{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_64.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_64.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_64.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_64.html"}],"law_id":57476,"edition_id":1,"section_id":57476,"structure_id":15073,"section_number":"62.1-44.15:64","catch_line":"Stop work orders by Board; civil penalties","history":"1993, c. 925, \u00a7 10.1-569.1; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758.","full_text":"A\n\nAn aggrieved owner of property sustaining pecuniary damage resulting from a violation of an approved erosion and sediment control plan or required land-disturbance approval, or from the conduct of land-disturbing activities commenced without an approved plan or required land-disturbance approval, may give written notice of the alleged violation to the VESCP authority and to the Board.B\n\nIf the VESCP authority has not responded to the alleged violation in a manner that causes the violation to cease and abates the damage to the aggrieved owner&#8217;s property within 30 days following receipt of the notice from the aggrieved owner, the aggrieved owner may request that the Board conduct an investigation and, if necessary, require the violator to stop the alleged violation and abate the damage to his property.C\n\nIf the Board&#8217;s investigation of the complaint indicates that (i) the VESCP authority has not responded to the alleged violation as required by the VESCP, (ii) the VESCP authority has not responded to the alleged violation within 30 days from the date of the notice given pursuant to subsection A, and (iii) there is a violation and it is necessary to require the violator to cease the violation as requested by the aggrieved owner, then the Board shall give written notice to the VESCP authority that the Board intends to issue an order pursuant to subsection D.D\n\nIf the VESCP authority has not instituted action to stop the violation and abate the damage to the aggrieved owner&#8217;s property within 10 days following receipt of the notice from the Board, the Board is authorized to issue an order requiring the owner, person responsible for carrying out an approved erosion and sediment control plan, or person conducting the land-disturbing activities without an approved plan or required land-disturbance approval to cease all land-disturbing activities until the violation of the plan has ceased or an approved plan and required land-disturbance approval are obtained, as appropriate, and specified corrective measures have been completed. The Board also may immediately initiate a program review of the VESCP.E\n\nSuch orders are to be issued in accordance with the procedures of the Administrative Process Act (&#xA7; 2.2-4000 et seq.), and they shall become effective upon service on the person by mailing with confirmation of delivery, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the Board. Any subsequent identical mail or notice that is sent by the Board may be sent by regular mail. However, if the Board finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, it may issue, without advance notice or hearing, an emergency order directing such person to cease all land-disturbing activities on the site immediately and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order.F\n\nIf a person who has been issued an order or emergency order is not complying with the terms thereof, the Board may institute a proceeding in the appropriate circuit court for an injunction, mandamus, or other appropriate remedy compelling the person to comply with such order.G\n\nAny person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to subsection G shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. Any civil penalties assessed by a court shall be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund (&#xA7; 62.1-44.15:29.1).","order_by":null,"text":{"0":{"id":210570,"text":"An aggrieved owner of property sustaining pecuniary damage resulting from a violation of an approved erosion and sediment control plan or required land-disturbance approval, or from the conduct of land-disturbing activities commenced without an approved plan or required land-disturbance approval, may give written notice of the alleged violation to the VESCP authority and to the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210571,"text":"If the VESCP authority has not responded to the alleged violation in a manner that causes the violation to cease and abates the damage to the aggrieved owner&#8217;s property within 30 days following receipt of the notice from the aggrieved owner, the aggrieved owner may request that the Board conduct an investigation and, if necessary, require the violator to stop the alleged violation and abate the 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":210572,"text":"If the Board&#8217;s investigation of the complaint indicates that (i) the VESCP authority has not responded to the alleged violation as required by the VESCP, (ii) the VESCP authority has not responded to the alleged violation within 30 days from the date of the notice given pursuant to subsection A, and (iii) there is a violation and it is necessary to require the violator to cease the violation as requested by the aggrieved owner, then the Board shall give written notice to the VESCP authority that the Board intends to issue an order pursuant to subsection D.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":210573,"text":"If the VESCP authority has not instituted action to stop the violation and abate the damage to the aggrieved owner&#8217;s property within 10 days following receipt of the notice from the Board, the Board is authorized to issue an order requiring the owner, person responsible for carrying out an approved erosion and sediment control plan, or person conducting the land-disturbing activities without an approved plan or required land-disturbance approval to cease all land-disturbing activities until the violation of the plan has ceased or an approved plan and required land-disturbance approval are obtained, as appropriate, and specified corrective measures have been completed. The Board also may immediately initiate a program review of the VESCP.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":210574,"text":"Such orders are to be issued in accordance with the procedures of the Administrative Process Act (&#xA7; 2.2-4000 et seq.), and they shall become effective upon service on the person by mailing with confirmation of delivery, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the Board. Any subsequent identical mail or notice that is sent by the Board may be sent by regular mail. However, if the Board finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, it may issue, without advance notice or hearing, an emergency order directing such person to cease all land-disturbing activities on the site immediately and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":210575,"text":"If a person who has been issued an order or emergency order is not complying with the terms thereof, the Board may institute a proceeding in the appropriate circuit court for an injunction, mandamus, or other appropriate remedy compelling the person to comply with such order.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":210576,"text":"Any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to subsection G shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. Any civil penalties assessed by a court shall be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund (&#xA7; 62.1-44.15:29.1).","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:64\/","history_text":"<p>This law was first created in 1993. The record of its establishment is cataloged in chapter 925 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 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0785\">785<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0819\">819<\/a>; in 2013, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0756\">756<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0793\">793<\/a>; in 2016, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0068\">68<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0758\">758<\/a>.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"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\/"}],"permalink":{"id":269693,"object_type":"law","relational_id":57476,"identifier":"62.1-44.15:64","token":"62.1\/3.1\/2.4\/62.1-44.15_64","url":"\/62.1-44.15_64\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_64\/","token":"62.1\/3.1\/2.4\/62.1-44.15_64","dublin_core":{"Title":"Stop work orders by Board; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:64","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> An aggrieved <span class=\"dictionary\">owner<\/span> of property sustaining pecuniary damage resulting from a violation of an approved <span class=\"dictionary\">erosion and sediment control plan<\/span> or required <span class=\"dictionary\">land-disturbance approval<\/span>, or from the conduct of land-disturbing activities commenced without an approved plan or required <span class=\"dictionary\">land-disturbance approval<\/span>, may give written notice of the alleged violation to the <span class=\"dictionary\">VESCP authority<\/span> and to the <span class=\"dictionary\">Board<\/span>. <a id=\"paragraph-210570\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_64\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If the <span class=\"dictionary\">VESCP authority<\/span> has not responded to the alleged violation in a manner that causes the violation to cease and abates the damage to the aggrieved <span class=\"dictionary\">owner<\/span>&#8217;s property within 30 days following receipt of the notice from the aggrieved <span class=\"dictionary\">owner<\/span>, the aggrieved <span class=\"dictionary\">owner<\/span> may request that the <span class=\"dictionary\">Board<\/span> conduct an investigation and, if necessary, require the violator to stop the alleged violation and abate the damage to his property. <a id=\"paragraph-210571\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_64\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> If the <span class=\"dictionary\">Board<\/span>&#8217;s investigation of the complaint indicates that (i) the <span class=\"dictionary\">VESCP authority<\/span> has not responded to the alleged violation as required by the VESCP, (ii) the <span class=\"dictionary\">VESCP authority<\/span> has not responded to the alleged violation within 30 days from the date of the notice given pursuant to subsection A, and (iii) there is a violation and it is necessary to require the violator to cease the violation as requested by the aggrieved <span class=\"dictionary\">owner<\/span>, then the <span class=\"dictionary\">Board<\/span> shall give written notice to the <span class=\"dictionary\">VESCP authority<\/span> that the <span class=\"dictionary\">Board<\/span> intends to <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> pursuant to subsection D. <a id=\"paragraph-210572\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_64\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> If the <span class=\"dictionary\">VESCP authority<\/span> has not instituted action to stop the violation and abate the damage to the aggrieved <span class=\"dictionary\">owner<\/span>&#8217;s property within 10 days following receipt of the notice from the <span class=\"dictionary\">Board<\/span>, the <span class=\"dictionary\">Board<\/span> is authorized to <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> requiring the <span class=\"dictionary\">owner<\/span>, <span class=\"dictionary\">person<\/span> responsible for carrying out an approved <span class=\"dictionary\">erosion and sediment control plan<\/span>, or <span class=\"dictionary\">person<\/span> conducting the land-disturbing activities without an approved plan or required <span class=\"dictionary\">land-disturbance approval<\/span> to cease all land-disturbing activities until the violation of the plan has ceased or an approved plan and required <span class=\"dictionary\">land-disturbance approval<\/span> are obtained, as appropriate, and specified corrective measures have been completed. The <span class=\"dictionary\">Board<\/span> also may immediately initiate a program review of the VESCP. <a id=\"paragraph-210573\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_64\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Such <span class=\"dictionary\">orders<\/span> are to be issued in accordance with the procedures of the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.), and they shall become effective upon service on the <span class=\"dictionary\">person<\/span> by mailing with confirmation of delivery, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the <span class=\"dictionary\">Board<\/span>. Any subsequent identical mail or notice that is sent by the <span class=\"dictionary\">Board<\/span> may be sent by regular mail. However, if the <span class=\"dictionary\">Board<\/span> finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment <span class=\"dictionary\">deposition<\/span> in waters within the watersheds of the Commonwealth, it may <span class=\"dictionary\">issue<\/span>, without advance notice or <span class=\"dictionary\">hearing<\/span>, an emergency <span class=\"dictionary\">order<\/span> directing such <span class=\"dictionary\">person<\/span> to cease all land-disturbing activities on the site immediately and shall provide an opportunity for a <span class=\"dictionary\">hearing<\/span>, after reasonable notice as to the time and place thereof, to such <span class=\"dictionary\">person<\/span>, to <span class=\"dictionary\">affirm<\/span>, modify, <span class=\"dictionary\">amend<\/span>, or cancel such emergency <span class=\"dictionary\">order<\/span>. <a id=\"paragraph-210574\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_64\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> If a <span class=\"dictionary\">person<\/span> who has been issued an <span class=\"dictionary\">order<\/span> or emergency <span class=\"dictionary\">order<\/span> is not complying with the terms thereof, the <span class=\"dictionary\">Board<\/span> may institute a proceeding in the appropriate <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> for an <span class=\"dictionary\">injunction<\/span>, mandamus, or other appropriate remedy compelling the <span class=\"dictionary\">person<\/span> to comply with such <span class=\"dictionary\">order<\/span>. <a id=\"paragraph-210575\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_64\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Any <span class=\"dictionary\">person<\/span> violating or failing, neglecting, or refusing to obey any <span class=\"dictionary\">injunction<\/span>, mandamus, or other remedy obtained pursuant to subsection G shall be subject, in the discretion of the <span class=\"dictionary\">court<\/span>, to a civil <span class=\"dictionary\">penalty<\/span> not to exceed $2,000 for each violation. Any civil penalties assessed by a <span class=\"dictionary\">court<\/span> shall be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund (&#xA7; <a class=\"law\" title=\"Stormwater Local Assistance Fund\" href=\"\/62.1-44.15_29.1\/\">62.1-44.15:29.1<\/a>). <a id=\"paragraph-210576\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_64\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSTOP WORK ORDERS BY BOARD; CIVIL PENALTIES (\u00a7 62.1-44.15:64)\n\nA. An aggrieved owner of property sustaining pecuniary damage resulting from a\nviolation of an approved erosion and sediment control plan or required\nland-disturbance approval, or from the conduct of land-disturbing activities\ncommenced without an approved plan or required land-disturbance approval, may\ngive written notice of the alleged violation to the VESCP authority and to the\nBoard.\n\nB. If the VESCP authority has not responded to the alleged violation in a manner\nthat causes the violation to cease and abates the damage to the aggrieved\nowner&#8217;s property within 30 days following receipt of the notice from the\naggrieved owner, the aggrieved owner may request that the Board conduct an\ninvestigation and, if necessary, require the violator to stop the alleged\nviolation and abate the damage to his property.\n\nC. If the Board&#8217;s investigation of the complaint indicates that (i) the\nVESCP authority has not responded to the alleged violation as required by the\nVESCP, (ii) the VESCP authority has not responded to the alleged violation\nwithin 30 days from the date of the notice given pursuant to subsection A, and\n(iii) there is a violation and it is necessary to require the violator to cease\nthe violation as requested by the aggrieved owner, then the Board shall give\nwritten notice to the VESCP authority that the Board intends to issue an order\npursuant to subsection D.\n\nD. If the VESCP authority has not instituted action to stop the violation and\nabate the damage to the aggrieved owner&#8217;s property within 10 days\nfollowing receipt of the notice from the Board, the Board is authorized to issue\nan order requiring the owner, person responsible for carrying out an approved\nerosion and sediment control plan, or person conducting the land-disturbing\nactivities without an approved plan or required land-disturbance approval to\ncease all land-disturbing activities until the violation of the plan has ceased\nor an approved plan and required land-disturbance approval are obtained, as\nappropriate, and specified corrective measures have been completed. The Board\nalso may immediately initiate a program review of the VESCP.\n\nE. Such orders are to be issued in accordance with the procedures of the\nAdministrative Process Act (&#xA7; 2.2-4000 et seq.), and they shall become\neffective upon service on the person by mailing with confirmation of delivery,\nsent to his address specified in the land records of the locality, or by\npersonal delivery by an agent of the Board. Any subsequent identical mail or\nnotice that is sent by the Board may be sent by regular mail. However, if the\nBoard finds that any such violation is grossly affecting or presents an imminent\nand substantial danger of causing harmful erosion of lands or sediment\ndeposition in waters within the watersheds of the Commonwealth, it may issue,\nwithout advance notice or hearing, an emergency order directing such person to\ncease all land-disturbing activities on the site immediately and shall provide\nan opportunity for a hearing, after reasonable notice as to the time and place\nthereof, to such person, to affirm, modify, amend, or cancel such emergency\norder.\n\nF. If a person who has been issued an order or emergency order is not complying\nwith the terms thereof, the Board may institute a proceeding in the appropriate\ncircuit court for an injunction, mandamus, or other appropriate remedy\ncompelling the person to comply with such order.\n\nG. Any person violating or failing, neglecting, or refusing to obey any\ninjunction, mandamus, or other remedy obtained pursuant to subsection G shall be\nsubject, in the discretion of the court, to a civil penalty not to exceed $2,000\nfor each violation. Any civil penalties assessed by a court shall be paid into\nthe state treasury and deposited by the State Treasurer into the Stormwater\nLocal Assistance Fund (&#xA7; 62.1-44.15:29.1).\n\nHISTORY: 1993, c. 925, \u00a7 10.1-569.1; 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}}