{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_48.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_48.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_48.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_48.html"}],"law_id":71859,"edition_id":1,"section_id":71859,"structure_id":13470,"section_number":"62.1-44.15:48","catch_line":"Penalties, injunctions, and other legal actions","history":"1989, cc. 467, 499, \u00a7 10.1-603.14; 2004, c. 372; 2006, c. 171; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758.","full_text":"A\n\nFor a land-disturbing activity that disturbs 2,500 square feet or more of land in an area of a locality that is designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (\u00a7 62.1-44.15:67 et seq.), or that disturbs one acre or more of land or is part of a larger common plan of development or sale that disturbs one acre or more of land anywhere else in the Commonwealth:1\n\nAny person who violates any applicable provision of this article or of any regulation, permit, or standard and specification adopted or approved by the Board hereunder, or who fails, neglects, or refuses to comply with any order of the Board, or a court, issued as herein provided, shall be subject to a civil penalty pursuant to § 62.1-44.32. The court shall direct that any penalty be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.2\n\nAny person who violates any applicable provision of this article, or any ordinance adopted pursuant to this article, including those adopted pursuant to the conditions of an MS4 permit, or any condition of a local land-disturbance approval, or who fails, neglects, or refuses to comply with any order of a locality serving as a VESMP authority or a court, issued as herein provided, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. Such civil penalties shall be paid into the treasury of the locality in which the violation occurred and are to be used solely for stormwater management capital projects, including (i) new stormwater best management practices; (ii) stormwater best management practice maintenance, inspection, or retrofitting; (iii) stream restoration; (iv) low-impact development projects; (v) buffer restoration; (vi) pond retrofitting; and (vii) wetlands restoration.\n\t\t\t\tWhere the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.B\n\nFor a land-disturbing activity that disturbs an area measuring not less than 10,000 square feet but less than one acre in an area that is not designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (\u00a7 62.1-44.15:67 et seq.) and is not part of a larger common plan of development or sale that disturbs one acre or more of land:1\n\nAny person who violates any applicable provision of this article or of any regulation or order of the Board issued pursuant to this article, or any condition of a land-disturbance approval issued by the Board, or fails to obtain a required land-disturbance approval, shall be subject to a civil penalty not to exceed $5,000 for each violation with a limit of $50,000 within the discretion of the court in a civil action initiated by the Board. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties that exceed a total of $50,000. The court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.2\n\nAny locality serving as a VESMP authority shall adopt an ordinance providing that a violation of any ordinance or provision of its program adopted pursuant to this article, or any condition of a land-disturbance approval, shall be subject to a civil penalty. Such ordinance shall provide that any person who violates any applicable provision of this article or any ordinance or order of a locality issued pursuant to this article, or any condition of a land-disturbance approval issued by the locality, or fails to obtain a required land-disturbance approval, shall be subject to a civil penalty not to exceed $5,000 for each violation with a limit of $50,000 within the discretion of the court in a civil action initiated by the locality. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties that exceed a total of $50,000. Any civil penalties assessed by a court shall be paid into the treasury of the locality wherein the land lies and used pursuant to subdivision A 2, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.C\n\nThe violation of any provision of this article may also result in the following sanctions:1\n\nThe Board may seek an injunction, mandamus, or other appropriate remedy pursuant to § 62.1-44.23. A locality serving as a VESMP authority may apply to the appropriate court in any jurisdiction wherein the land lies to enjoin a violation or a threatened violation of the provisions of a local ordinance or order or the conditions of a local land-disturbance approval. Any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to this article shall be subject, in the discretion of the court, to a civil penalty that shall be assessed and used in accordance with the provisions of subsection A or B, as applicable.2\n\nThe Board or a locality serving as a VESMP authority may use the criminal provisions provided in § 62.1-44.32.","order_by":null,"text":{"0":{"id":258898,"text":"For a land-disturbing activity that disturbs 2,500 square feet or more of land in an area of a locality that is designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (\u00a7 62.1-44.15:67 et seq.), or that disturbs one acre or more of land or is part of a larger common plan of development or sale that disturbs one acre or more of land anywhere else in the Commonwealth:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":258899,"text":"Any person who violates any applicable provision of this article or of any regulation, permit, or standard and specification adopted or approved by the Board hereunder, or who fails, neglects, or refuses to comply with any order of the Board, or a court, issued as herein provided, shall be subject to a civil penalty pursuant to § 62.1-44.32. The court shall direct that any penalty be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":258900,"text":"Any person who violates any applicable provision of this article, or any ordinance adopted pursuant to this article, including those adopted pursuant to the conditions of an MS4 permit, or any condition of a local land-disturbance approval, or who fails, neglects, or refuses to comply with any order of a locality serving as a VESMP authority or a court, issued as herein provided, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. Such civil penalties shall be paid into the treasury of the locality in which the violation occurred and are to be used solely for stormwater management capital projects, including (i) new stormwater best management practices; (ii) stormwater best management practice maintenance, inspection, or retrofitting; (iii) stream restoration; (iv) low-impact development projects; (v) buffer restoration; (vi) pond retrofitting; and (vii) wetlands restoration.\n\t\t\t\tWhere the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":258901,"text":"For a land-disturbing activity that disturbs an area measuring not less than 10,000 square feet but less than one acre in an area that is not designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (\u00a7 62.1-44.15:67 et seq.) and is not part of a larger common plan of development or sale that disturbs one acre or more of land:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":258902,"text":"Any person who violates any applicable provision of this article or of any regulation or order of the Board issued pursuant to this article, or any condition of a land-disturbance approval issued by the Board, or fails to obtain a required land-disturbance approval, shall be subject to a civil penalty not to exceed $5,000 for each violation with a limit of $50,000 within the discretion of the court in a civil action initiated by the Board. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties that exceed a total of $50,000. The court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":258903,"text":"Any locality serving as a VESMP authority shall adopt an ordinance providing that a violation of any ordinance or provision of its program adopted pursuant to this article, or any condition of a land-disturbance approval, shall be subject to a civil penalty. Such ordinance shall provide that any person who violates any applicable provision of this article or any ordinance or order of a locality issued pursuant to this article, or any condition of a land-disturbance approval issued by the locality, or fails to obtain a required land-disturbance approval, shall be subject to a civil penalty not to exceed $5,000 for each violation with a limit of $50,000 within the discretion of the court in a civil action initiated by the locality. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties that exceed a total of $50,000. Any civil penalties assessed by a court shall be paid into the treasury of the locality wherein the land lies and used pursuant to subdivision A 2, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":258904,"text":"The violation of any provision of this article may also result in the following sanctions:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"7":{"id":258905,"text":"The Board may seek an injunction, mandamus, or other appropriate remedy pursuant to § 62.1-44.23. A locality serving as a VESMP authority may apply to the appropriate court in any jurisdiction wherein the land lies to enjoin a violation or a threatened violation of the provisions of a local ordinance or order or the conditions of a local land-disturbance approval. Any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to this article shall be subject, in the discretion of the court, to a civil penalty that shall be assessed and used in accordance with the provisions of subsection A or B, as applicable.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"8":{"id":258906,"text":"The Board or a locality serving as a VESMP authority may use the criminal provisions provided in § 62.1-44.32.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1"}},"ancestry":[{"id":13470,"edition_id":1,"name":"Virginia Erosion and Stormwater Management Act (VESMA)","identifier":"2.3","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:44:57","date_modified":"2026-06-26 03:44:57","permalink":{"id":269481,"object_type":"structure","relational_id":13470,"identifier":"2.3","token":"62.1\/3.1\/2.3","url":"\/62.1\/3.1\/2.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71282,"structure_id":13470,"section_number":"62.1-44.15:24","catch_line":"Definitions","url":"\/62.1-44.15_24\/","token":"62.1\/3.1\/2.3\/62.1-44.15_24","metadata":false},{"id":75035,"structure_id":13470,"section_number":"62.1-44.15:25","catch_line":"Further powers and duties of the State Water Control Board","url":"\/62.1-44.15_25\/","token":"62.1\/3.1\/2.3\/62.1-44.15_25","metadata":false},{"id":60262,"structure_id":13470,"section_number":"62.1-44.15:25.1","catch_line":"Additional local authority","url":"\/62.1-44.15_25.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_25.1","metadata":false},{"id":62390,"structure_id":13470,"section_number":"62.1-44.15:26","catch_line":"Repealed","url":"\/62.1-44.15_26\/","token":"62.1\/3.1\/2.3\/62.1-44.15_26","metadata":false},{"id":86687,"structure_id":13470,"section_number":"62.1-44.15:26.1","catch_line":"Termination of Construction General Permit coverage","url":"\/62.1-44.15_26.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_26.1","metadata":false},{"id":81987,"structure_id":13470,"section_number":"62.1-44.15:27","catch_line":"Virginia Programs for Erosion Control and Stormwater Management","url":"\/62.1-44.15_27\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27","metadata":false},{"id":78889,"structure_id":13470,"section_number":"62.1-44.15:27.1","catch_line":"Virginia Stormwater Management Programs administered by the Board","url":"\/62.1-44.15_27.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.1","metadata":false},{"id":75881,"structure_id":13470,"section_number":"62.1-44.15:27.2","catch_line":"Rural Tidewater localities; water quantity technical criteria; tiered approach","url":"\/62.1-44.15_27.2\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.2","metadata":false},{"id":61469,"structure_id":13470,"section_number":"62.1-44.15:27.3","catch_line":"Acceptance of signed and sealed plan in lieu of local plan review","url":"\/62.1-44.15_27.3\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.3","metadata":false},{"id":77656,"structure_id":13470,"section_number":"62.1-44.15:27.4","catch_line":"Department acceptance of plans in lieu of plan review","url":"\/62.1-44.15_27.4\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.4","metadata":false},{"id":59650,"structure_id":13470,"section_number":"62.1-44.15:28","catch_line":"Development of regulations","url":"\/62.1-44.15_28\/","token":"62.1\/3.1\/2.3\/62.1-44.15_28","metadata":false},{"id":64215,"structure_id":13470,"section_number":"62.1-44.15:28.1","catch_line":"Pollutant removal by dredging","url":"\/62.1-44.15_28.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_28.1","metadata":false},{"id":81310,"structure_id":13470,"section_number":"62.1-44.15:29","catch_line":"Virginia Stormwater Management Fund","url":"\/62.1-44.15_29\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29","metadata":false},{"id":57904,"structure_id":13470,"section_number":"62.1-44.15:29.1","catch_line":"Stormwater Local Assistance Fund","url":"\/62.1-44.15_29.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29.1","metadata":false},{"id":54435,"structure_id":13470,"section_number":"62.1-44.15:29.2","catch_line":"Stormwater Local Assistance Fund, estimate of requests","url":"\/62.1-44.15_29.2\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29.2","metadata":false},{"id":63117,"structure_id":13470,"section_number":"62.1-44.15:30","catch_line":"Training and certification","url":"\/62.1-44.15_30\/","token":"62.1\/3.1\/2.3\/62.1-44.15_30","metadata":false},{"id":84021,"structure_id":13470,"section_number":"62.1-44.15:31","catch_line":"Standards and specifications for state agencies, federal entities, and other specified entities","url":"\/62.1-44.15_31\/","token":"62.1\/3.1\/2.3\/62.1-44.15_31","metadata":false},{"id":64929,"structure_id":13470,"section_number":"62.1-44.15:32","catch_line":"Repealed","url":"\/62.1-44.15_32\/","token":"62.1\/3.1\/2.3\/62.1-44.15_32","metadata":false},{"id":76099,"structure_id":13470,"section_number":"62.1-44.15:33","catch_line":"Authorization for more stringent ordinances","url":"\/62.1-44.15_33\/","token":"62.1\/3.1\/2.3\/62.1-44.15_33","metadata":false},{"id":87045,"structure_id":13470,"section_number":"62.1-44.15:34","catch_line":"Regulated activities; submission and approval of a permit application; security for performance; exemptions","url":"\/62.1-44.15_34\/","token":"62.1\/3.1\/2.3\/62.1-44.15_34","metadata":false},{"id":67780,"structure_id":13470,"section_number":"62.1-44.15:35","catch_line":"Nutrient credit use and additional offsite options for construction activities","url":"\/62.1-44.15_35\/","token":"62.1\/3.1\/2.3\/62.1-44.15_35","metadata":false},{"id":59039,"structure_id":13470,"section_number":"62.1-44.15:36","catch_line":"Repealed","url":"\/62.1-44.15_36\/","token":"62.1\/3.1\/2.3\/62.1-44.15_36","metadata":false},{"id":75769,"structure_id":13470,"section_number":"62.1-44.15:37","catch_line":"Notices to comply and stop work orders","url":"\/62.1-44.15_37\/","token":"62.1\/3.1\/2.3\/62.1-44.15_37","metadata":false},{"id":61921,"structure_id":13470,"section_number":"62.1-44.15:37.1","catch_line":"Inspections; land-disturbing activities of natural gas pipelines; stop work instructions","url":"\/62.1-44.15_37.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_37.1","metadata":false},{"id":73042,"structure_id":13470,"section_number":"62.1-44.15:38","catch_line":"Repealed","url":"\/62.1-44.15_38\/","token":"62.1\/3.1\/2.3\/62.1-44.15_38","metadata":false},{"id":73631,"structure_id":13470,"section_number":"62.1-44.15:39","catch_line":"Right of entry","url":"\/62.1-44.15_39\/","token":"62.1\/3.1\/2.3\/62.1-44.15_39","metadata":false},{"id":81100,"structure_id":13470,"section_number":"62.1-44.15:40","catch_line":"Information to be furnished","url":"\/62.1-44.15_40\/","token":"62.1\/3.1\/2.3\/62.1-44.15_40","metadata":false},{"id":73244,"structure_id":13470,"section_number":"62.1-44.15:41","catch_line":"Liability of common interest communities","url":"\/62.1-44.15_41\/","token":"62.1\/3.1\/2.3\/62.1-44.15_41","metadata":false},{"id":67967,"structure_id":13470,"section_number":"62.1-44.15:42","catch_line":"Repealed","url":"\/62.1-44.15_42\/","token":"62.1\/3.1\/2.3\/62.1-44.15_42","metadata":false},{"id":86790,"structure_id":13470,"section_number":"62.1-44.15:46","catch_line":"Appeals","url":"\/62.1-44.15_46\/","token":"62.1\/3.1\/2.3\/62.1-44.15_46","metadata":false},{"id":63762,"structure_id":13470,"section_number":"62.1-44.15:47","catch_line":"Repealed","url":"\/62.1-44.15_47\/","token":"62.1\/3.1\/2.3\/62.1-44.15_47","metadata":false},{"id":71859,"structure_id":13470,"section_number":"62.1-44.15:48","catch_line":"Penalties, injunctions, and other legal actions","url":"\/62.1-44.15_48\/","token":"62.1\/3.1\/2.3\/62.1-44.15_48","metadata":false},{"id":82760,"structure_id":13470,"section_number":"62.1-44.15:49","catch_line":"Enforcement authority of MS4 localities","url":"\/62.1-44.15_49\/","token":"62.1\/3.1\/2.3\/62.1-44.15_49","metadata":false},{"id":73375,"structure_id":13470,"section_number":"62.1-44.15:49.1","catch_line":"MS4 industrial and high-risk programs","url":"\/62.1-44.15_49.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_49.1","metadata":false},{"id":62285,"structure_id":13470,"section_number":"62.1-44.15:50","catch_line":"Cooperation with federal and state agencies","url":"\/62.1-44.15_50\/","token":"62.1\/3.1\/2.3\/62.1-44.15_50","metadata":false}],"previous_section":{"id":63762,"structure_id":13470,"section_number":"62.1-44.15:47","catch_line":"Repealed","url":"\/62.1-44.15_47\/","token":"62.1\/3.1\/2.3\/62.1-44.15_47","metadata":false},"next_section":{"id":82760,"structure_id":13470,"section_number":"62.1-44.15:49","catch_line":"Enforcement authority of MS4 localities","url":"\/62.1-44.15_49\/","token":"62.1\/3.1\/2.3\/62.1-44.15_49","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:48\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapters 467 and 499 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 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 2004, chapter 372<\/a>; in 2006, chapter 171<\/a>; in 2012, chapters 785<\/a> and 819<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2016, chapters 68<\/a> and 758<\/a>.<\/p>","references":[{"id":75035,"section_number":"62.1-44.15:25","catch_line":"Further powers and duties of the State Water Control Board","order_by":null,"url":"\/62.1-44.15_25\/"},{"id":60262,"section_number":"62.1-44.15:25.1","catch_line":"Additional local authority","order_by":null,"url":"\/62.1-44.15_25.1\/"},{"id":57904,"section_number":"62.1-44.15:29.1","catch_line":"Stormwater Local Assistance Fund","order_by":null,"url":"\/62.1-44.15_29.1\/"},{"id":75769,"section_number":"62.1-44.15:37","catch_line":"Notices to comply and stop work orders","order_by":null,"url":"\/62.1-44.15_37\/"},{"id":82760,"section_number":"62.1-44.15:49","catch_line":"Enforcement authority of MS4 localities","order_by":null,"url":"\/62.1-44.15_49\/"}],"refers_to":[{"id":72347,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","order_by":null,"url":"\/62.1-44.15_67\/"},{"id":77684,"section_number":"62.1-44.23","catch_line":"Enforcement by injunction, etc","order_by":null,"url":"\/62.1-44.23\/"},{"id":69253,"section_number":"62.1-44.32","catch_line":"Penalties","order_by":null,"url":"\/62.1-44.32\/"}],"permalink":{"id":269607,"object_type":"law","relational_id":71859,"identifier":"62.1-44.15:48","token":"62.1\/3.1\/2.3\/62.1-44.15_48","url":"\/62.1-44.15_48\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_48\/","token":"62.1\/3.1\/2.3\/62.1-44.15_48","dublin_core":{"Title":"Penalties, injunctions, and other legal actions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:48","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For a land-disturbing activity<\/span> that disturbs 2,500 square feet or more of land in an area of a locality that is designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (\u00a7 62.1-44.15:67<\/a> et seq.), or that disturbs one acre or more of land or is part of a larger common plan<\/span> of development or sale that disturbs one acre or more of land anywhere else in the Commonwealth: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any person<\/span> who violates any applicable provision of this article or of any regulation<\/span>, permit<\/span>, or standard and specification adopted or approved by the Board<\/span> hereunder, or who fails, neglects, or refuses to comply with any order<\/span> of the Board<\/span>, or a court<\/span>, issued as herein provided, shall be subject to a civil penalty<\/span> pursuant to § 62.1-44.32<\/a>. The court<\/span> shall direct that any penalty<\/span> be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person<\/span> who violates any applicable provision of this article, or any ordinance<\/span> adopted pursuant to this article, including those adopted pursuant to the conditions of an MS4 permit<\/span>, or any condition of a local land-disturbance approval<\/span>, or who fails, neglects, or refuses to comply with any order<\/span> of a locality serving as a VESMP authority<\/span> or a court<\/span>, issued as herein provided, shall be subject to a civil penalty<\/span> not to exceed $32,500 for each violation within the discretion of the court<\/span>. Each day of violation of each requirement shall constitute a separate offense<\/span>. Such civil penalties shall be paid into the treasury of the locality in which the violation occurred and are to be used solely for stormwater management capital projects, including (i) new stormwater best management practices; (ii) stormwater best management practice maintenance, inspection, or retrofitting; (iii) stream restoration; (iv) low-impact development projects; (v) buffer restoration; (vi) pond retrofitting; and (vii) wetlands<\/span> restoration.\n\t\t\t\tWhere the violator is the locality itself, or its agent, the court<\/span> shall direct the penalty<\/span> to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For a land-disturbing activity<\/span> that disturbs an area measuring not less than 10,000 square feet but less than one acre in an area that is not designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (\u00a7 62.1-44.15:67<\/a> et seq.) and is not part of a larger common plan<\/span> of development or sale that disturbs one acre or more of land: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any person<\/span> who violates any applicable provision of this article or of any regulation<\/span> or order<\/span> of the Board<\/span> issued pursuant to this article, or any condition of a land-disturbance approval<\/span> issued by the Board<\/span>, or fails to obtain a required land-disturbance approval<\/span>, shall be subject to a civil penalty<\/span> not to exceed $5,000 for each violation with a limit of $50,000 within the discretion of the court<\/span> in a civil action<\/span> initiated by the Board<\/span>. Each day during which the violation is found to have existed shall constitute a separate offense<\/span>. In no event shall a series of specified violations arising from the same operative set of facts<\/span> result in civil penalties that exceed a total of $50,000. The court<\/span> shall direct the penalty<\/span> to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any locality serving as a VESMP authority<\/span> shall adopt an ordinance<\/span> providing that a violation of any ordinance<\/span> or provision of its program adopted pursuant to this article, or any condition of a land-disturbance approval<\/span>, shall be subject to a civil penalty<\/span>. Such ordinance<\/span> shall provide that any person<\/span> who violates any applicable provision of this article or any ordinance<\/span> or order<\/span> of a locality issued pursuant to this article, or any condition of a land-disturbance approval<\/span> issued by the locality, or fails to obtain a required land-disturbance approval<\/span>, shall be subject to a civil penalty<\/span> not to exceed $5,000 for each violation with a limit of $50,000 within the discretion of the court<\/span> in a civil action<\/span> initiated by the locality. Each day during which the violation is found to have existed shall constitute a separate offense<\/span>. In no event shall a series of specified violations arising from the same operative set of facts<\/span> result in civil penalties that exceed a total of $50,000. Any civil penalties assessed by a court<\/span> shall be paid into the treasury of the locality wherein the land lies and used pursuant to subdivision<\/span> A 2, except that where the violator is the locality itself, or its agent, the court<\/span> shall direct the penalty<\/span> to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The violation of any provision of this article may also result in the following sanctions<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Board<\/span> may seek an injunction<\/span>, mandamus, or other appropriate remedy pursuant to § 62.1-44.23<\/a>. A locality serving as a VESMP authority<\/span> may apply to the appropriate court<\/span> in any jurisdiction<\/span> wherein the land lies to enjoin a violation or a threatened violation of the provisions of a local ordinance<\/span> or order<\/span> or the conditions of a local land-disturbance approval<\/span>. Any person<\/span> violating or failing, neglecting, or refusing to obey any injunction<\/span>, mandamus, or other remedy obtained pursuant to this article shall be subject, in the discretion of the court<\/span>, to a civil penalty<\/span> that shall be assessed and used in accordance with the provisions of subsection A or B, as applicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Board<\/span> or a locality serving as a VESMP authority<\/span> may use the criminal provisions provided in § 62.1-44.32<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS (\u00a7 62.1-44.15:48)\n\nA. For a land-disturbing activity that disturbs 2,500 square feet or more of\nland in an area of a locality that is designated as a Chesapeake Bay\nPreservation Area pursuant to the Chesapeake Bay Preservation Act (\u00a7\n62.1-44.15:67 et seq.), or that disturbs one acre or more of land or is part of\na larger common plan of development or sale that disturbs one acre or more of\nland anywhere else in the Commonwealth:\n\n 1. Any person who violates any applicable provision of this article or of any\n regulation, permit, or standard and specification adopted or approved by the\n Board hereunder, or who fails, neglects, or refuses to comply with any order\n of the Board, or a court, issued as herein provided, shall be subject to a\n civil penalty pursuant to § 62.1-44.32. The court shall direct that any\n penalty be paid into the state treasury and deposited by the State Treasurer\n into the Stormwater Local Assistance Fund established pursuant to §\n 62.1-44.15:29.1.\n\n 2. Any person who violates any applicable provision of this article, or any\n ordinance adopted pursuant to this article, including those adopted pursuant\n to the conditions of an MS4 permit, or any condition of a local\n land-disturbance approval, or who fails, neglects, or refuses to comply with\n any order of a locality serving as a VESMP authority or a court, issued as\n herein provided, shall be subject to a civil penalty not to exceed $32,500 for\n each violation within the discretion of the court. Each day of violation of\n each requirement shall constitute a separate offense. Such civil penalties\n shall be paid into the treasury of the locality in which the violation\n occurred and are to be used solely for stormwater management capital projects,\n including (i) new stormwater best management practices; (ii) stormwater best\n management practice maintenance, inspection, or retrofitting; (iii) stream\n restoration; (iv) low-impact development projects; (v) buffer restoration;\n (vi) pond retrofitting; and (vii) wetlands restoration.\n \t\t\t\tWhere the violator is the locality itself, or its agent, the court shall\n direct the penalty to be paid into the state treasury and deposited by the\n State Treasurer into the Stormwater Local Assistance Fund established pursuant\n to § 62.1-44.15:29.1.\n\nB. For a land-disturbing activity that disturbs an area measuring not less than\n10,000 square feet but less than one acre in an area that is not designated as a\nChesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act\n(\u00a7 62.1-44.15:67 et seq.) and is not part of a larger common plan of\ndevelopment or sale that disturbs one acre or more of land:\n\n 1. Any person who violates any applicable provision of this article or of any\n regulation or order of the Board issued pursuant to this article, or any\n condition of a land-disturbance approval issued by the Board, or fails to\n obtain a required land-disturbance approval, shall be subject to a civil\n penalty not to exceed $5,000 for each violation with a limit of $50,000 within\n the discretion of the court in a civil action initiated by the Board. Each day\n during which the violation is found to have existed shall constitute a\n separate offense. In no event shall a series of specified violations arising\n from the same operative set of facts result in civil penalties that exceed a\n total of $50,000. The court shall direct the penalty to be paid into the state\n treasury and deposited by the State Treasurer into the Stormwater Local\n Assistance Fund established pursuant to § 62.1-44.15:29.1.\n\n 2. Any locality serving as a VESMP authority shall adopt an ordinance\n providing that a violation of any ordinance or provision of its program\n adopted pursuant to this article, or any condition of a land-disturbance\n approval, shall be subject to a civil penalty. Such ordinance shall provide\n that any person who violates any applicable provision of this article or any\n ordinance or order of a locality issued pursuant to this article, or any\n condition of a land-disturbance approval issued by the locality, or fails to\n obtain a required land-disturbance approval, shall be subject to a civil\n penalty not to exceed $5,000 for each violation with a limit of $50,000 within\n the discretion of the court in a civil action initiated by the locality. Each\n day during which the violation is found to have existed shall constitute a\n separate offense. In no event shall a series of specified violations arising\n from the same operative set of facts result in civil penalties that exceed a\n total of $50,000. Any civil penalties assessed by a court shall be paid into\n the treasury of the locality wherein the land lies and used pursuant to\n subdivision A 2, except that where the violator is the locality itself, or its\n agent, the court shall direct the penalty to be paid into the state treasury\n and deposited by the State Treasurer into the Stormwater Local Assistance Fund\n established pursuant to § 62.1-44.15:29.1.\n\nC. The violation of any provision of this article may also result in the\nfollowing sanctions:\n\n 1. The Board may seek an injunction, mandamus, or other appropriate remedy\n pursuant to § 62.1-44.23. A locality serving as a VESMP authority may\n apply to the appropriate court in any jurisdiction wherein the land lies to\n enjoin a violation or a threatened violation of the provisions of a local\n ordinance or order or the conditions of a local land-disturbance approval. Any\n person violating or failing, neglecting, or refusing to obey any injunction,\n mandamus, or other remedy obtained pursuant to this article shall be subject,\n in the discretion of the court, to a civil penalty that shall be assessed and\n used in accordance with the provisions of subsection A or B, as applicable.\n\n 2. The Board or a locality serving as a VESMP authority may use the criminal\n provisions provided in § 62.1-44.32.\n\nHISTORY: 1989, cc. 467, 499, \u00a7 10.1-603.14; 2004, c. 372; 2006, c. 171; 2012,\ncc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758.","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}}