{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-176.5_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-176.5_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-176.5_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-176.5_2.html"}],"law_id":54228,"edition_id":1,"section_id":54228,"structure_id":13221,"section_number":"32.1-176.5:2","catch_line":"Prohibition on private well construction","history":"2007, c. 403; 2008, c. 62; 2016, c. 90.","full_text":"A\n\nNo private well shall be constructed within 50 feet of the property line with an adjacent property of three acres or larger that is used for an agricultural operation, as defined in § 3.2-300. The following shall be exempt: (i) the owner of the adjacent property that is used for an agricultural operation may grant written permission for construction within 50 feet of the property line; or (ii) certification that no other site on the property complies with the Board’s regulations for the construction of a private well.B\n\nThe Department shall accept private site evaluations and designs, in compliance with the Board’s regulations for the construction of private wells, 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. 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, integrity of the Commonwealth’s environment, and the provisions of this chapter.C\n\nThe Department, prior to issuing a permit, shall require any owner applying for a permit to construct a private well pursuant to the exemptions in subsection A to submit documentation that affirms the well construction site complies with the provisions of this section.","order_by":null,"text":{"0":{"id":199138,"text":"No private well shall be constructed within 50 feet of the property line with an adjacent property of three acres or larger that is used for an agricultural operation, as defined in § 3.2-300. The following shall be exempt: (i) the owner of the adjacent property that is used for an agricultural operation may grant written permission for construction within 50 feet of the property line; or (ii) certification that no other site on the property complies with the Board’s regulations for the construction of a private well.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199139,"text":"The Department shall accept private site evaluations and designs, in compliance with the Board’s regulations for the construction of private wells, 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. 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, integrity of the Commonwealth’s environment, and the provisions of this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199140,"text":"The Department, prior to issuing a permit, shall require any owner applying for a permit to construct a private well pursuant to the exemptions in subsection A to submit documentation that affirms the well construction site complies with the provisions of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13221,"edition_id":1,"name":"Private Well Construction","identifier":"2.1","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:44:28","date_modified":"2026-06-26 03:44:28","permalink":{"id":203809,"object_type":"structure","relational_id":13221,"identifier":"2.1","token":"32.1\/6\/2.1","url":"\/32.1\/6\/2.1\/","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":69862,"structure_id":13221,"section_number":"32.1-176.1","catch_line":"Short title","url":"\/32.1-176.1\/","token":"32.1\/6\/2.1\/32.1-176.1","metadata":false},{"id":73574,"structure_id":13221,"section_number":"32.1-176.2","catch_line":"Findings and policy","url":"\/32.1-176.2\/","token":"32.1\/6\/2.1\/32.1-176.2","metadata":false},{"id":71174,"structure_id":13221,"section_number":"32.1-176.3","catch_line":"Definitions","url":"\/32.1-176.3\/","token":"32.1\/6\/2.1\/32.1-176.3","metadata":false},{"id":74291,"structure_id":13221,"section_number":"32.1-176.4","catch_line":"Powers and duties of Board and Department; regulations; fees","url":"\/32.1-176.4\/","token":"32.1\/6\/2.1\/32.1-176.4","metadata":false},{"id":79950,"structure_id":13221,"section_number":"32.1-176.5","catch_line":"Construction permit; local government authority to require analysis of water","url":"\/32.1-176.5\/","token":"32.1\/6\/2.1\/32.1-176.5","metadata":false},{"id":83042,"structure_id":13221,"section_number":"32.1-176.5:1","catch_line":"Department to test for oil contamination; maintain lists of private laboratories","url":"\/32.1-176.5_1\/","token":"32.1\/6\/2.1\/32.1-176.5_1","metadata":false},{"id":54228,"structure_id":13221,"section_number":"32.1-176.5:2","catch_line":"Prohibition on private well construction","url":"\/32.1-176.5_2\/","token":"32.1\/6\/2.1\/32.1-176.5_2","metadata":false},{"id":86340,"structure_id":13221,"section_number":"32.1-176.6","catch_line":"Inspection","url":"\/32.1-176.6\/","token":"32.1\/6\/2.1\/32.1-176.6","metadata":false},{"id":58056,"structure_id":13221,"section_number":"32.1-176.7","catch_line":"Other agencies to cooperate with Department","url":"\/32.1-176.7\/","token":"32.1\/6\/2.1\/32.1-176.7","metadata":false}],"previous_section":{"id":83042,"structure_id":13221,"section_number":"32.1-176.5:1","catch_line":"Department to test for oil contamination; maintain lists of private laboratories","url":"\/32.1-176.5_1\/","token":"32.1\/6\/2.1\/32.1-176.5_1","metadata":false},"next_section":{"id":86340,"structure_id":13221,"section_number":"32.1-176.6","catch_line":"Inspection","url":"\/32.1-176.6\/","token":"32.1\/6\/2.1\/32.1-176.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-176.5:2\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 403<\/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 2008, chapter 62<\/a>; in 2016, chapter 90<\/a>.<\/p>","references":false,"refers_to":[{"id":62811,"section_number":"3.2-300","catch_line":"Definitions","order_by":null,"url":"\/3.2-300\/"}],"permalink":{"id":203835,"object_type":"law","relational_id":54228,"identifier":"32.1-176.5:2","token":"32.1\/6\/2.1\/32.1-176.5_2","url":"\/32.1-176.5_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-176.5_2\/","token":"32.1\/6\/2.1\/32.1-176.5_2","dublin_core":{"Title":"Prohibition on private well construction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-176.5:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No private well<\/span> shall be constructed within 50 feet of the property line with an adjacent property of three acres or larger that is used for an agricultural operation, as defined in § 3.2-300<\/a>. The following shall be exempt: (i) the owner of the adjacent property that is used for an agricultural operation may grant written permission for construction within 50 feet of the property line; or (ii) certification that no other site on the property complies with the Board<\/span>’s regulations for the construction of a private well<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall accept private site evaluations and designs, in compliance with the Board<\/span>’s regulations for the construction of private wells<\/span>, 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<\/span>’s regulations implementing this chapter. 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, integrity of the Commonwealth’s environment, and the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span>, prior to issuing a permit, shall require any owner applying for a permit to construct a private well<\/span> pursuant to the exemptions in subsection A to submit documentation that affirms<\/span> the well construction site complies with the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITION ON PRIVATE WELL CONSTRUCTION (\u00a7 32.1-176.5:2)\n\nA. No private well shall be constructed within 50 feet of the property line with\nan adjacent property of three acres or larger that is used for an agricultural\noperation, as defined in § 3.2-300. The following shall be exempt: (i) the\nowner of the adjacent property that is used for an agricultural operation may\ngrant written permission for construction within 50 feet of the property line;\nor (ii) certification that no other site on the property complies with the\nBoard’s regulations for the construction of a private well.\n\nB. The Department shall accept private site evaluations and designs, in\ncompliance with the Board’s regulations for the construction of private\nwells, designed and certified by a licensed professional engineer, in\nconsultation with a licensed onsite soil evaluator, or by a licensed onsite soil\nevaluator. The evaluations and designs included within such submissions shall be\ncertified as complying with the Board’s regulations implementing this\nchapter. The Department shall not be required to perform a field check of\nprivate evaluations and designs prior to issuing the requested letter, permit,\nor approval. However, the Department may conduct such review of the work and\nfield analysis as deemed necessary to protect the public health, integrity of\nthe Commonwealth’s environment, and the provisions of this chapter.\n\nC. The Department, prior to issuing a permit, shall require any owner applying\nfor a permit to construct a private well pursuant to the exemptions in\nsubsection A to submit documentation that affirms the well construction site\ncomplies with the provisions of this section.\n\nHISTORY: 2007, c. 403; 2008, c. 62; 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}}