{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_54.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_54.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_54.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_54.html"}],"law_id":59360,"edition_id":1,"section_id":59360,"structure_id":15073,"section_number":"62.1-44.15:54","catch_line":"Virginia Erosion and Sediment Control Program","history":"1973, c. 486, \u00a7 21-89.5; 1976, c. 653; 1978, c. 450; 1980, c. 35; 1983, c. 189; 1988, cc. 732, 891, \u00a7 10.1-562; 1992, c. 298; 1993, c. 925; 2005, c. 129; 2007, cc. 51, 204; 2010, c. 275; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758.","full_text":"A\n\nAny locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program (VESMP) pursuant to subdivision B 3 of § 62.1-44.15:27 shall administer a VESCP in accordance with this article; however, a town may enter into an agreement with a county to administer the town’s VESCP pursuant to subsection C of § 62.1-44.15:27.B\n\nA VESCP authority may enter into agreements or contracts with soil and water conservation districts, adjacent localities, or other public or private entities to assist with carrying out the provisions of this article, including the review and determination of adequacy of erosion and sediment control plans submitted for land-disturbing activities on a unit or units of land as well as for monitoring, reports, inspections, and enforcement of such land-disturbing activities.C\n\nAny VESCP adopted by a county, city, or town shall be approved by the Board if it establishes by ordinance requirements that are consistent with this article and associated regulations.D\n\nEach approved VESCP operated by a county, city, or town shall include provisions for the coordination of the VESCP with flood insurance, flood plain management, and other programs requiring compliance prior to authorizing a land-disturbing activity in order to make the submission and approval of plans, payment of fees, and coordination of inspection and enforcement activities more convenient and efficient both for the local governments and those responsible for compliance with the programs.E\n\nThe Board shall conduct compliance reviews of VESCPs in accordance with subdivision (19) of § 62.1-44.15. The Board or Department also may require any locality that is a VESCP authority to furnish when requested any information as may be required to accomplish the purposes of this article.F\n\nAny VESCP authority that administers an erosion and sediment control program may charge applicants a reasonable fee to defray the cost of program administration. A VESCP authority shall hold a public hearing prior to establishing a schedule of fees. The fee shall not exceed an amount commensurate with the services rendered, taking into consideration the time, skill, and the VESCP authority’s expense involved.G\n\nAny locality that is authorized to administer a VESCP may adopt an ordinance or regulation where applicable providing that violations of any regulation or order of the Board, any provision of its program, any condition of a land-disturbance approval, or any provision of this article shall be subject to a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000. 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 $10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties that exceed a total of $10,000. The penalties set out in this subsection are also available to the Board in its enforcement actions.","order_by":null,"text":{"0":{"id":217548,"text":"Any locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program (VESMP) pursuant to subdivision B 3 of § 62.1-44.15:27 shall administer a VESCP in accordance with this article; however, a town may enter into an agreement with a county to administer the town’s VESCP pursuant to subsection C of § 62.1-44.15:27.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217549,"text":"A VESCP authority may enter into agreements or contracts with soil and water conservation districts, adjacent localities, or other public or private entities to assist with carrying out the provisions of this article, including the review and determination of adequacy of erosion and sediment control plans submitted for land-disturbing activities on a unit or units of land as well as for monitoring, reports, inspections, and enforcement of such land-disturbing activities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217550,"text":"Any VESCP adopted by a county, city, or town shall be approved by the Board if it establishes by ordinance requirements that are consistent with this article and associated regulations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":217551,"text":"Each approved VESCP operated by a county, city, or town shall include provisions for the coordination of the VESCP with flood insurance, flood plain management, and other programs requiring compliance prior to authorizing a land-disturbing activity in order to make the submission and approval of plans, payment of fees, and coordination of inspection and enforcement activities more convenient and efficient both for the local governments and those responsible for compliance with the programs.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":217552,"text":"The Board shall conduct compliance reviews of VESCPs in accordance with subdivision (19) of § 62.1-44.15. The Board or Department also may require any locality that is a VESCP authority to furnish when requested any information as may be required to accomplish the purposes of this article.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":217553,"text":"Any VESCP authority that administers an erosion and sediment control program may charge applicants a reasonable fee to defray the cost of program administration. A VESCP authority shall hold a public hearing prior to establishing a schedule of fees. The fee shall not exceed an amount commensurate with the services rendered, taking into consideration the time, skill, and the VESCP authority’s expense involved.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":217554,"text":"Any locality that is authorized to administer a VESCP may adopt an ordinance or regulation where applicable providing that violations of any regulation or order of the Board, any provision of its program, any condition of a land-disturbance approval, or any provision of this article shall be subject to a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000. 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 $10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties that exceed a total of $10,000. The penalties set out in this subsection are also available to the Board in its enforcement actions.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15073,"edition_id":1,"name":"Erosion and Sediment Control Law for Localities Not Administering a Virginia Erosion and Stormwater Management Program","identifier":"2.4","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:52:00","date_modified":"2026-06-26 03:52:00","permalink":{"id":269623,"object_type":"structure","relational_id":15073,"identifier":"2.4","token":"62.1\/3.1\/2.4","url":"\/62.1\/3.1\/2.4\/","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":59976,"structure_id":15073,"section_number":"62.1-44.15:51","catch_line":"Definitions","url":"\/62.1-44.15_51\/","token":"62.1\/3.1\/2.4\/62.1-44.15_51","metadata":false},{"id":77325,"structure_id":15073,"section_number":"62.1-44.15:51.1","catch_line":"Applicability","url":"\/62.1-44.15_51.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_51.1","metadata":false},{"id":57827,"structure_id":15073,"section_number":"62.1-44.15:52","catch_line":"Virginia Erosion and Sediment Control Program","url":"\/62.1-44.15_52\/","token":"62.1\/3.1\/2.4\/62.1-44.15_52","metadata":false},{"id":58461,"structure_id":15073,"section_number":"62.1-44.15:53","catch_line":"Certification of program personnel","url":"\/62.1-44.15_53\/","token":"62.1\/3.1\/2.4\/62.1-44.15_53","metadata":false},{"id":59360,"structure_id":15073,"section_number":"62.1-44.15:54","catch_line":"Virginia Erosion and Sediment Control Program","url":"\/62.1-44.15_54\/","token":"62.1\/3.1\/2.4\/62.1-44.15_54","metadata":false},{"id":73356,"structure_id":15073,"section_number":"62.1-44.15:55","catch_line":"Regulated land-disturbing activities; submission and approval of erosion and sediment control plan","url":"\/62.1-44.15_55\/","token":"62.1\/3.1\/2.4\/62.1-44.15_55","metadata":false},{"id":71858,"structure_id":15073,"section_number":"62.1-44.15:55.1","catch_line":"Department review of erosion and sediment control plans for solar projects","url":"\/62.1-44.15_55.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_55.1","metadata":false},{"id":63528,"structure_id":15073,"section_number":"62.1-44.15:56","catch_line":"Repealed","url":"\/62.1-44.15_56\/","token":"62.1\/3.1\/2.4\/62.1-44.15_56","metadata":false},{"id":60412,"structure_id":15073,"section_number":"62.1-44.15:56.1","catch_line":"Department acceptance of plans in lieu of plan review","url":"\/62.1-44.15_56.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_56.1","metadata":false},{"id":78583,"structure_id":15073,"section_number":"62.1-44.15:57","catch_line":"Approved plan required for issuance of grading, building, or other permits; security for performance","url":"\/62.1-44.15_57\/","token":"62.1\/3.1\/2.4\/62.1-44.15_57","metadata":false},{"id":58785,"structure_id":15073,"section_number":"62.1-44.15:58","catch_line":"Monitoring, reports, and inspections","url":"\/62.1-44.15_58\/","token":"62.1\/3.1\/2.4\/62.1-44.15_58","metadata":false},{"id":68747,"structure_id":15073,"section_number":"62.1-44.15:58.1","catch_line":"Inspections; land-disturbing activities of natural gas pipelines; stop work instructions","url":"\/62.1-44.15_58.1\/","token":"62.1\/3.1\/2.4\/62.1-44.15_58.1","metadata":false},{"id":68955,"structure_id":15073,"section_number":"62.1-44.15:59","catch_line":"Reporting","url":"\/62.1-44.15_59\/","token":"62.1\/3.1\/2.4\/62.1-44.15_59","metadata":false},{"id":66328,"structure_id":15073,"section_number":"62.1-44.15:60","catch_line":"Right of entry","url":"\/62.1-44.15_60\/","token":"62.1\/3.1\/2.4\/62.1-44.15_60","metadata":false},{"id":86487,"structure_id":15073,"section_number":"62.1-44.15:61","catch_line":"Repealed","url":"\/62.1-44.15_61\/","token":"62.1\/3.1\/2.4\/62.1-44.15_61","metadata":false},{"id":63162,"structure_id":15073,"section_number":"62.1-44.15:62","catch_line":"Judicial appeals","url":"\/62.1-44.15_62\/","token":"62.1\/3.1\/2.4\/62.1-44.15_62","metadata":false},{"id":70738,"structure_id":15073,"section_number":"62.1-44.15:63","catch_line":"Penalties, injunctions and other legal actions","url":"\/62.1-44.15_63\/","token":"62.1\/3.1\/2.4\/62.1-44.15_63","metadata":false},{"id":57476,"structure_id":15073,"section_number":"62.1-44.15:64","catch_line":"Stop work orders by Board; civil penalties","url":"\/62.1-44.15_64\/","token":"62.1\/3.1\/2.4\/62.1-44.15_64","metadata":false},{"id":67572,"structure_id":15073,"section_number":"62.1-44.15:65","catch_line":"Authorization for more stringent ordinances","url":"\/62.1-44.15_65\/","token":"62.1\/3.1\/2.4\/62.1-44.15_65","metadata":false},{"id":73284,"structure_id":15073,"section_number":"62.1-44.15:66","catch_line":"No limitation on authority of Department of Energy","url":"\/62.1-44.15_66\/","token":"62.1\/3.1\/2.4\/62.1-44.15_66","metadata":false}],"previous_section":{"id":58461,"structure_id":15073,"section_number":"62.1-44.15:53","catch_line":"Certification of program personnel","url":"\/62.1-44.15_53\/","token":"62.1\/3.1\/2.4\/62.1-44.15_53","metadata":false},"next_section":{"id":73356,"structure_id":15073,"section_number":"62.1-44.15:55","catch_line":"Regulated land-disturbing activities; submission and approval of erosion and sediment control plan","url":"\/62.1-44.15_55\/","token":"62.1\/3.1\/2.4\/62.1-44.15_55","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:54\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 486 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 13 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 1976, chapter 653; in 1978, chapter 450; in 1980, chapter 35; in 1983, chapter 189; in 1988, chapters 732 and 891; in 1992, chapter 298; in 1993, chapter 925; in 2005, chapter 129<\/a>; in 2007, chapters 51<\/a> and 204<\/a>; in 2010, chapter 275<\/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":57827,"section_number":"62.1-44.15:52","catch_line":"Virginia Erosion and Sediment Control Program","order_by":null,"url":"\/62.1-44.15_52\/"},{"id":70738,"section_number":"62.1-44.15:63","catch_line":"Penalties, injunctions and other legal actions","order_by":null,"url":"\/62.1-44.15_63\/"}],"refers_to":[{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":81987,"section_number":"62.1-44.15:27","catch_line":"Virginia Programs for Erosion Control and Stormwater Management","order_by":null,"url":"\/62.1-44.15_27\/"}],"permalink":{"id":269641,"object_type":"law","relational_id":59360,"identifier":"62.1-44.15:54","token":"62.1\/3.1\/2.4\/62.1-44.15_54","url":"\/62.1-44.15_54\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_54\/","token":"62.1\/3.1\/2.4\/62.1-44.15_54","dublin_core":{"Title":"Virginia Erosion and Sediment Control Program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:54","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program (VESMP) pursuant to subdivision B 3 of § 62.1-44.15:27<\/a> shall administer a VESCP<\/span> in accordance with this article; however, a town<\/span> may enter into an agreement with a county to administer the town<\/span>’s VESCP<\/span> pursuant to subsection C of § 62.1-44.15:27<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A VESCP authority<\/span> may enter into agreements or contracts<\/span> with soil and water conservation districts<\/span>, adjacent localities, or other public or private entities to assist with carrying out the provisions of this article, including the review and determination of adequacy of erosion and sediment control plans<\/span> submitted for land-disturbing activities on a unit or units of land as well as for monitoring, reports, inspections, and enforcement of such land-disturbing activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any VESCP adopted by a county, city, or town<\/span> shall be approved by the Board<\/span> if it establishes by ordinance<\/span> requirements that are consistent with this article and associated regulations<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each approved VESCP operated by a county, city, or town<\/span> shall include provisions for the coordination of the VESCP with flood insurance, flood plain management, and other programs requiring compliance prior to authorizing a land-disturbing activity<\/span> in order<\/span> to make the submission and approval of plans, payment of fees, and coordination of inspection and enforcement activities more convenient and efficient both for the local governments and those responsible for compliance with the programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> shall conduct compliance reviews of VESCPs<\/span> in accordance with subdivision (19) of § 62.1-44.15<\/a>. The Board<\/span> or Department<\/span> also may require any locality that is a VESCP authority<\/span> to furnish when requested any information as may be required to accomplish the purposes of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any VESCP authority<\/span> that administers an erosion and sediment control program may charge applicants<\/span> a reasonable fee to defray the cost of program administration. A VESCP authority<\/span> shall hold a public hearing<\/span> prior to establishing a schedule of fees. The fee shall not exceed an amount commensurate with the services rendered, taking into consideration the time, skill, and the VESCP authority<\/span>’s expense involved. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any locality that is authorized to administer a VESCP may adopt an ordinance<\/span> or regulation<\/span> where applicable providing that violations of any regulation<\/span> or order<\/span> of the Board<\/span>, any provision of its program, any condition of a land-disturbance approval<\/span>, or any provision of this article shall be subject to a civil penalty<\/span>. The civil penalty<\/span> for any one violation shall be not less than $100 nor more than $1,000. 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 $10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan<\/span> for any site shall not result in civil penalties that exceed a total of $10,000. The penalties set out in this subsection are also available to the Board<\/span> in its enforcement actions. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM (\u00a7 62.1-44.15:54)\n\nA. Any locality that has chosen not to establish a Virginia Erosion and\nStormwater Management Program (VESMP) pursuant to subdivision B 3 of §\n62.1-44.15:27 shall administer a VESCP in accordance with this article; however,\na town may enter into an agreement with a county to administer the town’s\nVESCP pursuant to subsection C of § 62.1-44.15:27.\n\nB. A VESCP authority may enter into agreements or contracts with soil and water\nconservation districts, adjacent localities, or other public or private entities\nto assist with carrying out the provisions of this article, including the review\nand determination of adequacy of erosion and sediment control plans submitted\nfor land-disturbing activities on a unit or units of land as well as for\nmonitoring, reports, inspections, and enforcement of such land-disturbing\nactivities.\n\nC. Any VESCP adopted by a county, city, or town shall be approved by the Board\nif it establishes by ordinance requirements that are consistent with this\narticle and associated regulations.\n\nD. Each approved VESCP operated by a county, city, or town shall include\nprovisions for the coordination of the VESCP with flood insurance, flood plain\nmanagement, and other programs requiring compliance prior to authorizing a\nland-disturbing activity in order to make the submission and approval of plans,\npayment of fees, and coordination of inspection and enforcement activities more\nconvenient and efficient both for the local governments and those responsible\nfor compliance with the programs.\n\nE. The Board shall conduct compliance reviews of VESCPs in accordance with\nsubdivision (19) of § 62.1-44.15. The Board or Department also may require\nany locality that is a VESCP authority to furnish when requested any information\nas may be required to accomplish the purposes of this article.\n\nF. Any VESCP authority that administers an erosion and sediment control program\nmay charge applicants a reasonable fee to defray the cost of program\nadministration. A VESCP authority shall hold a public hearing prior to\nestablishing a schedule of fees. The fee shall not exceed an amount commensurate\nwith the services rendered, taking into consideration the time, skill, and the\nVESCP authority’s expense involved.\n\nG. Any locality that is authorized to administer a VESCP may adopt an ordinance\nor regulation where applicable providing that violations of any regulation or\norder of the Board, any provision of its program, any condition of a\nland-disturbance approval, or any provision of this article shall be subject to\na civil penalty. The civil penalty for any one violation shall be not less than\n$100 nor more than $1,000. Each day during which the violation is found to have\nexisted shall constitute a separate offense. In no event shall a series of\nspecified violations arising from the same operative set of facts result in\ncivil penalties that exceed a total of $10,000, except that a series of\nviolations arising from the commencement of land-disturbing activities without\nan approved plan for any site shall not result in civil penalties that exceed a\ntotal of $10,000. The penalties set out in this subsection are also available to\nthe Board in its enforcement actions.\n\nHISTORY: 1973, c. 486, \u00a7 21-89.5; 1976, c. 653; 1978, c. 450; 1980, c. 35;\n1983, c. 189; 1988, cc. 732, 891, \u00a7 10.1-562; 1992, c. 298; 1993, c. 925; 2005,\nc. 129; 2007, cc. 51, 204; 2010, c. 275; 2012, cc. 785, 819; 2013, cc. 756, 793;\n2016, 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}}