordinance in regard to dams or bridges, or any condition of the permit for the same, or that such dam or bridge is a nuisance or is a menace to persons or property.
Whenever the permit for the construction, maintenance or use of any dam or bridge shall be revoked, it shall be the duty of the county administrator to order such dam or bridge to be closed, and all fixtures. appliances and appurtenances therein or connected therewith to be removed, and unless such order is complied with within 60 days, the county administrator shall cause such work to be done at the risk and expense of the proprietor of such dam or bridge or the owner of the land abutting thereon.
Permission is hereby granted for the maintenance and use of all dams or bridges constructed on or before the effective date of this chapter, provided that all such dams or bridges and the maintenance and use thereof shall be subject to all the provisions of this chapter relating to dams and bridges, and upon the refusal or failure of a proprietor or lessee of any such dam or bridge to comply with this chapter, the county administrator shall order such dam or bridge closed and the river or stream placed on its original condition, and if such order is not complied within 60 days, the county administrator shall have the same done and bill the owner for the work. Upon the owner's failure to pay such bill by tax billing time, such bill shall be placed upon the tax bill of the owner(s) so delinquent and collected as taxes are collected.