{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_58.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_58.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_58.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_58.html"}],"law_id":58785,"edition_id":1,"section_id":58785,"structure_id":15073,"section_number":"62.1-44.15:58","catch_line":"Monitoring, reports, and inspections","history":"1973, c. 486, \u00a7 21-89.8; 1986, c. 328; 1988, cc. 694, 891, \u00a7 10.1-566; 1992, c. 298; 1993, c. 925; 2001, c. 490; 2003, c. 827; 2012, cc. 249, 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758; 2023, cc. 48, 49.","full_text":"A\n\nThe VESCP authority (i) shall provide for periodic inspections of the land-disturbing activity and require that an individual holding a certificate, as provided by § 62.1-44.15:52, will be in charge of and responsible for carrying out the land-disturbing activity and (ii) may require monitoring and reports from the person responsible for carrying out the erosion and sediment control plan, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment. However, any VESCP authority may waive the certificate requirement for an agreement in lieu of a plan. The owner shall be given notice of the inspection. When the VESCP authority or the Board determines that there is a failure to comply with the conditions of land-disturbance approval or to obtain an approved plan or a land-disturbance approval prior to commencing land-disturbing activity, the VESCP authority or the Board may serve a notice to comply upon the owner or person responsible for carrying out the land-disturbing activity. Such notice to comply shall be served by delivery by facsimile, e-mail, or other technology; by mailing with confirmation of delivery to the address specified in the plan or land-disturbance application, if available, or in the land records of the locality; or by delivery at the site to a person previously identified to the VESCP authority by the owner. The notice to comply shall specify the measures needed to comply with the land-disturbance approval conditions or shall identify the plan approval or land-disturbance approval needed to comply with this article and shall specify a reasonable time within which such measures shall be completed. In any instance in which a required land-disturbance approval has not been obtained, the VESCP authority or the Board may require immediate compliance. In any other case, the VESCP authority or the Board may establish the time for compliance by taking into account the risk of damage to natural resources and other relevant factors. Notwithstanding any other provision in this subsection, a VESCP authority or the Board may count any days of noncompliance as days of violation should the VESCP authority or the Board take an enforcement action. The issuance of a notice to comply by the Board shall not be considered a case decision as defined in § 2.2-4001. Upon failure to comply within the time specified, any plan approval or land-disturbance approval may be revoked and the VESCP authority or the Board may pursue enforcement as provided by § 62.1-44.15:63.B\n\nNotwithstanding the provisions of subsection A, a VESCP authority is authorized to enter into agreements or contracts with districts, adjacent localities, or other public or private entities to assist with the responsibilities of this article, including but not limited to the review and determination of adequacy of erosion and sediment control plans submitted for land-disturbing activities as well as monitoring, reports, inspections, and enforcement.C\n\nUpon issuance of an inspection report denoting a violation of this section or § 62.1-44.15:55, in conjunction with or subsequent to a notice to comply as specified in subsection A, a VESCP authority or the Board may issue a stop work order requiring that all or part of the land-disturbing activities on the site be stopped until the specified corrective measures have been taken or, if land-disturbing activities have commenced without an approved plan as provided in § 62.1-44.15:55, requiring that all of the land-disturbing activities be stopped until an approved plan is obtained. When such an order is issued by the Board, it shall be issued in accordance with the procedures of the Administrative Process Act (§ 2.2-4000 et seq.). Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced without an approved erosion and sediment control plan, such a stop work order may be issued whether or not the alleged violator has been issued a notice to comply as specified in subsection A. Otherwise, such an order may be issued only after the alleged violator has failed to comply with a notice to comply. The order for noncompliance with a plan shall be served in the same manner as a notice to comply, and shall remain in effect for seven days from the date of service pending application by the VESCP authority, the Board, or alleged violator for appropriate relief to the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court. The stop work order for disturbance without an approved plan shall be served upon the owner by mailing with confirmation of delivery to the address specified in the land records of the locality, shall be posted on the site where the disturbance is occurring, and shall remain in effect until such time as plan approvals are secured, except in such situations where an agricultural exemption applies. If the alleged violator has not obtained an approved erosion and sediment control plan within seven days from the date of service of the stop work order, the Board or the chief administrative officer or his designee on behalf of the VESCP authority may issue a subsequent order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved erosion and sediment control plan has been obtained. The subsequent order shall be served upon the owner by mailing with confirmation of delivery to the address specified in the plan or the land records of the locality in which the site is located. The owner may appeal the issuance of any order to the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court. Any person violating or failing, neglecting, or refusing to obey an order issued by the Board or the chief administrative officer or his designee on behalf of the VESCP authority may be compelled in a proceeding instituted in the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan, the order shall immediately be lifted. Nothing in this section shall prevent the Board or the chief administrative officer or his designee on behalf of the VESCP authority from taking any other action specified in § 62.1-44.15:63.","order_by":null,"text":{"0":{"id":215408,"text":"The VESCP authority (i) shall provide for periodic inspections of the land-disturbing activity and require that an individual holding a certificate, as provided by § 62.1-44.15:52, will be in charge of and responsible for carrying out the land-disturbing activity and (ii) may require monitoring and reports from the person responsible for carrying out the erosion and sediment control plan, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment. However, any VESCP authority may waive the certificate requirement for an agreement in lieu of a plan. The owner shall be given notice of the inspection. When the VESCP authority or the Board determines that there is a failure to comply with the conditions of land-disturbance approval or to obtain an approved plan or a land-disturbance approval prior to commencing land-disturbing activity, the VESCP authority or the Board may serve a notice to comply upon the owner or person responsible for carrying out the land-disturbing activity. Such notice to comply shall be served by delivery by facsimile, e-mail, or other technology; by mailing with confirmation of delivery to the address specified in the plan or land-disturbance application, if available, or in the land records of the locality; or by delivery at the site to a person previously identified to the VESCP authority by the owner. The notice to comply shall specify the measures needed to comply with the land-disturbance approval conditions or shall identify the plan approval or land-disturbance approval needed to comply with this article and shall specify a reasonable time within which such measures shall be completed. In any instance in which a required land-disturbance approval has not been obtained, the VESCP authority or the Board may require immediate compliance. In any other case, the VESCP authority or the Board may establish the time for compliance by taking into account the risk of damage to natural resources and other relevant factors. Notwithstanding any other provision in this subsection, a VESCP authority or the Board may count any days of noncompliance as days of violation should the VESCP authority or the Board take an enforcement action. The issuance of a notice to comply by the Board shall not be considered a case decision as defined in § 2.2-4001. Upon failure to comply within the time specified, any plan approval or land-disturbance approval may be revoked and the VESCP authority or the Board may pursue enforcement as provided by § 62.1-44.15:63.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215409,"text":"Notwithstanding the provisions of subsection A, a VESCP authority is authorized to enter into agreements or contracts with districts, adjacent localities, or other public or private entities to assist with the responsibilities of this article, including but not limited to the review and determination of adequacy of erosion and sediment control plans submitted for land-disturbing activities as well as monitoring, reports, inspections, and enforcement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":215410,"text":"Upon issuance of an inspection report denoting a violation of this section or § 62.1-44.15:55, in conjunction with or subsequent to a notice to comply as specified in subsection A, a VESCP authority or the Board may issue a stop work order requiring that all or part of the land-disturbing activities on the site be stopped until the specified corrective measures have been taken or, if land-disturbing activities have commenced without an approved plan as provided in § 62.1-44.15:55, requiring that all of the land-disturbing activities be stopped until an approved plan is obtained. When such an order is issued by the Board, it shall be issued in accordance with the procedures of the Administrative Process Act (§ 2.2-4000 et seq.). Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced without an approved erosion and sediment control plan, such a stop work order may be issued whether or not the alleged violator has been issued a notice to comply as specified in subsection A. Otherwise, such an order may be issued only after the alleged violator has failed to comply with a notice to comply. The order for noncompliance with a plan shall be served in the same manner as a notice to comply, and shall remain in effect for seven days from the date of service pending application by the VESCP authority, the Board, or alleged violator for appropriate relief to the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court. The stop work order for disturbance without an approved plan shall be served upon the owner by mailing with confirmation of delivery to the address specified in the land records of the locality, shall be posted on the site where the disturbance is occurring, and shall remain in effect until such time as plan approvals are secured, except in such situations where an agricultural exemption applies. If the alleged violator has not obtained an approved erosion and sediment control plan within seven days from the date of service of the stop work order, the Board or the chief administrative officer or his designee on behalf of the VESCP authority may issue a subsequent order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved erosion and sediment control plan has been obtained. The subsequent order shall be served upon the owner by mailing with confirmation of delivery to the address specified in the plan or the land records of the locality in which the site is located. The owner may appeal the issuance of any order to the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court. Any person violating or failing, neglecting, or refusing to obey an order issued by the Board or the chief administrative officer or his designee on behalf of the VESCP authority may be compelled in a proceeding instituted in the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan, the order shall immediately be lifted. Nothing in this section shall prevent the Board or the chief administrative officer or his designee on behalf of the VESCP authority from taking any other action specified in § 62.1-44.15:63.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:58\/","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 10 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 1986, chapter 328; in 1988, chapters 694 and 891; in 1992, chapter 298; in 1993, chapter 925; in 2001, chapter 490<\/a>; in 2003, chapter 827<\/a>; in 2012, chapters 249<\/a>, 785<\/a>, and 819<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2016, chapters 68<\/a> and 758<\/a>; in 2023, chapters 48<\/a> and 49<\/a>.<\/p>","references":[{"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":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"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":73356,"section_number":"62.1-44.15:55","catch_line":"Regulated land-disturbing activities; submission and approval of erosion and sediment control plan","order_by":null,"url":"\/62.1-44.15_55\/"},{"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\/"}],"permalink":{"id":269665,"object_type":"law","relational_id":58785,"identifier":"62.1-44.15:58","token":"62.1\/3.1\/2.4\/62.1-44.15_58","url":"\/62.1-44.15_58\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_58\/","token":"62.1\/3.1\/2.4\/62.1-44.15_58","dublin_core":{"Title":"Monitoring, reports, and inspections","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:58","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The VESCP authority<\/span> (i) shall provide for periodic inspections of the land-disturbing activity<\/span> and require that an individual holding a certificate<\/span>, as provided by § 62.1-44.15:52<\/a>, will be in charge of and responsible for carrying out the land-disturbing activity<\/span> and (ii) may require monitoring and reports from the person<\/span> responsible for carrying out the erosion and sediment control plan<\/span>, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment. However, any VESCP authority<\/span> may waive<\/span> the certificate<\/span> requirement for an agreement in lieu of a plan<\/span>. The owner<\/span> shall be given notice of the inspection. When the VESCP authority<\/span> or the Board<\/span> determines that there is a failure to comply with the conditions of land-disturbance approval<\/span> or to obtain an approved plan or a land-disturbance approval<\/span> prior to commencing land-disturbing activity<\/span>, the VESCP authority<\/span> or the Board<\/span> may serve a notice to comply upon the owner<\/span> or person<\/span> responsible for carrying out the land-disturbing activity<\/span>. Such notice to comply shall be served by delivery by facsimile, e-mail, or other technology; by mailing with confirmation of delivery to the address specified in the plan or land-disturbance application, if available, or in the land records of the locality; or by delivery at the site to a person<\/span> previously identified to the VESCP authority<\/span> by the owner<\/span>. The notice to comply shall specify the measures needed to comply with the land-disturbance approval<\/span> conditions or shall identify the plan approval or land-disturbance approval<\/span> needed to comply with this article and shall specify a reasonable time within which such measures shall be completed. In any instance in which a required land-disturbance approval<\/span> has not been obtained, the VESCP authority<\/span> or the Board<\/span> may require immediate compliance. In any other case, the VESCP authority<\/span> or the Board<\/span> may establish the time for compliance by taking into account the risk of damage to natural resources and other relevant factors. Notwithstanding any other provision in this subsection, a VESCP authority<\/span> or the Board<\/span> may count any days of noncompliance as days of violation should the VESCP authority<\/span> or the Board<\/span> take an enforcement action. The issuance of a notice to comply by the Board<\/span> shall not be considered a case decision as defined in § 2.2-4001<\/a>. Upon failure to comply within the time specified, any plan approval or land-disturbance approval<\/span> may be revoked and the VESCP authority<\/span> or the Board<\/span> may pursue enforcement as provided by § 62.1-44.15:63<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A, a VESCP authority<\/span> is authorized to enter into agreements or contracts<\/span> with districts<\/span>, adjacent localities, or other public or private entities to assist with the responsibilities of this article, including but not limited to the review and determination of adequacy of erosion and sediment control plans<\/span> submitted for land-disturbing activities as well as monitoring, reports, inspections, and enforcement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon issuance of an inspection report denoting a violation of this section or § 62.1-44.15:55<\/a>, in conjunction with or subsequent to a notice to comply as specified in subsection A, a VESCP authority<\/span> or the Board<\/span> may issue<\/span> a stop work order<\/span> requiring that all or part of the land-disturbing activities on the site be stopped until the specified corrective measures have been taken or, if land-disturbing activities have commenced without an approved plan as provided in § 62.1-44.15:55<\/a>, requiring that all of the land-disturbing activities be stopped until an approved plan is obtained. When such an order<\/span> is issued by the Board<\/span>, it shall be issued in accordance with the procedures of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition<\/span> in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced without an approved erosion and sediment control plan<\/span>, such a stop work order<\/span> may be issued whether or not the alleged violator has been issued a notice to comply as specified in subsection A. Otherwise, such an order<\/span> may be issued only after the alleged violator has failed to comply with a notice to comply. The order<\/span> for noncompliance with a plan shall be served in the same manner as a notice to comply, and shall remain in effect for seven days from the date of service pending application by the VESCP authority<\/span>, the Board<\/span>, or alleged violator for appropriate relief to the circuit<\/span> court<\/span> of the jurisdiction<\/span> wherein the violation was alleged to have occurred or other appropriate court<\/span>. The stop work order<\/span> for disturbance without an approved plan shall be served upon the owner<\/span> by mailing with confirmation of delivery to the address specified in the land records of the locality, shall be posted on the site where the disturbance is occurring, and shall remain in effect until such time as plan approvals are secured, except in such situations where an agricultural exemption applies. If the alleged violator has not obtained an approved erosion and sediment control plan<\/span> within seven days from the date of service of the stop work order<\/span>, the Board<\/span> or the chief administrative officer or his designee on behalf of the VESCP authority<\/span> may issue<\/span> a subsequent order<\/span> to the owner<\/span> requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved erosion and sediment control plan<\/span> has been obtained. The subsequent order<\/span> shall be served upon the owner<\/span> by mailing with confirmation of delivery to the address specified in the plan or the land records of the locality in which the site is located. The owner<\/span> may appeal<\/span> the issuance of any order<\/span> to the circuit<\/span> court<\/span> of the jurisdiction<\/span> wherein the violation was alleged to have occurred or other appropriate court<\/span>. Any person<\/span> violating or failing, neglecting, or refusing to obey an order<\/span> issued by the Board<\/span> or the chief administrative officer or his designee on behalf of the VESCP authority<\/span> may be compelled in a proceeding instituted in the circuit<\/span> court<\/span> of the jurisdiction<\/span> wherein the violation was alleged to have occurred or other appropriate court<\/span> to obey same and to comply therewith by injunction<\/span>, mandamus, or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan, the order<\/span> shall immediately be lifted. Nothing in this section shall prevent the Board<\/span> or the chief administrative officer or his designee on behalf of the VESCP authority<\/span> from taking any other action specified in § 62.1-44.15:63<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMONITORING, REPORTS, AND INSPECTIONS (\u00a7 62.1-44.15:58)\n\nA. The VESCP authority (i) shall provide for periodic inspections of the\nland-disturbing activity and require that an individual holding a certificate,\nas provided by § 62.1-44.15:52, will be in charge of and responsible for\ncarrying out the land-disturbing activity and (ii) may require monitoring and\nreports from the person responsible for carrying out the erosion and sediment\ncontrol plan, to ensure compliance with the approved plan and to determine\nwhether the measures required in the plan are effective in controlling erosion\nand sediment. However, any VESCP authority may waive the certificate requirement\nfor an agreement in lieu of a plan. The owner shall be given notice of the\ninspection. When the VESCP authority or the Board determines that there is a\nfailure to comply with the conditions of land-disturbance approval or to obtain\nan approved plan or a land-disturbance approval prior to commencing\nland-disturbing activity, the VESCP authority or the Board may serve a notice to\ncomply upon the owner or person responsible for carrying out the land-disturbing\nactivity. Such notice to comply shall be served by delivery by facsimile,\ne-mail, or other technology; by mailing with confirmation of delivery to the\naddress specified in the plan or land-disturbance application, if available, or\nin the land records of the locality; or by delivery at the site to a person\npreviously identified to the VESCP authority by the owner. The notice to comply\nshall specify the measures needed to comply with the land-disturbance approval\nconditions or shall identify the plan approval or land-disturbance approval\nneeded to comply with this article and shall specify a reasonable time within\nwhich such measures shall be completed. In any instance in which a required\nland-disturbance approval has not been obtained, the VESCP authority or the\nBoard may require immediate compliance. In any other case, the VESCP authority\nor the Board may establish the time for compliance by taking into account the\nrisk of damage to natural resources and other relevant factors. Notwithstanding\nany other provision in this subsection, a VESCP authority or the Board may count\nany days of noncompliance as days of violation should the VESCP authority or the\nBoard take an enforcement action. The issuance of a notice to comply by the\nBoard shall not be considered a case decision as defined in § 2.2-4001.\nUpon failure to comply within the time specified, any plan approval or\nland-disturbance approval may be revoked and the VESCP authority or the Board\nmay pursue enforcement as provided by § 62.1-44.15:63.\n\nB. Notwithstanding the provisions of subsection A, a VESCP authority is\nauthorized to enter into agreements or contracts with districts, adjacent\nlocalities, or other public or private entities to assist with the\nresponsibilities of this article, including but not limited to the review and\ndetermination of adequacy of erosion and sediment control plans submitted for\nland-disturbing activities as well as monitoring, reports, inspections, and\nenforcement.\n\nC. Upon issuance of an inspection report denoting a violation of this section or\n§ 62.1-44.15:55, in conjunction with or subsequent to a notice to comply as\nspecified in subsection A, a VESCP authority or the Board may issue a stop work\norder requiring that all or part of the land-disturbing activities on the site\nbe stopped until the specified corrective measures have been taken or, if\nland-disturbing activities have commenced without an approved plan as provided\nin § 62.1-44.15:55, requiring that all of the land-disturbing activities be\nstopped until an approved plan is obtained. When such an order is issued by the\nBoard, it shall be issued in accordance with the procedures of the\nAdministrative Process Act (§ 2.2-4000 et seq.). Where the alleged\nnoncompliance is causing or is in imminent danger of causing harmful erosion of\nlands or sediment deposition in waters within the watersheds of the\nCommonwealth, or where the land-disturbing activities have commenced without an\napproved erosion and sediment control plan, such a stop work order may be issued\nwhether or not the alleged violator has been issued a notice to comply as\nspecified in subsection A. Otherwise, such an order may be issued only after the\nalleged violator has failed to comply with a notice to comply. The order for\nnoncompliance with a plan shall be served in the same manner as a notice to\ncomply, and shall remain in effect for seven days from the date of service\npending application by the VESCP authority, the Board, or alleged violator for\nappropriate relief to the circuit court of the jurisdiction wherein the\nviolation was alleged to have occurred or other appropriate court. The stop work\norder for disturbance without an approved plan shall be served upon the owner by\nmailing with confirmation of delivery to the address specified in the land\nrecords of the locality, shall be posted on the site where the disturbance is\noccurring, and shall remain in effect until such time as plan approvals are\nsecured, except in such situations where an agricultural exemption applies. If\nthe alleged violator has not obtained an approved erosion and sediment control\nplan within seven days from the date of service of the stop work order, the\nBoard or the chief administrative officer or his designee on behalf of the VESCP\nauthority may issue a subsequent order to the owner requiring that all\nconstruction and other work on the site, other than corrective measures, be\nstopped until an approved erosion and sediment control plan has been obtained.\nThe subsequent order shall be served upon the owner by mailing with confirmation\nof delivery to the address specified in the plan or the land records of the\nlocality in which the site is located. The owner may appeal the issuance of any\norder to the circuit court of the jurisdiction wherein the violation was alleged\nto have occurred or other appropriate court. Any person violating or failing,\nneglecting, or refusing to obey an order issued by the Board or the chief\nadministrative officer or his designee on behalf of the VESCP authority may be\ncompelled in a proceeding instituted in the circuit court of the jurisdiction\nwherein the violation was alleged to have occurred or other appropriate court to\nobey same and to comply therewith by injunction, mandamus, or other appropriate\nremedy. Upon completion and approval of corrective action or obtaining an\napproved plan, the order shall immediately be lifted. Nothing in this section\nshall prevent the Board or the chief administrative officer or his designee on\nbehalf of the VESCP authority from taking any other action specified in §\n62.1-44.15:63.\n\nHISTORY: 1973, c. 486, \u00a7 21-89.8; 1986, c. 328; 1988, cc. 694, 891, \u00a7\n10.1-566; 1992, c. 298; 1993, c. 925; 2001, c. 490; 2003, c. 827; 2012, cc. 249,\n785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758; 2023, cc. 48, 49.","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}}