{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/21-121.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/21-121.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/21-121.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/21-121.6.html"}],"law_id":66618,"edition_id":1,"section_id":66618,"structure_id":14019,"section_number":"21-121.6","catch_line":"Sanitary districts in certain counties with a water and sewer authority","history":"1993, c. 272.","full_text":"A\n\nThis section shall apply to any sanitary district created after January 1, 1993, in a county with an authority created pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100 et seq.).B\n\nThe circuit court shall not enter an order pursuant to § 21-123 requiring an election until a resolution of the governing body requesting the entry of such order has been filed with the circuit court.C\n\nNotwithstanding the provisions of §§ 21-125 and 21-128, if an election conducted pursuant to § 21-124 indicates that a majority of the qualified voters of the sanitary district voting on the question are in favor of issuing bonds for a purpose for which the sanitary district was created, no bonds of the sanitary district shall be issued, and the circuit court shall not require the issuance of such bonds, without the approval of the governing body of the county.D\n\nIf a sanitary district levies a tax upon property within the sanitary district pursuant to subdivision 6 of § 21-118, such tax shall be based on the full assessed value of the taxable property within the sanitary district, notwithstanding any special use value assessment of property within the sanitary district for land preservation pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1. In addition to the notice required pursuant to § 21-114, the petitioners shall provide a written notice of the court hearing to each owner of property within the proposed district which is currently assessed at its use value pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1. Such notice shall be mailed, first class, at least twenty-one days prior to the hearing to each such owner as listed in the current real estate assessment records, and an affidavit shall be filed with the court evidencing that such notice has been mailed.E\n\nThe county’s claim of taxes and its lien on property pursuant to Article 11 (§ 58.1-3340 et seq.) of Chapter 32 of Title 58.1 shall have priority over any claim or lien for any tax levied pursuant to subdivision 6 of § 21-118.F\n\nThe governing body of a sanitary district may enter into agreements with an authority created pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100 et seq.) for the construction, operation, use, control, ownership, and maintenance of any water supply, sewerage or other systems or facilities located within or outside of the boundaries of the sanitary district. Such agreements may provide that the authority will provide any service which the authority is permitted to provide and which the sanitary district may provide through the construction, establishment, maintenance, and operation of its own system or systems. The governing body of the county shall have the power to issue bonds of the sanitary district for the construction, establishment, and maintenance of any systems providing such service, whether such systems are owned by the sanitary district or the authority. The sanitary district and the authority may also agree on the imposition, collection, and use of rates, fees, and charges relating to such systems, including reimbursements by or to persons utilizing such systems. Notwithstanding the provisions of subdivision 2 of § 21-118, the sanitary district may sell, lease as lessor, transfer or dispose of any of its property, real, personal or mixed, to the authority without holding a public hearing.","order_by":null,"text":{"0":{"id":241702,"text":"This section shall apply to any sanitary district created after January 1, 1993, in a county with an authority created pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241703,"text":"The circuit court shall not enter an order pursuant to § 21-123 requiring an election until a resolution of the governing body requesting the entry of such order has been filed with the circuit court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":241704,"text":"Notwithstanding the provisions of §§ 21-125 and 21-128, if an election conducted pursuant to § 21-124 indicates that a majority of the qualified voters of the sanitary district voting on the question are in favor of issuing bonds for a purpose for which the sanitary district was created, no bonds of the sanitary district shall be issued, and the circuit court shall not require the issuance of such bonds, without the approval of the governing body of the county.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":241705,"text":"If a sanitary district levies a tax upon property within the sanitary district pursuant to subdivision 6 of § 21-118, such tax shall be based on the full assessed value of the taxable property within the sanitary district, notwithstanding any special use value assessment of property within the sanitary district for land preservation pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1. In addition to the notice required pursuant to § 21-114, the petitioners shall provide a written notice of the court hearing to each owner of property within the proposed district which is currently assessed at its use value pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1. Such notice shall be mailed, first class, at least twenty-one days prior to the hearing to each such owner as listed in the current real estate assessment records, and an affidavit shall be filed with the court evidencing that such notice has been mailed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":241706,"text":"The county’s claim of taxes and its lien on property pursuant to Article 11 (§ 58.1-3340 et seq.) of Chapter 32 of Title 58.1 shall have priority over any claim or lien for any tax levied pursuant to subdivision 6 of § 21-118.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":241707,"text":"The governing body of a sanitary district may enter into agreements with an authority created pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100 et seq.) for the construction, operation, use, control, ownership, and maintenance of any water supply, sewerage or other systems or facilities located within or outside of the boundaries of the sanitary district. Such agreements may provide that the authority will provide any service which the authority is permitted to provide and which the sanitary district may provide through the construction, establishment, maintenance, and operation of its own system or systems. The governing body of the county shall have the power to issue bonds of the sanitary district for the construction, establishment, and maintenance of any systems providing such service, whether such systems are owned by the sanitary district or the authority. The sanitary district and the authority may also agree on the imposition, collection, and use of rates, fees, and charges relating to such systems, including reimbursements by or to persons utilizing such systems. Notwithstanding the provisions of subdivision 2 of § 21-118, the sanitary district may sell, lease as lessor, transfer or dispose of any of its property, real, personal or mixed, to the authority without holding a public hearing.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14019,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14018,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":179475,"object_type":"structure","relational_id":14019,"identifier":"1","token":"21\/2\/1","url":"\/21\/2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14018,"edition_id":1,"name":"Sanitary Districts","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13075,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":179473,"object_type":"structure","relational_id":14018,"identifier":"2","token":"21\/2","url":"\/21\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13075,"edition_id":1,"name":"Drainage, Soil Conservation, Sanitation and Public Facilities Districts","identifier":"21","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":179465,"object_type":"structure","relational_id":13075,"identifier":"21","token":"21","url":"\/21\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79910,"structure_id":14019,"section_number":"21-112.22","catch_line":"Definitions","url":"\/21-112.22\/","token":"21\/2\/1\/21-112.22","metadata":false},{"id":79759,"structure_id":14019,"section_number":"21-113","catch_line":"Creation; inclusion of town in new or enlarged district","url":"\/21-113\/","token":"21\/2\/1\/21-113","metadata":false},{"id":59808,"structure_id":14019,"section_number":"21-114","catch_line":"Hearing and notice thereof","url":"\/21-114\/","token":"21\/2\/1\/21-114","metadata":false},{"id":71490,"structure_id":14019,"section_number":"21-115","catch_line":"Answer and defense","url":"\/21-115\/","token":"21\/2\/1\/21-115","metadata":false},{"id":64324,"structure_id":14019,"section_number":"21-116","catch_line":"Enlargement of sanitary districts","url":"\/21-116\/","token":"21\/2\/1\/21-116","metadata":false},{"id":60593,"structure_id":14019,"section_number":"21-116.1","catch_line":"Alteration of boundaries or reduction of area of sanitary districts in certain counties","url":"\/21-116.1\/","token":"21\/2\/1\/21-116.1","metadata":false},{"id":85899,"structure_id":14019,"section_number":"21-117","catch_line":"Merger of sanitary districts","url":"\/21-117\/","token":"21\/2\/1\/21-117","metadata":false},{"id":78368,"structure_id":14019,"section_number":"21-117.1","catch_line":"Abolishing sanitary districts","url":"\/21-117.1\/","token":"21\/2\/1\/21-117.1","metadata":false},{"id":73089,"structure_id":14019,"section_number":"21-118","catch_line":"Powers and duties of governing body","url":"\/21-118\/","token":"21\/2\/1\/21-118","metadata":false},{"id":75138,"structure_id":14019,"section_number":"21-118.1","catch_line":"Authority to acquire property from United States or any agency thereof","url":"\/21-118.1\/","token":"21\/2\/1\/21-118.1","metadata":false},{"id":60375,"structure_id":14019,"section_number":"21-118.2","catch_line":"Certain counties authorized to use sanitary district funds for certain purposes","url":"\/21-118.2\/","token":"21\/2\/1\/21-118.2","metadata":false},{"id":58517,"structure_id":14019,"section_number":"21-118.3","catch_line":"Levy and expenditure of taxes in certain counties; validation of expenditures","url":"\/21-118.3\/","token":"21\/2\/1\/21-118.3","metadata":false},{"id":55541,"structure_id":14019,"section_number":"21-118.4","catch_line":"Certain additional powers of governing body","url":"\/21-118.4\/","token":"21\/2\/1\/21-118.4","metadata":false},{"id":60162,"structure_id":14019,"section_number":"21-118.5","catch_line":"Unified water supply and sewerage systems for counties and sanitary districts; power of county governing body to fix rates; application of Public Finance Act","url":"\/21-118.5\/","token":"21\/2\/1\/21-118.5","metadata":false},{"id":64467,"structure_id":14019,"section_number":"21-118.6","catch_line":"Same; application of revenues; tax levy where revenues insufficient","url":"\/21-118.6\/","token":"21\/2\/1\/21-118.6","metadata":false},{"id":55514,"structure_id":14019,"section_number":"21-118.7","catch_line":"Same; payment to county of revenues held by district","url":"\/21-118.7\/","token":"21\/2\/1\/21-118.7","metadata":false},{"id":75754,"structure_id":14019,"section_number":"21-118.8","catch_line":"Same; ratification of prior agreements","url":"\/21-118.8\/","token":"21\/2\/1\/21-118.8","metadata":false},{"id":60483,"structure_id":14019,"section_number":"21-119","catch_line":"Sanitary districts are special taxing districts; nature of improvements; jurisdiction of governing bodies, etc., not affected","url":"\/21-119\/","token":"21\/2\/1\/21-119","metadata":false},{"id":85540,"structure_id":14019,"section_number":"21-119.1","catch_line":"Transfer of certain sanitary districts to towns","url":"\/21-119.1\/","token":"21\/2\/1\/21-119.1","metadata":false},{"id":59431,"structure_id":14019,"section_number":"21-120","catch_line":"In certain cities and counties","url":"\/21-120\/","token":"21\/2\/1\/21-120","metadata":false},{"id":58535,"structure_id":14019,"section_number":"21-121","catch_line":"Validation of proceedings","url":"\/21-121\/","token":"21\/2\/1\/21-121","metadata":false},{"id":55109,"structure_id":14019,"section_number":"21-121.1","catch_line":"Further validation of proceedings","url":"\/21-121.1\/","token":"21\/2\/1\/21-121.1","metadata":false},{"id":60765,"structure_id":14019,"section_number":"21-121.2","catch_line":"Additional validation of proceedings","url":"\/21-121.2\/","token":"21\/2\/1\/21-121.2","metadata":false},{"id":72800,"structure_id":14019,"section_number":"21-121.2:1","catch_line":"Same; bond issues","url":"\/21-121.2_1\/","token":"21\/2\/1\/21-121.2_1","metadata":false},{"id":76866,"structure_id":14019,"section_number":"21-121.3","catch_line":"Powers of districts created under other laws","url":"\/21-121.3\/","token":"21\/2\/1\/21-121.3","metadata":false},{"id":77568,"structure_id":14019,"section_number":"21-121.4","catch_line":"Powers of boards of supervisors and other governing bodies of counties with respect to sanitary districts","url":"\/21-121.4\/","token":"21\/2\/1\/21-121.4","metadata":false},{"id":78011,"structure_id":14019,"section_number":"21-121.5","catch_line":"Validation of certain actions","url":"\/21-121.5\/","token":"21\/2\/1\/21-121.5","metadata":false},{"id":66618,"structure_id":14019,"section_number":"21-121.6","catch_line":"Sanitary districts in certain counties with a water and sewer authority","url":"\/21-121.6\/","token":"21\/2\/1\/21-121.6","metadata":false}],"previous_section":{"id":78011,"structure_id":14019,"section_number":"21-121.5","catch_line":"Validation of certain actions","url":"\/21-121.5\/","token":"21\/2\/1\/21-121.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/21-121.6\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 272 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.<\/p>","references":false,"refers_to":[{"id":54398,"section_number":"15.2-5100","catch_line":"Title of chapter","order_by":null,"url":"\/15.2-5100\/"},{"id":59808,"section_number":"21-114","catch_line":"Hearing and notice thereof","order_by":null,"url":"\/21-114\/"},{"id":73089,"section_number":"21-118","catch_line":"Powers and duties of governing body","order_by":null,"url":"\/21-118\/"},{"id":75145,"section_number":"21-123","catch_line":"Order requiring election","order_by":null,"url":"\/21-123\/"},{"id":62396,"section_number":"21-124","catch_line":"Conduct of election; canvass of returns, etc","order_by":null,"url":"\/21-124\/"},{"id":58972,"section_number":"21-125","catch_line":"Procedure after election","order_by":null,"url":"\/21-125\/"},{"id":59799,"section_number":"21-128","catch_line":"Failure or refusal to issue bonds","order_by":null,"url":"\/21-128\/"},{"id":56646,"section_number":"58.1-3229","catch_line":"Repealed","order_by":null,"url":"\/58.1-3229\/"},{"id":61191,"section_number":"58.1-3340","catch_line":"Lien on real estate for taxes and levies assessed thereon; responsibility of purchaser or trustee at sale; lien on rents","order_by":null,"url":"\/58.1-3340\/"}],"permalink":{"id":179585,"object_type":"law","relational_id":66618,"identifier":"21-121.6","token":"21\/2\/1\/21-121.6","url":"\/21-121.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/21-121.6\/","token":"21\/2\/1\/21-121.6","dublin_core":{"Title":"Sanitary districts in certain counties with a water and sewer authority","Type":"Text","Format":"text\/html","Identifier":"\u00a7 21-121.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> This section shall apply to any sanitary district created after January 1, 1993, in a county with an authority created pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The circuit<\/span> court<\/span> shall not enter an order<\/span> pursuant to § 21-123<\/a> requiring an election until a resolution of the governing body requesting the entry of such order<\/span> has been filed with the circuit<\/span> court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of §§ 21-125<\/a> and 21-128<\/a>, if an election conducted pursuant to § 21-124<\/a> indicates that a majority of the qualified voters of the sanitary district voting on the question are in favor of issuing bonds<\/span> for a purpose for which the sanitary district was created, no bonds<\/span> of the sanitary district shall be issued, and the circuit<\/span> court<\/span> shall not require the issuance of such bonds<\/span>, without the approval of the governing body of the county. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a sanitary district levies a tax upon property within the sanitary district pursuant to subdivision 6 of § 21-118<\/a>, such tax shall be based on the full assessed value of the taxable property within the sanitary district, notwithstanding any special use value assessment of property within the sanitary district for land preservation pursuant to Article 4 (§ 58.1-3229<\/a> et seq.) of Chapter 32 of Title 58.1. In addition to the notice required pursuant to § 21-114<\/a>, the petitioners shall provide a written notice of the court<\/span> hearing<\/span> to each owner of property within the proposed district which is currently assessed at its use value pursuant to Article 4 (§ 58.1-3229<\/a> et seq.) of Chapter 32 of Title 58.1. Such notice shall be mailed, first class, at least twenty-one days prior to the hearing<\/span> to each such owner as listed in the current real estate assessment records, and an affidavit<\/span> shall be filed with the court<\/span> evidencing that such notice has been mailed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The county’s claim of taxes and its lien<\/span> on property pursuant to Article 11 (§ 58.1-3340<\/a> et seq.) of Chapter 32 of Title 58.1 shall have priority over any claim or lien<\/span> for any tax levied pursuant to subdivision 6 of § 21-118<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The governing body of a sanitary district may enter into agreements with an authority created pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100<\/a> et seq.) for the construction, operation, use, control, ownership, and maintenance of any water supply, sewerage or other systems or facilities located within or outside of the boundaries of the sanitary district. Such agreements may provide that the authority will provide any service which the authority is permitted to provide and which the sanitary district may provide through the construction, establishment, maintenance, and operation of its own system or systems. The governing body of the county shall have the power to issue<\/span> bonds<\/span> of the sanitary district for the construction, establishment, and maintenance of any systems providing such service, whether such systems are owned by the sanitary district or the authority. The sanitary district and the authority may also agree on the imposition, collection, and use of rates, fees, and charges relating to such systems, including reimbursements by or to persons utilizing such systems. Notwithstanding the provisions of subdivision 2 of § 21-118<\/a>, the sanitary district may sell, lease as lessor, transfer or dispose of any of its property, real, personal or mixed, to the authority without holding a public hearing<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSANITARY DISTRICTS IN CERTAIN COUNTIES WITH A WATER AND SEWER AUTHORITY (\u00a7\n21-121.6)\n\nA. This section shall apply to any sanitary district created after January 1,\n1993, in a county with an authority created pursuant to the Virginia Water and\nWaste Authorities Act (§ 15.2-5100 et seq.).\n\nB. The circuit court shall not enter an order pursuant to § 21-123\nrequiring an election until a resolution of the governing body requesting the\nentry of such order has been filed with the circuit court.\n\nC. Notwithstanding the provisions of §§ 21-125 and 21-128, if an\nelection conducted pursuant to § 21-124 indicates that a majority of the\nqualified voters of the sanitary district voting on the question are in favor of\nissuing bonds for a purpose for which the sanitary district was created, no\nbonds of the sanitary district shall be issued, and the circuit court shall not\nrequire the issuance of such bonds, without the approval of the governing body\nof the county.\n\nD. If a sanitary district levies a tax upon property within the sanitary\ndistrict pursuant to subdivision 6 of § 21-118, such tax shall be based on\nthe full assessed value of the taxable property within the sanitary district,\nnotwithstanding any special use value assessment of property within the sanitary\ndistrict for land preservation pursuant to Article 4 (§ 58.1-3229 et seq.)\nof Chapter 32 of Title 58.1. In addition to the notice required pursuant to\n§ 21-114, the petitioners shall provide a written notice of the court\nhearing to each owner of property within the proposed district which is\ncurrently assessed at its use value pursuant to Article 4 (§ 58.1-3229 et\nseq.) of Chapter 32 of Title 58.1. Such notice shall be mailed, first class, at\nleast twenty-one days prior to the hearing to each such owner as listed in the\ncurrent real estate assessment records, and an affidavit shall be filed with the\ncourt evidencing that such notice has been mailed.\n\nE. The county’s claim of taxes and its lien on property pursuant to\nArticle 11 (§ 58.1-3340 et seq.) of Chapter 32 of Title 58.1 shall have\npriority over any claim or lien for any tax levied pursuant to subdivision 6 of\n§ 21-118.\n\nF. The governing body of a sanitary district may enter into agreements with an\nauthority created pursuant to the Virginia Water and Waste Authorities Act\n(§ 15.2-5100 et seq.) for the construction, operation, use, control,\nownership, and maintenance of any water supply, sewerage or other systems or\nfacilities located within or outside of the boundaries of the sanitary district.\nSuch agreements may provide that the authority will provide any service which\nthe authority is permitted to provide and which the sanitary district may\nprovide through the construction, establishment, maintenance, and operation of\nits own system or systems. The governing body of the county shall have the power\nto issue bonds of the sanitary district for the construction, establishment, and\nmaintenance of any systems providing such service, whether such systems are\nowned by the sanitary district or the authority. The sanitary district and the\nauthority may also agree on the imposition, collection, and use of rates, fees,\nand charges relating to such systems, including reimbursements by or to persons\nutilizing such systems. Notwithstanding the provisions of subdivision 2 of\n§ 21-118, the sanitary district may sell, lease as lessor, transfer or\ndispose of any of its property, real, personal or mixed, to the authority\nwithout holding a public hearing.\n\nHISTORY: 1993, c. 272.","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}}