{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-146.21.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-146.21.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-146.21.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-146.21.html"}],"law_id":67566,"edition_id":1,"section_id":67566,"structure_id":14302,"section_number":"44-146.21","catch_line":"Declaration of local emergency","history":"1973, c. 260; 1974, c. 4; 1975, c. 11; 1976, c. 594; 1986, c. 24; 1990, c. 945; 1994, c. 75; 2000, c. 309; 2016, c. 555.","full_text":"A\n\nA local emergency may be declared by the local director of emergency management with the consent of the governing body of the political subdivision. In the event the governing body cannot convene due to the disaster or other exigent circumstances, the director, or in his absence, the deputy director, or in the absence of both the director and deputy director, any member of the governing body may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The governing body, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency.B\n\nA declaration of a local emergency as defined in § 44-146.16 shall activate the local Emergency Operations Plan and authorize the furnishing of aid and assistance thereunder.C\n\nWhenever a local emergency has been declared, the director of emergency management of each political subdivision or any member of the governing body in the absence of the director, if so authorized by the governing body, may control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster, and proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and other expenditures of public funds, provided such funds in excess of appropriations in the current approved budget, unobligated, are available. Whenever the Governor has declared a state of emergency, each political subdivision affected may, under the supervision and control of the Governor or his designated representative, enter into contracts and incur obligations necessary to combat such threatened or actual disaster beyond the capabilities of local government, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law pertaining to public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.D\n\nNo interjurisdictional agency or official thereof may declare a local emergency. However, an interjurisdictional agency of emergency management shall provide aid and services to the affected political subdivision authorizing such assistance in accordance with the agreement as a result of a local or state declaration.E\n\nNone of the provisions of this chapter shall apply to the Emergency Disaster Relief provided by the American Red Cross or other relief agency solely concerned with the provision of service at no cost to the citizens of the Commonwealth.","order_by":null,"text":{"0":{"id":244829,"text":"A local emergency may be declared by the local director of emergency management with the consent of the governing body of the political subdivision. In the event the governing body cannot convene due to the disaster or other exigent circumstances, the director, or in his absence, the deputy director, or in the absence of both the director and deputy director, any member of the governing body may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The governing body, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244830,"text":"A declaration of a local emergency as defined in § 44-146.16 shall activate the local Emergency Operations Plan and authorize the furnishing of aid and assistance thereunder.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":244831,"text":"Whenever a local emergency has been declared, the director of emergency management of each political subdivision or any member of the governing body in the absence of the director, if so authorized by the governing body, may control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster, and proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and other expenditures of public funds, provided such funds in excess of appropriations in the current approved budget, unobligated, are available. Whenever the Governor has declared a state of emergency, each political subdivision affected may, under the supervision and control of the Governor or his designated representative, enter into contracts and incur obligations necessary to combat such threatened or actual disaster beyond the capabilities of local government, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law pertaining to public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":244832,"text":"No interjurisdictional agency or official thereof may declare a local emergency. However, an interjurisdictional agency of emergency management shall provide aid and services to the affected political subdivision authorizing such assistance in accordance with the agreement as a result of a local or state declaration.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":244833,"text":"None of the provisions of this chapter shall apply to the Emergency Disaster Relief provided by the American Red Cross or other relief agency solely concerned with the provision of service at no cost to the citizens of the Commonwealth.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14302,"edition_id":1,"name":"Emergency Services and Disaster Law","identifier":"3.2","label":"chapter","depth":2,"order_by":1,"parent_id":13446,"metadata":{},"date_created":"2026-06-26 03:47:39","date_modified":"2026-06-26 03:47:39","permalink":{"id":222283,"object_type":"structure","relational_id":14302,"identifier":"3.2","token":"44\/3.2","url":"\/44\/3.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13446,"edition_id":1,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221549,"object_type":"structure","relational_id":13446,"identifier":"44","token":"44","url":"\/44\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83808,"structure_id":14302,"section_number":"44-146.13","catch_line":"Short title","url":"\/44-146.13\/","token":"44\/3.2\/44-146.13","metadata":false},{"id":65115,"structure_id":14302,"section_number":"44-146.14","catch_line":"Findings of General Assembly","url":"\/44-146.14\/","token":"44\/3.2\/44-146.14","metadata":false},{"id":56507,"structure_id":14302,"section_number":"44-146.15","catch_line":"Construction of chapter","url":"\/44-146.15\/","token":"44\/3.2\/44-146.15","metadata":false},{"id":65984,"structure_id":14302,"section_number":"44-146.16","catch_line":"Definitions","url":"\/44-146.16\/","token":"44\/3.2\/44-146.16","metadata":false},{"id":78828,"structure_id":14302,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","url":"\/44-146.17\/","token":"44\/3.2\/44-146.17","metadata":false},{"id":73003,"structure_id":14302,"section_number":"44-146.17:1","catch_line":"Transmittal to General Assembly of rules, regulations, and orders","url":"\/44-146.17_1\/","token":"44\/3.2\/44-146.17_1","metadata":false},{"id":62120,"structure_id":14302,"section_number":"44-146.17:1.1","catch_line":"Certain emergency orders; additional requirements","url":"\/44-146.17_1.1\/","token":"44\/3.2\/44-146.17_1.1","metadata":false},{"id":74379,"structure_id":14302,"section_number":"44-146.17:2","catch_line":"Annual statewide drill","url":"\/44-146.17_2\/","token":"44\/3.2\/44-146.17_2","metadata":false},{"id":55576,"structure_id":14302,"section_number":"44-146.18","catch_line":"Department of Emergency Management; administration and operational control; coordinator and other personnel; powers and duties","url":"\/44-146.18\/","token":"44\/3.2\/44-146.18","metadata":false},{"id":70134,"structure_id":14302,"section_number":"44-146.18:1","catch_line":"Virginia Disaster Response Funds disbursements; reimbursements","url":"\/44-146.18_1\/","token":"44\/3.2\/44-146.18_1","metadata":false},{"id":71648,"structure_id":14302,"section_number":"44-146.18:2","catch_line":"Authority of Coordinator of Emergency Management in undeclared emergency","url":"\/44-146.18_2\/","token":"44\/3.2\/44-146.18_2","metadata":false},{"id":69158,"structure_id":14302,"section_number":"44-146.18:3","catch_line":"First informer broadcasters; coordination with Department of Emergency Management","url":"\/44-146.18_3\/","token":"44\/3.2\/44-146.18_3","metadata":false},{"id":84404,"structure_id":14302,"section_number":"44-146.18:4","catch_line":"State Coordinator of Emergency Management responsible for annual Virginia Comprehensive Emergency Management Report","url":"\/44-146.18_4\/","token":"44\/3.2\/44-146.18_4","metadata":false},{"id":59542,"structure_id":14302,"section_number":"44-146.18:5","catch_line":"Division of Public Safety Communications established; appointment of Virginia Public Safety Communications Coordinator; duties of Division","url":"\/44-146.18_5\/","token":"44\/3.2\/44-146.18_5","metadata":false},{"id":63764,"structure_id":14302,"section_number":"44-146.18:6","catch_line":"Geographic Information Network Division established; powers and duties; Division Coordinator","url":"\/44-146.18_6\/","token":"44\/3.2\/44-146.18_6","metadata":false},{"id":70812,"structure_id":14302,"section_number":"44-146.18:7","catch_line":"GIS Fund created","url":"\/44-146.18_7\/","token":"44\/3.2\/44-146.18_7","metadata":false},{"id":55832,"structure_id":14302,"section_number":"44-146.18:8","catch_line":"Additional powers and duties of the State Coordinator of Emergency Management","url":"\/44-146.18_8\/","token":"44\/3.2\/44-146.18_8","metadata":false},{"id":86221,"structure_id":14302,"section_number":"44-146.18:9","catch_line":"Nonstock corporation to assist in the development of GIS data","url":"\/44-146.18_9\/","token":"44\/3.2\/44-146.18_9","metadata":false},{"id":85193,"structure_id":14302,"section_number":"44-146.19","catch_line":"Powers and duties of political subdivisions","url":"\/44-146.19\/","token":"44\/3.2\/44-146.19","metadata":false},{"id":78856,"structure_id":14302,"section_number":"44-146.20","catch_line":"Joint action by political subdivisions","url":"\/44-146.20\/","token":"44\/3.2\/44-146.20","metadata":false},{"id":67566,"structure_id":14302,"section_number":"44-146.21","catch_line":"Declaration of local emergency","url":"\/44-146.21\/","token":"44\/3.2\/44-146.21","metadata":false},{"id":70539,"structure_id":14302,"section_number":"44-146.22","catch_line":"Development of measures to prevent or reduce harmful consequences of disasters; disclosure of information","url":"\/44-146.22\/","token":"44\/3.2\/44-146.22","metadata":false},{"id":76000,"structure_id":14302,"section_number":"44-146.23","catch_line":"Immunity from liability","url":"\/44-146.23\/","token":"44\/3.2\/44-146.23","metadata":false},{"id":62719,"structure_id":14302,"section_number":"44-146.24","catch_line":"Cooperation of public agencies","url":"\/44-146.24\/","token":"44\/3.2\/44-146.24","metadata":false},{"id":67520,"structure_id":14302,"section_number":"44-146.25","catch_line":"Repealed","url":"\/44-146.25\/","token":"44\/3.2\/44-146.25","metadata":false},{"id":76909,"structure_id":14302,"section_number":"44-146.26","catch_line":"Duties of emergency management organizations","url":"\/44-146.26\/","token":"44\/3.2\/44-146.26","metadata":false},{"id":75520,"structure_id":14302,"section_number":"44-146.27","catch_line":"Supplementing federal funds; assistance of federal agencies; acceptance of gifts and services; appropriations by local governing bodies","url":"\/44-146.27\/","token":"44\/3.2\/44-146.27","metadata":false},{"id":75418,"structure_id":14302,"section_number":"44-146.28","catch_line":"Authority of Governor and agencies under his control in declared state of emergency","url":"\/44-146.28\/","token":"44\/3.2\/44-146.28","metadata":false},{"id":83794,"structure_id":14302,"section_number":"44-146.28:1","catch_line":"Compact enacted into law; terms","url":"\/44-146.28_1\/","token":"44\/3.2\/44-146.28_1","metadata":false},{"id":86962,"structure_id":14302,"section_number":"44-146.28:2","catch_line":"Disaster relief assistance by out-of-state businesses and employees","url":"\/44-146.28_2\/","token":"44\/3.2\/44-146.28_2","metadata":false},{"id":66386,"structure_id":14302,"section_number":"44-146.29","catch_line":"Expired","url":"\/44-146.29\/","token":"44\/3.2\/44-146.29","metadata":false},{"id":72455,"structure_id":14302,"section_number":"44-146.29:1","catch_line":"Expired","url":"\/44-146.29_1\/","token":"44\/3.2\/44-146.29_1","metadata":false},{"id":70917,"structure_id":14302,"section_number":"44-146.29:3","catch_line":"Emergency Shelters Upgrade Assistance Grant Fund","url":"\/44-146.29_3\/","token":"44\/3.2\/44-146.29_3","metadata":false},{"id":84353,"structure_id":14302,"section_number":"44-146.29:4","catch_line":"Disconnection suspension for certain utilities","url":"\/44-146.29_4\/","token":"44\/3.2\/44-146.29_4","metadata":false}],"previous_section":{"id":78856,"structure_id":14302,"section_number":"44-146.20","catch_line":"Joint action by political subdivisions","url":"\/44-146.20\/","token":"44\/3.2\/44-146.20","metadata":false},"next_section":{"id":70539,"structure_id":14302,"section_number":"44-146.22","catch_line":"Development of measures to prevent or reduce harmful consequences of disasters; disclosure of information","url":"\/44-146.22\/","token":"44\/3.2\/44-146.22","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-146.21\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 260 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 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1974, chapter 4; in 1975, chapter 11; in 1976, chapter 594; in 1986, chapter 24; in 1990, chapter 945; in 1994, chapter 75<\/a>; in 2000, chapter 309<\/a>; in 2016, chapter 555<\/a>.<\/p>","references":[{"id":77237,"section_number":"15.2-922.1","catch_line":"Regulating or prohibiting the making of fires","order_by":null,"url":"\/15.2-922.1\/"},{"id":72449,"section_number":"18.2-493","catch_line":"Definitions","order_by":null,"url":"\/18.2-493\/"},{"id":78376,"section_number":"2.2-3708.2","catch_line":"Meetings held through electronic communication means during declared states of emergency","order_by":null,"url":"\/2.2-3708.2\/"}],"refers_to":[{"id":65984,"section_number":"44-146.16","catch_line":"Definitions","order_by":null,"url":"\/44-146.16\/"}],"permalink":{"id":222365,"object_type":"law","relational_id":67566,"identifier":"44-146.21","token":"44\/3.2\/44-146.21","url":"\/44-146.21\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-146.21\/","token":"44\/3.2\/44-146.21","dublin_core":{"Title":"Declaration of local emergency","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-146.21","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A local emergency<\/span> may be declared by the local director of emergency management with the consent of the governing body of the political subdivision<\/span>. In the event the governing body cannot convene due to the disaster<\/span> or other exigent circumstances, the director, or in his absence, the deputy director, or in the absence of both the director and deputy director, any member of the governing body may declare the existence of a local emergency<\/span>, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The governing body, when in its judgment<\/span> all emergency actions have been taken, shall take appropriate action to end the declared emergency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A declaration of a local emergency<\/span> as defined in § 44-146.16<\/a> shall activate the local Emergency<\/span> Operations Plan and authorize the furnishing of aid and assistance thereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever a local emergency<\/span> has been declared, the director of emergency management of each political subdivision<\/span> or any member of the governing body in the absence of the director, if so authorized by the governing body, may control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials<\/span>, goods, services and resource systems which fall only within the boundaries of that jurisdiction<\/span> and which do not impact systems affecting adjoining or other political subdivisions<\/span>, enter into contracts<\/span> and incur obligations necessary to combat such threatened or actual disaster<\/span>, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster<\/span>, and proceed without regard to time-consuming procedures and formalities prescribed by law<\/span> (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts<\/span>, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials<\/span>, and other expenditures of public funds, provided such funds in excess of appropriations in the current approved budget, unobligated, are available. Whenever the Governor has declared a state of emergency<\/span>, each political subdivision<\/span> affected may, under the supervision and control of the Governor or his designated representative, enter into contracts<\/span> and incur obligations necessary to combat such threatened or actual disaster<\/span> beyond the capabilities of local government, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster<\/span>. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision<\/span> may proceed without regard to time-consuming procedures and formalities prescribed by law<\/span> pertaining to public work, entering into contracts<\/span>, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials<\/span>, levying of taxes, and appropriation and expenditure of public funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No interjurisdictional agency or official thereof may declare a local emergency<\/span>. However, an interjurisdictional agency of emergency management shall provide aid and services to the affected political subdivision<\/span> authorizing such assistance in accordance with the agreement as a result of a local or state declaration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> None of the provisions of this chapter shall apply to the Emergency Disaster<\/span> Relief provided by the American Red Cross or other relief agency solely concerned with the provision of service at no cost to the citizens of the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDECLARATION OF LOCAL EMERGENCY (\u00a7 44-146.21)\n\nA. A local emergency may be declared by the local director of emergency\nmanagement with the consent of the governing body of the political subdivision.\nIn the event the governing body cannot convene due to the disaster or other\nexigent circumstances, the director, or in his absence, the deputy director, or\nin the absence of both the director and deputy director, any member of the\ngoverning body may declare the existence of a local emergency, subject to\nconfirmation by the governing body at its next regularly scheduled meeting or at\na special meeting within 45 days of the declaration, whichever occurs first. The\ngoverning body, when in its judgment all emergency actions have been taken,\nshall take appropriate action to end the declared emergency.\n\nB. A declaration of a local emergency as defined in § 44-146.16 shall\nactivate the local Emergency Operations Plan and authorize the furnishing of aid\nand assistance thereunder.\n\nC. Whenever a local emergency has been declared, the director of emergency\nmanagement of each political subdivision or any member of the governing body in\nthe absence of the director, if so authorized by the governing body, may\ncontrol, restrict, allocate or regulate the use, sale, production and\ndistribution of food, fuel, clothing and other commodities, materials, goods,\nservices and resource systems which fall only within the boundaries of that\njurisdiction and which do not impact systems affecting adjoining or other\npolitical subdivisions, enter into contracts and incur obligations necessary to\ncombat such threatened or actual disaster, protect the health and safety of\npersons and property and provide emergency assistance to the victims of such\ndisaster, and proceed without regard to time-consuming procedures and\nformalities prescribed by law (except mandatory constitutional requirements)\npertaining to the performance of public work, entering into contracts, incurring\nof obligations, employment of temporary workers, rental of equipment, purchase\nof supplies and materials, and other expenditures of public funds, provided such\nfunds in excess of appropriations in the current approved budget, unobligated,\nare available. Whenever the Governor has declared a state of emergency, each\npolitical subdivision affected may, under the supervision and control of the\nGovernor or his designated representative, enter into contracts and incur\nobligations necessary to combat such threatened or actual disaster beyond the\ncapabilities of local government, protect the health and safety of persons and\nproperty and provide emergency assistance to the victims of such disaster. In\nexercising the powers vested under this section, under the supervision and\ncontrol of the Governor, the political subdivision may proceed without regard to\ntime-consuming procedures and formalities prescribed by law pertaining to public\nwork, entering into contracts, incurring of obligations, employment of temporary\nworkers, rental of equipment, purchase of supplies and materials, levying of\ntaxes, and appropriation and expenditure of public funds.\n\nD. No interjurisdictional agency or official thereof may declare a local\nemergency. However, an interjurisdictional agency of emergency management shall\nprovide aid and services to the affected political subdivision authorizing such\nassistance in accordance with the agreement as a result of a local or state\ndeclaration.\n\nE. None of the provisions of this chapter shall apply to the Emergency Disaster\nRelief provided by the American Red Cross or other relief agency solely\nconcerned with the provision of service at no cost to the citizens of the\nCommonwealth.\n\nHISTORY: 1973, c. 260; 1974, c. 4; 1975, c. 11; 1976, c. 594; 1986, c. 24; 1990,\nc. 945; 1994, c. 75; 2000, c. 309; 2016, c. 555.","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}}