{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-164.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-164.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-164.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-164.1.html"}],"law_id":74693,"edition_id":1,"section_id":74693,"structure_id":13156,"section_number":"32.1-164.1","catch_line":"Appeals from denials of septic tank permits; inspections","history":"Code 1950, \u00a7 32-9.01; 1979, c. 497; 1980, c. 503; 1984, cc. 457, 548; 1986, c. 615; 1994, c. 747; 2012, c. 184.","full_text":"A\n\nWhenever administrative action is taken to deny a septic tank permit or to grant a septic tank permit with conditions or to refuse to issue, or grant with conditions, a letter recognizing the appropriateness of onsite sewage site conditions in lieu of issuing an onsite sewage system permit, the applicant shall be advised in writing of the administrative remedies that are available to obtain a reversal of the denial or refusal or a modification or elimination of the conditions, or, if no further administrative remedies are available, of the right of appeal provided for hereinafter. After exhausting his administrative remedies, as set forth in § 32.1-164.1:1 et seq., any person aggrieved by a case decision of the Review Board shall have the right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).\n\t\t\tThe decision may be recorded in the land records of the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the septic system is located so as to be binding notice to the public, including subsequent purchases of the land in question.B\n\nThe holder of any permit for a septic tank issued with conditions shall have the permit recorded in the land records of the clerk of the circuit court having jurisdiction over the site of the septic system. The holder of the permit and any subsequent holders of the permit through land purchase or transfer shall be bound by the conditions stated in the permit unless the holder or subsequent holder obtains an additional permit for modification or alteration of the septic system to meet any new use conditions.C\n\nIn adopting regulations prescribing criteria for the granting or denial of permits for septic tanks, the Board shall consider varying circumstances such as population density, extent of use of the septic tank and such other circumstances as may affect the stringency of the criteria necessary to protect the public health and promote the general welfare and may provide for the issuance of permits for septic tanks subject to such conditions as may be necessary to protect the public health.D\n\nUpon receipt of an application for a septic tank permit or a letter recognizing the appropriateness of onsite sewage site conditions in lieu of issuing onsite sewage system permits, the local health department shall notify the governing body of the county or city where the septic tank will be located or the official designated by the governing body for that purpose and shall provide such information concerning the application and the actions taken on the application as the governing body or officer may request.E\n\nWhenever a construction permit has been issued pursuant to an evaluation and design certified by a licensed professional engineer or onsite soil evaluator, the certifying licensed professional engineer or onsite soil evaluator shall inspect that system at the time of installation and provide an inspection report to the Department. The Department may, but is not required to, inspect the installation of such onsite sewage system. In the event that the certifying licensed professional engineer or onsite soil evaluator does not inspect the system in a timely manner or declines to certify that the installation was completed substantially in accordance with the evaluation and design, the owner may petition the Department to inspect the installation and render a final case decision approving or disapproving the installation. The Department shall not be required to convene an informal fact finding proceeding in accordance with § 2.2-4019 prior to rendering such decision.","order_by":null,"text":{"0":{"id":268466,"text":"Whenever administrative action is taken to deny a septic tank permit or to grant a septic tank permit with conditions or to refuse to issue, or grant with conditions, a letter recognizing the appropriateness of onsite sewage site conditions in lieu of issuing an onsite sewage system permit, the applicant shall be advised in writing of the administrative remedies that are available to obtain a reversal of the denial or refusal or a modification or elimination of the conditions, or, if no further administrative remedies are available, of the right of appeal provided for hereinafter. After exhausting his administrative remedies, as set forth in § 32.1-164.1:1 et seq., any person aggrieved by a case decision of the Review Board shall have the right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).\n\t\t\tThe decision may be recorded in the land records of the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the septic system is located so as to be binding notice to the public, including subsequent purchases of the land in question.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268467,"text":"The holder of any permit for a septic tank issued with conditions shall have the permit recorded in the land records of the clerk of the circuit court having jurisdiction over the site of the septic system. The holder of the permit and any subsequent holders of the permit through land purchase or transfer shall be bound by the conditions stated in the permit unless the holder or subsequent holder obtains an additional permit for modification or alteration of the septic system to meet any new use conditions.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":268468,"text":"In adopting regulations prescribing criteria for the granting or denial of permits for septic tanks, the Board shall consider varying circumstances such as population density, extent of use of the septic tank and such other circumstances as may affect the stringency of the criteria necessary to protect the public health and promote the general welfare and may provide for the issuance of permits for septic tanks subject to such conditions as may be necessary to protect the public health.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":268469,"text":"Upon receipt of an application for a septic tank permit or a letter recognizing the appropriateness of onsite sewage site conditions in lieu of issuing onsite sewage system permits, the local health department shall notify the governing body of the county or city where the septic tank will be located or the official designated by the governing body for that purpose and shall provide such information concerning the application and the actions taken on the application as the governing body or officer may request.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":268470,"text":"Whenever a construction permit has been issued pursuant to an evaluation and design certified by a licensed professional engineer or onsite soil evaluator, the certifying licensed professional engineer or onsite soil evaluator shall inspect that system at the time of installation and provide an inspection report to the Department. The Department may, but is not required to, inspect the installation of such onsite sewage system. In the event that the certifying licensed professional engineer or onsite soil evaluator does not inspect the system in a timely manner or declines to certify that the installation was completed substantially in accordance with the evaluation and design, the owner may petition the Department to inspect the installation and render a final case decision approving or disapproving the installation. The Department shall not be required to convene an informal fact finding proceeding in accordance with § 2.2-4019 prior to rendering such decision.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-164.1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1979, chapter 497; in 1980, chapter 503; in 1984, chapters 457 and 548; in 1986, chapter 615; in 1994, chapter 747<\/a>; in 2012, chapter 184<\/a>.<\/p>","references":[{"id":83571,"section_number":"32.1-163.6","catch_line":"Professional engineering of onsite treatment works","order_by":null,"url":"\/32.1-163.6\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":69017,"section_number":"32.1-164.1:1","catch_line":"Validity of certain septic tank permits","order_by":null,"url":"\/32.1-164.1_1\/"}],"permalink":{"id":203599,"object_type":"law","relational_id":74693,"identifier":"32.1-164.1","token":"32.1\/6\/1\/32.1-164.1","url":"\/32.1-164.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-164.1\/","token":"32.1\/6\/1\/32.1-164.1","dublin_core":{"Title":"Appeals from denials of septic tank permits; inspections","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-164.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever administrative action is taken to deny a septic tank permit or to grant a septic tank permit with conditions or to refuse to issue<\/span>, or grant with conditions, a letter recognizing the appropriateness of onsite sewage<\/span> site conditions in lieu of issuing an onsite sewage<\/span> system permit, the applicant shall be advised in writing of the administrative remedies that are available to obtain a reversal of the denial or refusal or a modification or elimination of the conditions, or, if no further administrative remedies are available, of the right of appeal<\/span> provided for hereinafter. After exhausting his administrative remedies, as set forth in § 32.1-164.1:1<\/a> et seq., any person<\/span> aggrieved by a case decision of the Review Board<\/span> shall have the right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.).\n\t\t\tThe decision may be recorded in the land records of the clerk of the circuit<\/span> court<\/span> in the jurisdiction<\/span> where all or part of the site or proposed site of the septic system is located so as to be binding notice to the public, including subsequent purchases of the land in question. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The holder of any permit for a septic tank issued with conditions shall have the permit recorded in the land records of the clerk of the circuit<\/span> court<\/span> having jurisdiction<\/span> over the site of the septic system. The holder of the permit and any subsequent holders of the permit through land purchase or transfer shall be bound by the conditions stated in the permit unless the holder or subsequent holder obtains an additional permit for modification or alteration of the septic system to meet any new use conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In adopting regulations<\/span> prescribing criteria for the granting or denial of permits for septic tanks, the Board shall consider varying circumstances such as population density, extent of use of the septic tank and such other circumstances as may affect the stringency of the criteria necessary to protect the public health and promote the general welfare and may provide for the issuance of permits for septic tanks subject to such conditions as may be necessary to protect the public health. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon receipt of an application for a septic tank permit or a letter recognizing the appropriateness of onsite sewage<\/span> site conditions in lieu of issuing onsite sewage<\/span> system permits, the local health department<\/span> shall notify the governing body of the county or city where the septic tank will be located or the official designated by the governing body for that purpose and shall provide such information concerning the application and the actions taken on the application as the governing body or officer may request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Whenever a construction permit has been issued pursuant to an evaluation and design certified by a licensed professional engineer or onsite soil evaluator, the certifying licensed professional engineer or onsite soil evaluator shall inspect that system at the time of installation and provide an inspection report to the Department<\/span>. The Department<\/span> may, but is not required to, inspect the installation of such onsite sewage<\/span> system. In the event that the certifying licensed professional engineer or onsite soil evaluator does not inspect the system in a timely manner or declines to certify that the installation was completed substantially in accordance with the evaluation and design, the owner<\/span> may petition<\/span> the Department<\/span> to inspect the installation and render a final case decision approving or disapproving the installation. The Department<\/span> shall not be required to convene an informal fact<\/span> finding<\/span> proceeding in accordance with § 2.2-4019<\/a> prior to rendering such decision. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEALS FROM DENIALS OF SEPTIC TANK PERMITS; INSPECTIONS (\u00a7 32.1-164.1)\n\nA. Whenever administrative action is taken to deny a septic tank permit or to\ngrant a septic tank permit with conditions or to refuse to issue, or grant with\nconditions, a letter recognizing the appropriateness of onsite sewage site\nconditions in lieu of issuing an onsite sewage system permit, the applicant\nshall be advised in writing of the administrative remedies that are available to\nobtain a reversal of the denial or refusal or a modification or elimination of\nthe conditions, or, if no further administrative remedies are available, of the\nright of appeal provided for hereinafter. After exhausting his administrative\nremedies, as set forth in § 32.1-164.1:1 et seq., any person aggrieved by a\ncase decision of the Review Board shall have the right to judicial review in\naccordance with the provisions of the Administrative Process Act (§\n2.2-4000 et seq.).\n\t\t\tThe decision may be recorded in the land records of the clerk of the circuit\ncourt in the jurisdiction where all or part of the site or proposed site of the\nseptic system is located so as to be binding notice to the public, including\nsubsequent purchases of the land in question.\n\nB. The holder of any permit for a septic tank issued with conditions shall have\nthe permit recorded in the land records of the clerk of the circuit court having\njurisdiction over the site of the septic system. The holder of the permit and\nany subsequent holders of the permit through land purchase or transfer shall be\nbound by the conditions stated in the permit unless the holder or subsequent\nholder obtains an additional permit for modification or alteration of the septic\nsystem to meet any new use conditions.\n\nC. In adopting regulations prescribing criteria for the granting or denial of\npermits for septic tanks, the Board shall consider varying circumstances such as\npopulation density, extent of use of the septic tank and such other\ncircumstances as may affect the stringency of the criteria necessary to protect\nthe public health and promote the general welfare and may provide for the\nissuance of permits for septic tanks subject to such conditions as may be\nnecessary to protect the public health.\n\nD. Upon receipt of an application for a septic tank permit or a letter\nrecognizing the appropriateness of onsite sewage site conditions in lieu of\nissuing onsite sewage system permits, the local health department shall notify\nthe governing body of the county or city where the septic tank will be located\nor the official designated by the governing body for that purpose and shall\nprovide such information concerning the application and the actions taken on the\napplication as the governing body or officer may request.\n\nE. Whenever a construction permit has been issued pursuant to an evaluation and\ndesign certified by a licensed professional engineer or onsite soil evaluator,\nthe certifying licensed professional engineer or onsite soil evaluator shall\ninspect that system at the time of installation and provide an inspection report\nto the Department. The Department may, but is not required to, inspect the\ninstallation of such onsite sewage system. In the event that the certifying\nlicensed professional engineer or onsite soil evaluator does not inspect the\nsystem in a timely manner or declines to certify that the installation was\ncompleted substantially in accordance with the evaluation and design, the owner\nmay petition the Department to inspect the installation and render a final case\ndecision approving or disapproving the installation. The Department shall not be\nrequired to convene an informal fact finding proceeding in accordance with\n§ 2.2-4019 prior to rendering such decision.\n\nHISTORY: Code 1950, \u00a7 32-9.01; 1979, c. 497; 1980, c. 503; 1984, cc. 457, 548;\n1986, c. 615; 1994, c. 747; 2012, c. 184.","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}}