{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_63.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_63.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_63.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_63.html"}],"law_id":70738,"edition_id":1,"section_id":70738,"structure_id":15073,"section_number":"62.1-44.15:63","catch_line":"Penalties, injunctions and other legal actions","history":"1973, c. 486, \u00a7 21-89.11; 1988, cc. 694, 891, \u00a7 10.1-569; 1992, c. 298; 1993, c. 925; 1995, c. 832; 1996, c. 518; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758.","full_text":"A\n\nAny person who has violated or failed, neglected, or refused to obey any regulation or order of the Board, any order, notice, or requirement of the VESCP authority, any condition of a land-disturbance approval, or any provision of this article or associated regulation shall, upon a finding of an appropriate court, be assessed a civil penalty. If a locality serving as a VESCP authority has adopted a uniform schedule of civil penalties as permitted by subsection G of § 62.1-44.15:54, such assessment shall be in accordance with the schedule. The VESCP authority or the Board may issue a summons for collection of the civil penalty. In any trial for a scheduled violation, it shall be the burden of the Board or the VESCP authority to show the liability of the violator by a preponderance of the evidence. Any civil penalties assessed by a court shall be paid into the treasury of the locality wherein the land lies 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. Where the violator is the locality itself, or its agent, or where the Board is issuing the summons, 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\nThe VESCP authority, the Board, or the owner of property that has sustained damage or which is in imminent danger of being damaged may apply to the circuit court in any jurisdiction wherein the land lies or other appropriate court to enjoin a violation or a threatened violation under § 62.1-44.15:55 or 62.1-44.15:58 without the necessity of showing that an adequate remedy at law does not exist; however, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the VESCP, the Board, and the VESCP authority that a violation of the VESCP has caused, or creates a probability of causing, damage to his property, and (ii) neither the person who has violated the VESCP, the Board, nor the VESCP authority has taken corrective action within 15 days to eliminate the conditions that have caused, or create the probability of causing, damage to his property.C\n\nIn addition to any civil penalties provided under this article, any person who violates any provision of this article may be liable to the VESCP authority or the Board, as appropriate, in a civil action for damages.D\n\nWithout limiting the remedies that may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the VESCP authority wherein the land lies or the Board. Any civil penalties assessed by a court shall be paid into the treasury of the locality wherein the land lies and used pursuant to requirements of subsection A. Where the violator is the locality itself, or its agent, or where the penalties are assessed as the result of an enforcement action brought by the Board, 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 (§ 62.1-44.15:29.1).E\n\nWith the consent of any person who has violated or failed, neglected, or refused to obey any regulation or order of the Board, any order, notice, or requirement of the VESCP authority, any condition of a land-disturbance approval, or any provision of this article or associated regulations, the Board, the Director, or VESCP authority may provide, in an order issued by the Board or VESCP authority against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection D. Such civil charges shall be instead of any appropriate civil penalty that could be imposed under subsection A or D.F\n\nUpon request of a VESCP authority, the attorney for the Commonwealth shall take legal action to enforce the provisions of this article. Upon request of the Board, the Attorney General shall take appropriate legal action on behalf of the Board to enforce the provisions of this article.","order_by":null,"text":{"0":{"id":255180,"text":"Any person who has violated or failed, neglected, or refused to obey any regulation or order of the Board, any order, notice, or requirement of the VESCP authority, any condition of a land-disturbance approval, or any provision of this article or associated regulation shall, upon a finding of an appropriate court, be assessed a civil penalty. If a locality serving as a VESCP authority has adopted a uniform schedule of civil penalties as permitted by subsection G of § 62.1-44.15:54, such assessment shall be in accordance with the schedule. The VESCP authority or the Board may issue a summons for collection of the civil penalty. In any trial for a scheduled violation, it shall be the burden of the Board or the VESCP authority to show the liability of the violator by a preponderance of the evidence. Any civil penalties assessed by a court shall be paid into the treasury of the locality wherein the land lies 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. Where the violator is the locality itself, or its agent, or where the Board is issuing the summons, 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"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255181,"text":"The VESCP authority, the Board, or the owner of property that has sustained damage or which is in imminent danger of being damaged may apply to the circuit court in any jurisdiction wherein the land lies or other appropriate court to enjoin a violation or a threatened violation under § 62.1-44.15:55 or 62.1-44.15:58 without the necessity of showing that an adequate remedy at law does not exist; however, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the VESCP, the Board, and the VESCP authority that a violation of the VESCP has caused, or creates a probability of causing, damage to his property, and (ii) neither the person who has violated the VESCP, the Board, nor the VESCP authority has taken corrective action within 15 days to eliminate the conditions that have caused, or create the probability of causing, damage to his property.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":255182,"text":"In addition to any civil penalties provided under this article, any person who violates any provision of this article may be liable to the VESCP authority or the Board, as appropriate, in a civil action for damages.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":255183,"text":"Without limiting the remedies that may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the VESCP authority wherein the land lies or the Board. Any civil penalties assessed by a court shall be paid into the treasury of the locality wherein the land lies and used pursuant to requirements of subsection A. Where the violator is the locality itself, or its agent, or where the penalties are assessed as the result of an enforcement action brought by the Board, 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 (§ 62.1-44.15:29.1).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":255184,"text":"With the consent of any person who has violated or failed, neglected, or refused to obey any regulation or order of the Board, any order, notice, or requirement of the VESCP authority, any condition of a land-disturbance approval, or any provision of this article or associated regulations, the Board, the Director, or VESCP authority may provide, in an order issued by the Board or VESCP authority against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection D. Such civil charges shall be instead of any appropriate civil penalty that could be imposed under subsection A or D.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":255185,"text":"Upon request of a VESCP authority, the attorney for the Commonwealth shall take legal action to enforce the provisions of this article. Upon request of the Board, the Attorney General shall take appropriate legal action on behalf of the Board to enforce the provisions of this article.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:63\/","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 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1988, chapters 694 and 891; in 1992, chapter 298; in 1993, chapter 925; in 1995, chapter 832<\/a>; in 1996, chapter 518<\/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":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"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":58785,"section_number":"62.1-44.15:58","catch_line":"Monitoring, reports, and inspections","order_by":null,"url":"\/62.1-44.15_58\/"}],"refers_to":[{"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":59360,"section_number":"62.1-44.15:54","catch_line":"Virginia Erosion and Sediment Control Program","order_by":null,"url":"\/62.1-44.15_54\/"},{"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":58785,"section_number":"62.1-44.15:58","catch_line":"Monitoring, reports, and inspections","order_by":null,"url":"\/62.1-44.15_58\/"}],"permalink":{"id":269689,"object_type":"law","relational_id":70738,"identifier":"62.1-44.15:63","token":"62.1\/3.1\/2.4\/62.1-44.15_63","url":"\/62.1-44.15_63\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_63\/","token":"62.1\/3.1\/2.4\/62.1-44.15_63","dublin_core":{"Title":"Penalties, injunctions and other legal actions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:63","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> who has violated or failed, neglected, or refused to obey any regulation<\/span> or order<\/span> of the Board<\/span>, any order<\/span>, notice, or requirement of the VESCP authority<\/span>, any condition of a land-disturbance approval<\/span>, or any provision of this article or associated regulation<\/span> shall, upon a finding<\/span> of an appropriate court<\/span>, be assessed a civil penalty<\/span>. If a locality serving as a VESCP authority<\/span> has adopted a uniform schedule of civil penalties as permitted by subsection G of § 62.1-44.15:54<\/a>, such assessment shall be in accordance with the schedule. The VESCP authority<\/span> or the Board<\/span> may issue<\/span> a summons<\/span> for collection of the civil penalty<\/span>. In any trial<\/span> for a scheduled violation, it shall be the burden of the Board<\/span> or the VESCP authority<\/span> to show the liability of the violator by a preponderance of the evidence<\/span>. Any civil penalties assessed by a court<\/span> shall be paid into the treasury of the locality wherein the land lies 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. Where the violator is the locality itself, or its agent, or where the Board<\/span> is issuing the summons<\/span>, 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> The VESCP authority<\/span>, the Board<\/span>, or the owner<\/span> of property that has sustained damage or which is in imminent danger of being damaged may apply to the circuit<\/span> court<\/span> in any jurisdiction<\/span> wherein the land lies or other appropriate court<\/span> to enjoin a violation or a threatened violation under § 62.1-44.15:55<\/a> or 62.1-44.15:58<\/a> without the necessity of showing that an adequate remedy at law<\/span> does not exist; however, an owner<\/span> of property shall not apply for injunctive relief unless (i) he has notified in writing the person<\/span> who has violated the VESCP, the Board<\/span>, and the VESCP authority<\/span> that a violation of the VESCP has caused, or creates a probability of causing, damage to his property, and (ii) neither the person<\/span> who has violated the VESCP, the Board<\/span>, nor the VESCP authority<\/span> has taken corrective action within 15 days to eliminate the conditions that have caused, or create the probability of causing, damage to his property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In addition to any civil penalties provided under this article, any person<\/span> who violates any provision of this article may be liable to the VESCP authority<\/span> or the Board<\/span>, as appropriate, in a civil action<\/span> for damages<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Without limiting the remedies that may be obtained in this section, any person<\/span> violating or failing, neglecting, or refusing to obey any injunction<\/span>, mandamus, or other remedy obtained pursuant to this section shall be subject, in the discretion of the court<\/span>, to a civil penalty<\/span> not to exceed $2,000 for each violation. A civil action<\/span> for such violation or failure may be brought by the VESCP authority<\/span> wherein the land lies or the Board<\/span>. 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 requirements of subsection A. Where the violator is the locality itself, or its agent, or where the penalties are assessed as the result of an enforcement action brought by the Board<\/span>, 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 (§ 62.1-44.15:29.1<\/a>). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> With the consent of any person<\/span> who has violated or failed, neglected, or refused to obey any regulation<\/span> or order<\/span> of the Board<\/span>, any order<\/span>, notice, or requirement of the VESCP authority<\/span>, any condition of a land-disturbance approval<\/span>, or any provision of this article or associated regulations<\/span>, the Board<\/span>, the Director<\/span>, or VESCP authority<\/span> may provide, in an order<\/span> issued by the Board<\/span> or VESCP authority<\/span> against such person<\/span>, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection D. Such civil charges shall be instead of any appropriate civil penalty<\/span> that could be imposed under subsection A or D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon request of a VESCP authority<\/span>, the attorney for the Commonwealth shall take legal action to enforce the provisions of this article. Upon request of the Board<\/span>, the Attorney General<\/span> shall take appropriate legal action on behalf of the Board<\/span> to enforce the provisions of this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES, INJUNCTIONS AND OTHER LEGAL ACTIONS (\u00a7 62.1-44.15:63)\n\nA. Any person who has violated or failed, neglected, or refused to obey any\nregulation or order of the Board, any order, notice, or requirement of the VESCP\nauthority, any condition of a land-disturbance approval, or any provision of\nthis article or associated regulation shall, upon a finding of an appropriate\ncourt, be assessed a civil penalty. If a locality serving as a VESCP authority\nhas adopted a uniform schedule of civil penalties as permitted by subsection G\nof § 62.1-44.15:54, such assessment shall be in accordance with the\nschedule. The VESCP authority or the Board may issue a summons for collection of\nthe civil penalty. In any trial for a scheduled violation, it shall be the\nburden of the Board or the VESCP authority to show the liability of the violator\nby a preponderance of the evidence. Any civil penalties assessed by a court\nshall be paid into the treasury of the locality wherein the land lies and are to\nbe used solely for stormwater management capital projects, including (i) new\nstormwater best management practices; (ii) stormwater best management practice\nmaintenance, inspection, or retrofitting; (iii) stream restoration; (iv)\nlow-impact development projects; (v) buffer restoration; (vi) pond retrofitting;\nand (vii) wetlands restoration. Where the violator is the locality itself, or\nits agent, or where the Board is issuing the summons, the court shall direct the\npenalty to be paid into the state treasury and deposited by the State Treasurer\ninto the Stormwater Local Assistance Fund established pursuant to §\n62.1-44.15:29.1.\n\nB. The VESCP authority, the Board, or the owner of property that has sustained\ndamage or which is in imminent danger of being damaged may apply to the circuit\ncourt in any jurisdiction wherein the land lies or other appropriate court to\nenjoin a violation or a threatened violation under § 62.1-44.15:55 or\n62.1-44.15:58 without the necessity of showing that an adequate remedy at law\ndoes not exist; however, an owner of property shall not apply for injunctive\nrelief unless (i) he has notified in writing the person who has violated the\nVESCP, the Board, and the VESCP authority that a violation of the VESCP has\ncaused, or creates a probability of causing, damage to his property, and (ii)\nneither the person who has violated the VESCP, the Board, nor the VESCP\nauthority has taken corrective action within 15 days to eliminate the conditions\nthat have caused, or create the probability of causing, damage to his property.\n\nC. In addition to any civil penalties provided under this article, any person\nwho violates any provision of this article may be liable to the VESCP authority\nor the Board, as appropriate, in a civil action for damages.\n\nD. Without limiting the remedies that may be obtained in this section, any\nperson violating or failing, neglecting, or refusing to obey any injunction,\nmandamus, or other remedy obtained pursuant to this section shall be subject, in\nthe discretion of the court, to a civil penalty not to exceed $2,000 for each\nviolation. A civil action for such violation or failure may be brought by the\nVESCP authority wherein the land lies or the Board. Any civil penalties assessed\nby a court shall be paid into the treasury of the locality wherein the land lies\nand used pursuant to requirements of subsection A. Where the violator is the\nlocality itself, or its agent, or where the penalties are assessed as the result\nof an enforcement action brought by the Board, the court shall direct the\npenalty to be paid into the state treasury and deposited by the State Treasurer\ninto the Stormwater Local Assistance Fund (§ 62.1-44.15:29.1).\n\nE. With the consent of any person who has violated or failed, neglected, or\nrefused to obey any regulation or order of the Board, any order, notice, or\nrequirement of the VESCP authority, any condition of a land-disturbance\napproval, or any provision of this article or associated regulations, the Board,\nthe Director, or VESCP authority may provide, in an order issued by the Board or\nVESCP authority against such person, for the payment of civil charges for\nviolations in specific sums, not to exceed the limit specified in subsection D.\nSuch civil charges shall be instead of any appropriate civil penalty that could\nbe imposed under subsection A or D.\n\nF. Upon request of a VESCP authority, the attorney for the Commonwealth shall\ntake legal action to enforce the provisions of this article. Upon request of the\nBoard, the Attorney General shall take appropriate legal action on behalf of the\nBoard to enforce the provisions of this article.\n\nHISTORY: 1973, c. 486, \u00a7 21-89.11; 1988, cc. 694, 891, \u00a7 10.1-569; 1992, c.\n298; 1993, c. 925; 1995, c. 832; 1996, c. 518; 2012, cc. 785, 819; 2013, cc.\n756, 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}}