{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_65.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_65.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_65.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_65.html"}],"law_id":67572,"edition_id":1,"section_id":67572,"structure_id":15073,"section_number":"62.1-44.15:65","catch_line":"Authorization for more stringent ordinances","history":"1973, c. 486, \u00a7 21-89.12; 1988, c. 891, \u00a7 10.1-570; 2012, cc. 785, 819; 2013, cc. 756, 793; 2023, cc. 506, 507.","full_text":"A\n\nAs part of a VESCP, a locality is authorized to adopt more stringent soil erosion and sediment control ordinances than those necessary to ensure compliance with the Board’s regulations, provided that the more stringent ordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the implementation of a locally adopted watershed management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters, or to address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent ordinances, a public hearing is held. Notice of such hearing shall be given by publication once a week for two consecutive weeks in a newspaper of general circulation in the locality seeking to adopt the ordinance, with the first publication appearing no more than 14 days before the hearing. The VESCP authority shall report to the Board when more stringent erosion and sediment control ordinances are determined to be necessary pursuant to this section. This process shall not be required when a VESCP authority chooses to reduce the threshold for regulating land-disturbing activities to a smaller area of disturbed land pursuant to § 62.1-44.15:55. This section shall not be construed to authorize any VESCP authority to impose any more stringent ordinances for land-disturbance review and approval than those specified in § 62.1-44.15:55.B\n\nAny provisions of an erosion and sediment control program in existence before July 1, 2012, that contains more stringent provisions than this article shall be exempt from the analysis requirements of subsection A.","order_by":null,"text":{"0":{"id":244839,"text":"As part of a VESCP, a locality is authorized to adopt more stringent soil erosion and sediment control ordinances than those necessary to ensure compliance with the Board’s regulations, provided that the more stringent ordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the implementation of a locally adopted watershed management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters, or to address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent ordinances, a public hearing is held. Notice of such hearing shall be given by publication once a week for two consecutive weeks in a newspaper of general circulation in the locality seeking to adopt the ordinance, with the first publication appearing no more than 14 days before the hearing. The VESCP authority shall report to the Board when more stringent erosion and sediment control ordinances are determined to be necessary pursuant to this section. This process shall not be required when a VESCP authority chooses to reduce the threshold for regulating land-disturbing activities to a smaller area of disturbed land pursuant to § 62.1-44.15:55. This section shall not be construed to authorize any VESCP authority to impose any more stringent ordinances for land-disturbance review and approval than those specified in § 62.1-44.15:55.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244840,"text":"Any provisions of an erosion and sediment control program in existence before July 1, 2012, that contains more stringent provisions than this article shall be exempt from the analysis requirements of subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:65\/","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 4 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, chapter 891; in 2012, chapters 785<\/a> and 819<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2023, chapters 506<\/a> and 507<\/a>.<\/p>","references":[{"id":57827,"section_number":"62.1-44.15:52","catch_line":"Virginia Erosion and Sediment Control Program","order_by":null,"url":"\/62.1-44.15_52\/"}],"refers_to":[{"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\/"}],"permalink":{"id":269697,"object_type":"law","relational_id":67572,"identifier":"62.1-44.15:65","token":"62.1\/3.1\/2.4\/62.1-44.15_65","url":"\/62.1-44.15_65\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_65\/","token":"62.1\/3.1\/2.4\/62.1-44.15_65","dublin_core":{"Title":"Authorization for more stringent ordinances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:65","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As part of a VESCP, a locality is authorized to adopt more stringent soil erosion<\/span> and sediment control ordinances<\/span> than those necessary to ensure compliance with the Board<\/span>’s regulations<\/span>, provided that the more stringent ordinances<\/span> are based upon factual findings<\/span> of local or regional comprehensive watershed management studies or findings<\/span> developed through the implementation of a locally adopted watershed management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters<\/span>, or to address specific existing water pollution<\/span> including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent ordinances<\/span>, a public hearing<\/span> is held. Notice of such hearing<\/span> shall be given by publication once a week for two consecutive weeks in a newspaper of general circulation in the locality seeking to adopt the ordinance<\/span>, with the first publication appearing no more than 14 days before the hearing<\/span>. The VESCP authority<\/span> shall report to the Board<\/span> when more stringent erosion and sediment control ordinances<\/span> are determined to be necessary pursuant to this section. This process shall not be required when a VESCP authority<\/span> chooses to reduce the threshold for regulating land-disturbing activities to a smaller area of disturbed land pursuant to § 62.1-44.15:55<\/a>. This section shall not be construed to authorize any VESCP authority<\/span> to impose any more stringent ordinances<\/span> for land-disturbance review and approval than those specified in § 62.1-44.15:55<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any provisions of an erosion and sediment control program in existence before July 1, 2012, that contains more stringent provisions than this article shall be exempt from the analysis requirements of subsection A. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORIZATION FOR MORE STRINGENT ORDINANCES (\u00a7 62.1-44.15:65)\n\nA. As part of a VESCP, a locality is authorized to adopt more stringent soil\nerosion and sediment control ordinances than those necessary to ensure\ncompliance with the Board’s regulations, provided that the more stringent\nordinances are based upon factual findings of local or regional comprehensive\nwatershed management studies or findings developed through the implementation of\na locally adopted watershed management study and are determined by the locality\nto be necessary to prevent any further degradation to water resources, to\naddress total maximum daily load requirements, to protect exceptional state\nwaters, or to address specific existing water pollution including nutrient and\nsediment loadings, stream channel erosion, depleted groundwater resources, or\nexcessive localized flooding within the watershed and that prior to adopting\nmore stringent ordinances, a public hearing is held. Notice of such hearing\nshall be given by publication once a week for two consecutive weeks in a\nnewspaper of general circulation in the locality seeking to adopt the ordinance,\nwith the first publication appearing no more than 14 days before the hearing.\nThe VESCP authority shall report to the Board when more stringent erosion and\nsediment control ordinances are determined to be necessary pursuant to this\nsection. This process shall not be required when a VESCP authority chooses to\nreduce the threshold for regulating land-disturbing activities to a smaller area\nof disturbed land pursuant to § 62.1-44.15:55. This section shall not be\nconstrued to authorize any VESCP authority to impose any more stringent\nordinances for land-disturbance review and approval than those specified in\n§ 62.1-44.15:55.\n\nB. Any provisions of an erosion and sediment control program in existence before\nJuly 1, 2012, that contains more stringent provisions than this article shall be\nexempt from the analysis requirements of subsection A.\n\nHISTORY: 1973, c. 486, \u00a7 21-89.12; 1988, c. 891, \u00a7 10.1-570; 2012, cc. 785,\n819; 2013, cc. 756, 793; 2023, cc. 506, 507.","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}}