{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-163.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-163.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-163.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-163.5.html"}],"law_id":65435,"edition_id":1,"section_id":65435,"structure_id":13156,"section_number":"32.1-163.5","catch_line":"Onsite sewage evaluations","history":"1999, c. 1038; 2001, c. 337; 2016, c. 90.","full_text":"A\n\nNotwithstanding other provisions of this chapter, for purposes of subdivision review, permit approval, and issuance of letters for residential development, the Board, Commissioner, and Department of Health shall accept private site evaluations and designs, in compliance with the Board’s regulations for septic systems and other onsite sewage systems, designed and certified by a licensed professional engineer, in consultation with a licensed onsite soil evaluator, or by a licensed onsite soil evaluator. The evaluations and designs included within such submissions shall be certified as complying with the Board’s regulations implementing this chapter.B\n\nThe Department shall not be required to perform a field check of private evaluations and designs prior to issuing the requested letter, permit or approval; however, the Department may conduct such review of the work and field analysis as deemed necessary to protect the public health and integrity of the Commonwealth’s environment. Within 15 working days from the date of written submission of a request for approval of a site evaluation and design for a single lot construction permit, and within 60 days from the date of written submission of a request for approval of a site evaluation and design for multiple lot certification letters or subdivision review, the Department shall (i) issue the requested letter, permit or approval or (ii) set forth in writing the specific reasons for denial. If the Department fails to take action to approve or disapprove the designs, evaluations, or subdivision reviews within the time specified herein, the designs, evaluations or subdivision reviews shall be deemed approved and the appropriate letter, permit or approval shall be issued. Notwithstanding any other provision of law or the provisions of any local ordinance, counties, cities and towns shall comply with the time limits set forth in this subsection.C\n\nNothing in this section shall authorize anyone other than an individual licensed as a professional engineer pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 to engage in the practice of engineering.D\n\nThe provisions of this section shall not apply to any locality that has entered into a contract with the Board of Health in accordance with Chapter 678 of the 1994 Acts of Assembly nor to a proprietary, pre-engineered septic system deemed by the Department to comply with the Board’s regulations.","order_by":null,"text":{"0":{"id":237912,"text":"Notwithstanding other provisions of this chapter, for purposes of subdivision review, permit approval, and issuance of letters for residential development, the Board, Commissioner, and Department of Health shall accept private site evaluations and designs, in compliance with the Board’s regulations for septic systems and other onsite sewage systems, designed and certified by a licensed professional engineer, in consultation with a licensed onsite soil evaluator, or by a licensed onsite soil evaluator. The evaluations and designs included within such submissions shall be certified as complying with the Board’s regulations implementing this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":237913,"text":"The Department shall not be required to perform a field check of private evaluations and designs prior to issuing the requested letter, permit or approval; however, the Department may conduct such review of the work and field analysis as deemed necessary to protect the public health and integrity of the Commonwealth’s environment. Within 15 working days from the date of written submission of a request for approval of a site evaluation and design for a single lot construction permit, and within 60 days from the date of written submission of a request for approval of a site evaluation and design for multiple lot certification letters or subdivision review, the Department shall (i) issue the requested letter, permit or approval or (ii) set forth in writing the specific reasons for denial. If the Department fails to take action to approve or disapprove the designs, evaluations, or subdivision reviews within the time specified herein, the designs, evaluations or subdivision reviews shall be deemed approved and the appropriate letter, permit or approval shall be issued. Notwithstanding any other provision of law or the provisions of any local ordinance, counties, cities and towns shall comply with the time limits set forth in this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":237914,"text":"Nothing in this section shall authorize anyone other than an individual licensed as a professional engineer pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 to engage in the practice of engineering.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":237915,"text":"The provisions of this section shall not apply to any locality that has entered into a contract with the Board of Health in accordance with Chapter 678 of the 1994 Acts of Assembly nor to a proprietary, pre-engineered septic system deemed by the Department to comply with the Board’s regulations.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13156,"edition_id":1,"name":"Sewage Disposal","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:44:22","date_modified":"2026-06-26 03:44:22","permalink":{"id":203565,"object_type":"structure","relational_id":13156,"identifier":"1","token":"32.1\/6\/1","url":"\/32.1\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12941,"edition_id":1,"name":"Environmental Health Services","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":203563,"object_type":"structure","relational_id":12941,"identifier":"6","token":"32.1\/6","url":"\/32.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64577,"structure_id":13156,"section_number":"32.1-163","catch_line":"Definitions","url":"\/32.1-163\/","token":"32.1\/6\/1\/32.1-163","metadata":false},{"id":54177,"structure_id":13156,"section_number":"32.1-163.1","catch_line":"Personal liability of sanitarians defined","url":"\/32.1-163.1\/","token":"32.1\/6\/1\/32.1-163.1","metadata":false},{"id":71587,"structure_id":13156,"section_number":"32.1-163.2","catch_line":"Long range plan for onsite sewage","url":"\/32.1-163.2\/","token":"32.1\/6\/1\/32.1-163.2","metadata":false},{"id":58627,"structure_id":13156,"section_number":"32.1-163.3","catch_line":"Identities of persons making certain reports to remain confidential","url":"\/32.1-163.3\/","token":"32.1\/6\/1\/32.1-163.3","metadata":false},{"id":75697,"structure_id":13156,"section_number":"32.1-163.4","catch_line":"Procedures for application backlogs; individuals approved to conduct evaluations for septic system or other onsite sewage system permit applications","url":"\/32.1-163.4\/","token":"32.1\/6\/1\/32.1-163.4","metadata":false},{"id":65435,"structure_id":13156,"section_number":"32.1-163.5","catch_line":"Onsite sewage evaluations","url":"\/32.1-163.5\/","token":"32.1\/6\/1\/32.1-163.5","metadata":false},{"id":83571,"structure_id":13156,"section_number":"32.1-163.6","catch_line":"Professional engineering of onsite treatment works","url":"\/32.1-163.6\/","token":"32.1\/6\/1\/32.1-163.6","metadata":false},{"id":66759,"structure_id":13156,"section_number":"32.1-164","catch_line":"Powers and duties of Board; regulations; fees; onsite soil evaluators; letters in lieu of permits; inspections; civil penalties","url":"\/32.1-164\/","token":"32.1\/6\/1\/32.1-164","metadata":false},{"id":74693,"structure_id":13156,"section_number":"32.1-164.1","catch_line":"Appeals from denials of septic tank permits; inspections","url":"\/32.1-164.1\/","token":"32.1\/6\/1\/32.1-164.1","metadata":false},{"id":58954,"structure_id":13156,"section_number":"32.1-164.10","catch_line":"Alternative onsite sewage system general approval process","url":"\/32.1-164.10\/","token":"32.1\/6\/1\/32.1-164.10","metadata":false},{"id":81724,"structure_id":13156,"section_number":"32.1-164.1:01","catch_line":"Onsite Sewage Indemnification Fund","url":"\/32.1-164.1_01\/","token":"32.1\/6\/1\/32.1-164.1_01","metadata":false},{"id":69017,"structure_id":13156,"section_number":"32.1-164.1:1","catch_line":"Validity of certain septic tank permits","url":"\/32.1-164.1_1\/","token":"32.1\/6\/1\/32.1-164.1_1","metadata":false},{"id":82687,"structure_id":13156,"section_number":"32.1-164.1:2","catch_line":"Eligibility for betterment loans to repair or replace failing onsite sewage systems","url":"\/32.1-164.1_2\/","token":"32.1\/6\/1\/32.1-164.1_2","metadata":false},{"id":63246,"structure_id":13156,"section_number":"32.1-164.1:3","catch_line":"Permits for voluntary system upgrades","url":"\/32.1-164.1_3\/","token":"32.1\/6\/1\/32.1-164.1_3","metadata":false},{"id":75897,"structure_id":13156,"section_number":"32.1-164.2","catch_line":"Repealed","url":"\/32.1-164.2\/","token":"32.1\/6\/1\/32.1-164.2","metadata":false},{"id":77141,"structure_id":13156,"section_number":"32.1-164.8","catch_line":"Onsite Operation and Maintenance Fund established","url":"\/32.1-164.8\/","token":"32.1\/6\/1\/32.1-164.8","metadata":false},{"id":54654,"structure_id":13156,"section_number":"32.1-164.9","catch_line":"Regulations for chamber and bundled expanded polystyrene effluent distribution systems for onsite sewage systems","url":"\/32.1-164.9\/","token":"32.1\/6\/1\/32.1-164.9","metadata":false},{"id":86519,"structure_id":13156,"section_number":"32.1-165","catch_line":"Prior approval required before issuance of building permit; approved sewage system or nonconforming system","url":"\/32.1-165\/","token":"32.1\/6\/1\/32.1-165","metadata":false},{"id":64941,"structure_id":13156,"section_number":"32.1-166","catch_line":"Agreements with federal agencies","url":"\/32.1-166\/","token":"32.1\/6\/1\/32.1-166","metadata":false}],"previous_section":{"id":75697,"structure_id":13156,"section_number":"32.1-163.4","catch_line":"Procedures for application backlogs; individuals approved to conduct evaluations for septic system or other onsite sewage system permit applications","url":"\/32.1-163.4\/","token":"32.1\/6\/1\/32.1-163.4","metadata":false},"next_section":{"id":83571,"structure_id":13156,"section_number":"32.1-163.6","catch_line":"Professional engineering of onsite treatment works","url":"\/32.1-163.6\/","token":"32.1\/6\/1\/32.1-163.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-163.5\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 1038<\/a> 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. It has been modified 2 times. 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. Those modifications are as follows: in 2001, chapter 337<\/a>; in 2016, chapter 90<\/a>.<\/p>","references":false,"refers_to":[{"id":76379,"section_number":"54.1-400","catch_line":"Definitions","order_by":null,"url":"\/54.1-400\/"}],"permalink":{"id":203587,"object_type":"law","relational_id":65435,"identifier":"32.1-163.5","token":"32.1\/6\/1\/32.1-163.5","url":"\/32.1-163.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-163.5\/","token":"32.1\/6\/1\/32.1-163.5","dublin_core":{"Title":"Onsite sewage evaluations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-163.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding other provisions of this chapter, for purposes of subdivision review, permit approval, and issuance of letters for residential development, the Board<\/span>, Commissioner<\/span>, and Department<\/span> of Health shall accept private site evaluations and designs, in compliance with the Board<\/span>’s regulations<\/span> for septic systems and other onsite sewage<\/span> systems, designed and certified by a licensed professional engineer, in consultation with a licensed onsite soil evaluator<\/span>, or by a licensed onsite soil evaluator<\/span>. The evaluations and designs included within such submissions shall be certified as complying with the Board<\/span>’s regulations<\/span> implementing this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall not be required to perform a field check of private evaluations and designs prior to issuing the requested letter, permit or approval; however, the Department<\/span> may conduct such review of the work and field analysis as deemed necessary to protect the public health and integrity of the Commonwealth’s environment. Within 15 working days from the date of written submission of a request for approval of a site evaluation and design for a single lot construction permit, and within 60 days from the date of written submission of a request for approval of a site evaluation and design for multiple lot certification letters or subdivision review, the Department<\/span> shall (i) issue<\/span> the requested letter, permit or approval or (ii) set forth in writing the specific reasons for denial. If the Department<\/span> fails to take action to approve or disapprove the designs, evaluations, or subdivision reviews within the time specified herein, the designs, evaluations or subdivision reviews shall be deemed approved and the appropriate letter, permit or approval shall be issued. Notwithstanding any other provision of law<\/span> or the provisions of any local ordinance<\/span>, counties, cities and towns shall comply with the time limits set forth in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section shall authorize anyone other than an individual licensed as a professional engineer pursuant to Chapter 4 (§ 54.1-400<\/a> et seq.) of Title 54.1 to engage in the practice of engineering. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of this section shall not apply to any locality that has entered into a contract<\/span> with the Board<\/span> of Health in accordance with Chapter 678 of the 1994 Acts of Assembly nor to a proprietary, pre-engineered septic system deemed by the Department<\/span> to comply with the Board<\/span>’s regulations<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nONSITE SEWAGE EVALUATIONS (\u00a7 32.1-163.5)\n\nA. Notwithstanding other provisions of this chapter, for purposes of subdivision\nreview, permit approval, and issuance of letters for residential development,\nthe Board, Commissioner, and Department of Health shall accept private site\nevaluations and designs, in compliance with the Board’s regulations for\nseptic systems and other onsite sewage systems, designed and certified by a\nlicensed professional engineer, in consultation with a licensed onsite soil\nevaluator, or by a licensed onsite soil evaluator. The evaluations and designs\nincluded within such submissions shall be certified as complying with the\nBoard’s regulations implementing this chapter.\n\nB. The Department shall not be required to perform a field check of private\nevaluations and designs prior to issuing the requested letter, permit or\napproval; however, the Department may conduct such review of the work and field\nanalysis as deemed necessary to protect the public health and integrity of the\nCommonwealth’s environment. Within 15 working days from the date of\nwritten submission of a request for approval of a site evaluation and design for\na single lot construction permit, and within 60 days from the date of written\nsubmission of a request for approval of a site evaluation and design for\nmultiple lot certification letters or subdivision review, the Department shall\n(i) issue the requested letter, permit or approval or (ii) set forth in writing\nthe specific reasons for denial. If the Department fails to take action to\napprove or disapprove the designs, evaluations, or subdivision reviews within\nthe time specified herein, the designs, evaluations or subdivision reviews shall\nbe deemed approved and the appropriate letter, permit or approval shall be\nissued. Notwithstanding any other provision of law or the provisions of any\nlocal ordinance, counties, cities and towns shall comply with the time limits\nset forth in this subsection.\n\nC. Nothing in this section shall authorize anyone other than an individual\nlicensed as a professional engineer pursuant to Chapter 4 (§ 54.1-400 et\nseq.) of Title 54.1 to engage in the practice of engineering.\n\nD. The provisions of this section shall not apply to any locality that has\nentered into a contract with the Board of Health in accordance with Chapter 678\nof the 1994 Acts of Assembly nor to a proprietary, pre-engineered septic system\ndeemed by the Department to comply with the Board’s regulations.\n\nHISTORY: 1999, c. 1038; 2001, c. 337; 2016, c. 90.","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}}