{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1181.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1181.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1181.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1181.3.html"}],"law_id":74126,"edition_id":1,"section_id":74126,"structure_id":15355,"section_number":"10.1-1181.3","catch_line":"Civil penalties","history":"1993, c. 948; 2004, c. 228.","full_text":"A\n\nAny owner or operator who violates, or fails or refuses to obey any special order may be assessed a civil penalty by the State Forester. Such penalty shall not exceed $5,000 for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing penalties. In determining the amount of the penalty, consideration shall be given to the owner’s or operator’s history of noncompliance; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the owner or operator was negligent; and the demonstrated good faith of the owner or operator in reporting and remedying the pollution.B\n\nA civil penalty may be assessed by the State Forester only after the owner or operator has been given an opportunity for a hearing. Any hearing required under this section shall be conducted in accordance with § 2.2-4020, unless the parties consent to informal proceedings. If the owner or operator fails to avail himself of the opportunity for a formal hearing, a civil penalty shall be assessed by the State Forester after the State Forester finds that a violation of a special order has occurred and the amount of the civil penalty warranted, and issues an order requiring that the civil penalty be paid.C\n\nIf a person who is required under this article to pay a civil penalty fails to do so, the State Forester may transmit a true copy of the final order assessing such penalty to the clerk of circuit court of any county or city wherein it is ascertained that the person owing the penalty has any estate; and the clerk to whom such copy is sent shall record it, as a judgment is required by law to be recorded, and shall index the same in the name of the Commonwealth as well as of the person owing the penalty, and thereupon there shall be a lien in favor of the Commonwealth on the property of the owner or operator within such county or city in the amount of the penalty. The State Forester may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a court of record. All civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.D\n\nWith the consent of any owner or operator who has violated or failed, neglected or refused to obey any special order of the State Forester issued pursuant to subsection B or C of § 10.1-1181.2, the State Forester may provide, in an order issued by the State Forester against such owner or operator, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection A of this section. Such civil charges shall be in lieu of any civil penalty that could be imposed under subsection A of this section, and shall be placed in the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.","order_by":null,"text":{"0":{"id":266574,"text":"Any owner or operator who violates, or fails or refuses to obey any special order may be assessed a civil penalty by the State Forester. Such penalty shall not exceed $5,000 for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing penalties. In determining the amount of the penalty, consideration shall be given to the owner’s or operator’s history of noncompliance; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the owner or operator was negligent; and the demonstrated good faith of the owner or operator in reporting and remedying the pollution.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266575,"text":"A civil penalty may be assessed by the State Forester only after the owner or operator has been given an opportunity for a hearing. Any hearing required under this section shall be conducted in accordance with § 2.2-4020, unless the parties consent to informal proceedings. If the owner or operator fails to avail himself of the opportunity for a formal hearing, a civil penalty shall be assessed by the State Forester after the State Forester finds that a violation of a special order has occurred and the amount of the civil penalty warranted, and issues an order requiring that the civil penalty be paid.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":266576,"text":"If a person who is required under this article to pay a civil penalty fails to do so, the State Forester may transmit a true copy of the final order assessing such penalty to the clerk of circuit court of any county or city wherein it is ascertained that the person owing the penalty has any estate; and the clerk to whom such copy is sent shall record it, as a judgment is required by law to be recorded, and shall index the same in the name of the Commonwealth as well as of the person owing the penalty, and thereupon there shall be a lien in favor of the Commonwealth on the property of the owner or operator within such county or city in the amount of the penalty. The State Forester may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a court of record. All civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":266577,"text":"With the consent of any owner or operator who has violated or failed, neglected or refused to obey any special order of the State Forester issued pursuant to subsection B or C of § 10.1-1181.2, the State Forester may provide, in an order issued by the State Forester against such owner or operator, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection A of this section. Such civil charges shall be in lieu of any civil penalty that could be imposed under subsection A of this section, and shall be placed in the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15355,"edition_id":1,"name":"Silvicultural Activities Affecting Water Quality","identifier":"12","label":"article","depth":4,"order_by":1,"parent_id":12782,"metadata":{},"date_created":"2026-06-26 03:54:12","date_modified":"2026-06-26 03:54:12","permalink":{"id":144915,"object_type":"structure","relational_id":15355,"identifier":"12","token":"10.1\/II\/11\/12","url":"\/10.1\/II\/11\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12782,"edition_id":1,"name":"Forest Resources and the Department of Forestry","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":144835,"object_type":"structure","relational_id":12782,"identifier":"11","token":"10.1\/II\/11","url":"\/10.1\/II\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58748,"structure_id":15355,"section_number":"10.1-1181.1","catch_line":"Definitions","url":"\/10.1-1181.1\/","token":"10.1\/II\/11\/12\/10.1-1181.1","metadata":false},{"id":62947,"structure_id":15355,"section_number":"10.1-1181.2","catch_line":"Conduct of silvicultural activities; issuance of special orders","url":"\/10.1-1181.2\/","token":"10.1\/II\/11\/12\/10.1-1181.2","metadata":false},{"id":74126,"structure_id":15355,"section_number":"10.1-1181.3","catch_line":"Civil penalties","url":"\/10.1-1181.3\/","token":"10.1\/II\/11\/12\/10.1-1181.3","metadata":false},{"id":58447,"structure_id":15355,"section_number":"10.1-1181.4","catch_line":"Final decisions; costs of hearing examiner","url":"\/10.1-1181.4\/","token":"10.1\/II\/11\/12\/10.1-1181.4","metadata":false},{"id":77372,"structure_id":15355,"section_number":"10.1-1181.5","catch_line":"Judicial review","url":"\/10.1-1181.5\/","token":"10.1\/II\/11\/12\/10.1-1181.5","metadata":false},{"id":75600,"structure_id":15355,"section_number":"10.1-1181.6","catch_line":"Enforcement by injunction","url":"\/10.1-1181.6\/","token":"10.1\/II\/11\/12\/10.1-1181.6","metadata":false},{"id":65475,"structure_id":15355,"section_number":"10.1-1181.7","catch_line":"Virginia Forest Water Quality Fund established; administration and disbursements","url":"\/10.1-1181.7\/","token":"10.1\/II\/11\/12\/10.1-1181.7","metadata":false}],"previous_section":{"id":62947,"structure_id":15355,"section_number":"10.1-1181.2","catch_line":"Conduct of silvicultural activities; issuance of special orders","url":"\/10.1-1181.2\/","token":"10.1\/II\/11\/12\/10.1-1181.2","metadata":false},"next_section":{"id":58447,"structure_id":15355,"section_number":"10.1-1181.4","catch_line":"Final decisions; costs of hearing examiner","url":"\/10.1-1181.4\/","token":"10.1\/II\/11\/12\/10.1-1181.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1181.3\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 948 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2004, chapter 228<\/a>.<\/p>","references":false,"refers_to":[{"id":62947,"section_number":"10.1-1181.2","catch_line":"Conduct of silvicultural activities; issuance of special orders","order_by":null,"url":"\/10.1-1181.2\/"},{"id":65475,"section_number":"10.1-1181.7","catch_line":"Virginia Forest Water Quality Fund established; administration and disbursements","order_by":null,"url":"\/10.1-1181.7\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"}],"permalink":{"id":144925,"object_type":"law","relational_id":74126,"identifier":"10.1-1181.3","token":"10.1\/II\/11\/12\/10.1-1181.3","url":"\/10.1-1181.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1181.3\/","token":"10.1\/II\/11\/12\/10.1-1181.3","dublin_core":{"Title":"Civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1181.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any owner<\/span> or operator<\/span> who violates, or fails or refuses to obey any special order<\/span> may be assessed a civil penalty<\/span> by the State Forester. Such penalty<\/span> shall not exceed $5,000 for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing penalties. In determining the amount of the penalty<\/span>, consideration shall be given to the owner<\/span>’s or operator<\/span>’s history of noncompliance; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the owner<\/span> or operator<\/span> was negligent; and the demonstrated good faith of the owner<\/span> or operator<\/span> in reporting and remedying the pollution<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A civil penalty<\/span> may be assessed by the State Forester only after the owner<\/span> or operator<\/span> has been given an opportunity for a hearing<\/span>. Any hearing<\/span> required under this section shall be conducted in accordance with § 2.2-4020<\/a>, unless the parties consent to informal proceedings. If the owner<\/span> or operator<\/span> fails to avail himself of the opportunity for a formal hearing<\/span>, a civil penalty<\/span> shall be assessed by the State Forester after the State Forester finds that a violation of a special order<\/span> has occurred and the amount of the civil penalty<\/span> warranted, and issues<\/span> an order requiring that the civil penalty<\/span> be paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a person who is required under this article to pay a civil penalty<\/span> fails to do so, the State Forester may transmit a true copy of the final order<\/span> assessing such penalty<\/span> to the clerk of circuit<\/span> court<\/span> of any county or city wherein it is ascertained that the person owing the penalty<\/span> has any estate; and the clerk to whom such copy is sent shall record it, as a judgment<\/span> is required by law<\/span> to be recorded, and shall index the same in the name of the Commonwealth as well as of the person owing the penalty<\/span>, and thereupon there shall be a lien<\/span> in favor of the Commonwealth on the property of the owner<\/span> or operator<\/span> within such county or city in the amount of the penalty<\/span>. The State Forester may collect civil penalties that are owed in the same manner as provided by law<\/span> in respect to judgment<\/span> of a court<\/span> of record. All civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> With the consent of any owner<\/span> or operator<\/span> who has violated or failed, neglected or refused to obey any special order<\/span> of the State Forester issued pursuant to subsection B or C of § 10.1-1181.2<\/a>, the State Forester may provide, in an order issued by the State Forester against such owner<\/span> or operator<\/span>, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection A of this section. Such civil charges shall be in lieu of any civil penalty<\/span> that could be imposed under subsection A of this section, and shall be placed in the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL PENALTIES (\u00a7 10.1-1181.3)\n\nA. Any owner or operator who violates, or fails or refuses to obey any special\norder may be assessed a civil penalty by the State Forester. Such penalty shall\nnot exceed $5,000 for each violation. Each day of a continuing violation may be\ndeemed a separate violation for purposes of assessing penalties. In determining\nthe amount of the penalty, consideration shall be given to the owner’s or\noperator’s history of noncompliance; the seriousness of the violation,\nincluding any irreparable harm to the environment and any hazard to the health\nor safety of the public; whether the owner or operator was negligent; and the\ndemonstrated good faith of the owner or operator in reporting and remedying the\npollution.\n\nB. A civil penalty may be assessed by the State Forester only after the owner or\noperator has been given an opportunity for a hearing. Any hearing required under\nthis section shall be conducted in accordance with § 2.2-4020, unless the\nparties consent to informal proceedings. If the owner or operator fails to avail\nhimself of the opportunity for a formal hearing, a civil penalty shall be\nassessed by the State Forester after the State Forester finds that a violation\nof a special order has occurred and the amount of the civil penalty warranted,\nand issues an order requiring that the civil penalty be paid.\n\nC. If a person who is required under this article to pay a civil penalty fails\nto do so, the State Forester may transmit a true copy of the final order\nassessing such penalty to the clerk of circuit court of any county or city\nwherein it is ascertained that the person owing the penalty has any estate; and\nthe clerk to whom such copy is sent shall record it, as a judgment is required\nby law to be recorded, and shall index the same in the name of the Commonwealth\nas well as of the person owing the penalty, and thereupon there shall be a lien\nin favor of the Commonwealth on the property of the owner or operator within\nsuch county or city in the amount of the penalty. The State Forester may collect\ncivil penalties that are owed in the same manner as provided by law in respect\nto judgment of a court of record. All civil penalties shall be paid into the\nstate treasury and deposited by the State Treasurer into the Virginia Forest\nWater Quality Fund pursuant to § 10.1-1181.7.\n\nD. With the consent of any owner or operator who has violated or failed,\nneglected or refused to obey any special order of the State Forester issued\npursuant to subsection B or C of § 10.1-1181.2, the State Forester may\nprovide, in an order issued by the State Forester against such owner or\noperator, for the payment of civil charges for violations in specific sums, not\nto exceed the limit specified in subsection A of this section. Such civil\ncharges shall be in lieu of any civil penalty that could be imposed under\nsubsection A of this section, and shall be placed in the Virginia Forest Water\nQuality Fund pursuant to § 10.1-1181.7.\n\nHISTORY: 1993, c. 948; 2004, c. 228.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}