{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-165.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-165.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-165.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-165.html"}],"law_id":86519,"edition_id":1,"section_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","history":"Code 1950, \u00a7 32-9; 1954, c. 646; 1964, c. 436; 1970, c. 645; 1972, c. 775; 1979, c. 711; 1984, c. 457; 2016, c. 96.","full_text":"A\n\nNo county, city, town, or employee thereof shall issue a permit for a building designed for human occupancy without the prior written authorization of the Commissioner or his agent. The Commissioner or his agent shall authorize the issuance of such permit upon finding that safe, adequate, and proper sewage treatment is or will be made available to such building, or upon finding that the issuance of such permit has been approved by the Review Board. &#8220;Safe, adequate, and proper&#8221; means a treatment works that complies with applicable regulations of the Board of Health that are in effect at the time of application.B\n\nThe Commissioner shall develop an application and procedure for evaluating an installed treatment works and to determine whether to authorize issuance of a permit for a building designed for human occupancy.C\n\nNothing in this section shall be construed to prevent the Commissioner or his agent from approving the use of a nonconforming treatment works, provided the treatment works was installed in accordance with the Board of Health&#8217;s applicable regulations in effect at the time of its installation, is not failing, and is designed and constructed for the sewage flow and strength expected from the building.D\n\nNothing in this section shall be construed to prevent an owner of real property from receiving a voluntary upgrade pursuant to &#xA7; 32.1-164.1:3, or other permit, as a condition of approval as a nonconforming treatment works.E\n\nThe Board, Commissioner, and Department may accept a certified evaluation from (i) a professional engineer licensed pursuant to Chapter 4 of Title 54.1; (ii) an onsite soil evaluator, onsite sewage system operator, or onsite sewage system installer licensed pursuant to Chapter 23 of Title 54.1; (iii) or other individual with an appropriate certification from the National Sanitation Foundation, or equivalent. The Department may perform an inspection of the certified evaluation but shall not be required to perform a field check prior to the issuance of the written authorization in subsection A.","order_by":null,"text":{"0":{"id":309891,"text":"No county, city, town, or employee thereof shall issue a permit for a building designed for human occupancy without the prior written authorization of the Commissioner or his agent. The Commissioner or his agent shall authorize the issuance of such permit upon finding that safe, adequate, and proper sewage treatment is or will be made available to such building, or upon finding that the issuance of such permit has been approved by the Review Board. &#8220;Safe, adequate, and proper&#8221; means a treatment works that complies with applicable regulations of the Board of Health that are in effect at the time of application.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":309892,"text":"The Commissioner shall develop an application and procedure for evaluating an installed treatment works and to determine whether to authorize issuance of a permit for a building designed for human occupancy.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":309893,"text":"Nothing in this section shall be construed to prevent the Commissioner or his agent from approving the use of a nonconforming treatment works, provided the treatment works was installed in accordance with the Board of Health&#8217;s applicable regulations in effect at the time of its installation, is not failing, and is designed and constructed for the sewage flow and strength expected from the building.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":309894,"text":"Nothing in this section shall be construed to prevent an owner of real property from receiving a voluntary upgrade pursuant to &#xA7; 32.1-164.1:3, or other permit, as a condition of approval as a nonconforming treatment works.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":309895,"text":"The Board, Commissioner, and Department may accept a certified evaluation from (i) a professional engineer licensed pursuant to Chapter 4 of Title 54.1; (ii) an onsite soil evaluator, onsite sewage system operator, or onsite sewage system installer licensed pursuant to Chapter 23 of Title 54.1; (iii) or other individual with an appropriate certification from the National Sanitation Foundation, or equivalent. The Department may perform an inspection of the certified evaluation but shall not be required to perform a field check prior to the issuance of the written authorization in subsection A.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-165\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1954, chapter 646; in 1964, chapter 436; in 1970, chapter 645; in 1972, chapter 775; in 1979, chapter 711; in 1984, chapter 457; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0096\">96<\/a>.<\/p>","references":false,"refers_to":[{"id":63246,"section_number":"32.1-164.1:3","catch_line":"Permits for voluntary system upgrades","order_by":null,"url":"\/32.1-164.1_3\/"}],"permalink":{"id":203635,"object_type":"law","relational_id":86519,"identifier":"32.1-165","token":"32.1\/6\/1\/32.1-165","url":"\/32.1-165\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-165\/","token":"32.1\/6\/1\/32.1-165","dublin_core":{"Title":"Prior approval required before issuance of building permit; approved sewage system or nonconforming system","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-165","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No county, city, town, or employee thereof shall <span class=\"dictionary\">issue<\/span> a permit for a building designed for human occupancy without the prior written authorization of the <span class=\"dictionary\">Commissioner<\/span> or his agent. The <span class=\"dictionary\">Commissioner<\/span> or his agent shall authorize the issuance of such permit upon <span class=\"dictionary\">finding<\/span> that <span class=\"dictionary\">safe, adequate, and proper<\/span> <span class=\"dictionary\">sewage<\/span> treatment is or will be made available to such building, or upon <span class=\"dictionary\">finding<\/span> that the issuance of such permit has been approved by the <span class=\"dictionary\">Review Board<\/span>. &#8220;<span class=\"dictionary\">Safe, adequate, and proper<\/span>&#8221; means a <span class=\"dictionary\">treatment works<\/span> that complies with applicable <span class=\"dictionary\">regulations<\/span> of the Board of Health that are in effect at the time of application. <a id=\"paragraph-309891\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-165\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Commissioner<\/span> shall develop an application and procedure for evaluating an installed <span class=\"dictionary\">treatment works<\/span> and to determine whether to authorize issuance of a permit for a building designed for human occupancy. <a id=\"paragraph-309892\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-165\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Nothing in this section shall be construed to prevent the <span class=\"dictionary\">Commissioner<\/span> or his agent from approving the use of a nonconforming <span class=\"dictionary\">treatment works<\/span>, provided the <span class=\"dictionary\">treatment works<\/span> was installed in accordance with the Board of Health&#8217;s applicable <span class=\"dictionary\">regulations<\/span> in effect at the time of its installation, is not failing, and is designed and constructed for the <span class=\"dictionary\">sewage<\/span> flow and strength expected from the building. <a id=\"paragraph-309893\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-165\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Nothing in this section shall be construed to prevent an <span class=\"dictionary\">owner<\/span> of real property from receiving a voluntary upgrade pursuant to &#xA7; <a class=\"law\" title=\"Permits for voluntary system upgrades\" href=\"\/32.1-164.1_3\/\">32.1-164.1:3<\/a>, or other permit, as a condition of approval as a nonconforming <span class=\"dictionary\">treatment works<\/span>. <a id=\"paragraph-309894\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-165\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The Board, <span class=\"dictionary\">Commissioner<\/span>, and <span class=\"dictionary\">Department<\/span> may accept a certified evaluation from (i) a professional engineer licensed pursuant to Chapter 4 of Title 54.1; (ii) an onsite soil evaluator, onsite <span class=\"dictionary\">sewage<\/span> system <span class=\"dictionary\">operator<\/span>, or onsite <span class=\"dictionary\">sewage<\/span> system installer licensed pursuant to Chapter 23 of Title 54.1; (iii) or other individual with an appropriate certification from the National Sanitation Foundation, or equivalent. The <span class=\"dictionary\">Department<\/span> may perform an inspection of the certified evaluation but shall not be required to perform a field check prior to the issuance of the written authorization in subsection A. <a id=\"paragraph-309895\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-165\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPRIOR APPROVAL REQUIRED BEFORE ISSUANCE OF BUILDING PERMIT; APPROVED SEWAGE\nSYSTEM OR NONCONFORMING SYSTEM (\u00a7 32.1-165)\n\nA. No county, city, town, or employee thereof shall issue a permit for a\nbuilding designed for human occupancy without the prior written authorization of\nthe Commissioner or his agent. The Commissioner or his agent shall authorize the\nissuance of such permit upon finding that safe, adequate, and proper sewage\ntreatment is or will be made available to such building, or upon finding that\nthe issuance of such permit has been approved by the Review Board. &#8220;Safe,\nadequate, and proper&#8221; means a treatment works that complies with\napplicable regulations of the Board of Health that are in effect at the time of\napplication.\n\nB. The Commissioner shall develop an application and procedure for evaluating an\ninstalled treatment works and to determine whether to authorize issuance of a\npermit for a building designed for human occupancy.\n\nC. Nothing in this section shall be construed to prevent the Commissioner or his\nagent from approving the use of a nonconforming treatment works, provided the\ntreatment works was installed in accordance with the Board of Health&#8217;s\napplicable regulations in effect at the time of its installation, is not\nfailing, and is designed and constructed for the sewage flow and strength\nexpected from the building.\n\nD. Nothing in this section shall be construed to prevent an owner of real\nproperty from receiving a voluntary upgrade pursuant to &#xA7; 32.1-164.1:3, or\nother permit, as a condition of approval as a nonconforming treatment works.\n\nE. The Board, Commissioner, and Department may accept a certified evaluation\nfrom (i) a professional engineer licensed pursuant to Chapter 4 of Title 54.1;\n(ii) an onsite soil evaluator, onsite sewage system operator, or onsite sewage\nsystem installer licensed pursuant to Chapter 23 of Title 54.1; (iii) or other\nindividual with an appropriate certification from the National Sanitation\nFoundation, or equivalent. The Department may perform an inspection of the\ncertified evaluation but shall not be required to perform a field check prior to\nthe issuance of the written authorization in subsection A.\n\nHISTORY: Code 1950, \u00a7 32-9; 1954, c. 646; 1964, c. 436; 1970, c. 645; 1972, c.\n775; 1979, c. 711; 1984, c. 457; 2016, c. 96.","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}}