§ 62.1-44.15:39 Right of entry
In addition to the Board’s authority set forth in § 62.1-44.20, a locality serving as a VESMP authority or as an operator of a regulated municipal separate storm sewer system or any duly authorized agent thereof may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this article. For operators of regulated municipal separate storm sewer systems that are not a locality or any duly authorized agent thereof, this authority shall apply only to those properties from which a discharge enters their municipal separate storm sewer systems. In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement, a VESMP authority may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by conditions imposed by the VESMP authority on a land-disturbing activity when an owner, after proper notice, has failed to take acceptable action within the time specified.
History
This law was first created in 2004. The record of its establishment is cataloged in chapter 372 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2011, chapter 453; in 2012, chapters 785 and 819; in 2013, chapters 756 and 793; in 2016, chapters 68 and 758; in 2025, chapters 723 and 724.
2004, c. 372, § 10.1-603.12:1; 2011, c. 453; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758; 2025, cc. 723, 724.