{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_74.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_74.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_74.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_74.html"}],"law_id":80080,"edition_id":1,"section_id":80080,"structure_id":15151,"section_number":"62.1-44.15:74","catch_line":"Local governments to designate Chesapeake Bay Preservation Areas; incorporate into local plans and ordinances; impose civil penalties","history":"1988, cc. 608, 891, \u00a7 10.1-2109; 1998, cc. 700, 714; 2008, c. 15; 2013, cc. 756, 793; 2016, cc. 68, 758.","full_text":"A\n\nCounties, cities, and towns in Tidewater Virginia shall use the criteria developed by the Board to determine the extent of the Chesapeake Bay Preservation Area within their jurisdictions. Designation of Chesapeake Bay Preservation Areas shall be accomplished by every county, city, and town in Tidewater Virginia not later than 12 months after adoption of criteria by the Board.B\n\nCounties, cities, and towns in Tidewater Virginia shall incorporate protection of the quality of state waters into each locality&#8217;s comprehensive plan consistent with the provisions of this article.C\n\nAll counties, cities, and towns in Tidewater Virginia shall have zoning ordinances that incorporate measures to protect the quality of state waters in the Chesapeake Bay Preservation Areas consistent with the provisions of this article. Zoning in Chesapeake Bay Preservation Areas shall comply with all criteria set forth in or established pursuant to &#xA7; 62.1-44.15:72.D\n\nCounties, cities, and towns in Tidewater Virginia shall incorporate protection of the quality of state waters in Chesapeake Bay Preservation Areas into their subdivision ordinances consistent with the provisions of this article. Counties, cities, and towns in Tidewater Virginia shall ensure that all subdivisions developed pursuant to their subdivision ordinances comply with all criteria developed by the Board.E\n\nIn addition to any other remedies which may be obtained under any local ordinance enacted to protect the quality of state waters in Chesapeake Bay Preservation Areas, counties, cities, and towns in Tidewater Virginia may incorporate the following penalties into their zoning, subdivision, or other ordinances:1\n\nAny person who (i) violates any provision of any such ordinance or (ii) violates or fails, neglects, or refuses to obey any local governmental body&#8217;s or official&#8217;s final notice, order, rule, regulation, or variance or permit condition authorized under such ordinance shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $5,000 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, in such a manner as the court may direct by order, except that where the violator is the county, city, or town itself, or its agent, 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 by &#xA7; 62.1-44.15:29.1.2\n\nWith the consent of any person who (i) violates any provision of any local ordinance related to the protection of water quality in Chesapeake Bay Preservation Areas or (ii) violates or fails, neglects, or refuses to obey any local governmental body&#8217;s or official&#8217;s notice, order, rule, regulation, or variance or permit condition authorized under such ordinance, the local government may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation. Such civil charges shall be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, except that where the violator is the county, city, or town itself, or its agent, the civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established by &#xA7; 62.1-44.15:29.1. Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subdivision 1. Civil charges may be in addition to the cost of any restoration required or ordered by the local governmental body or official.F\n\nLocalities that are subject to the provisions of this article may by ordinance adopt an appeal period for any person aggrieved by a decision of a board that has been established by the locality to hear cases regarding ordinances adopted pursuant to this article. The ordinance shall allow the aggrieved party a minimum of 30 days from the date of such decision to appeal the decision to the circuit court.","order_by":null,"text":{"0":{"id":286741,"text":"Counties, cities, and towns in Tidewater Virginia shall use the criteria developed by the Board to determine the extent of the Chesapeake Bay Preservation Area within their jurisdictions. Designation of Chesapeake Bay Preservation Areas shall be accomplished by every county, city, and town in Tidewater Virginia not later than 12 months after adoption of criteria by the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286742,"text":"Counties, cities, and towns in Tidewater Virginia shall incorporate protection of the quality of state waters into each locality&#8217;s comprehensive plan consistent with the provisions of this article.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":286743,"text":"All counties, cities, and towns in Tidewater Virginia shall have zoning ordinances that incorporate measures to protect the quality of state waters in the Chesapeake Bay Preservation Areas consistent with the provisions of this article. Zoning in Chesapeake Bay Preservation Areas shall comply with all criteria set forth in or established pursuant to &#xA7; 62.1-44.15:72.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":286744,"text":"Counties, cities, and towns in Tidewater Virginia shall incorporate protection of the quality of state waters in Chesapeake Bay Preservation Areas into their subdivision ordinances consistent with the provisions of this article. Counties, cities, and towns in Tidewater Virginia shall ensure that all subdivisions developed pursuant to their subdivision ordinances comply with all criteria developed by the Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":286745,"text":"In addition to any other remedies which may be obtained under any local ordinance enacted to protect the quality of state waters in Chesapeake Bay Preservation Areas, counties, cities, and towns in Tidewater Virginia may incorporate the following penalties into their zoning, subdivision, or other ordinances:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":286746,"text":"Any person who (i) violates any provision of any such ordinance or (ii) violates or fails, neglects, or refuses to obey any local governmental body&#8217;s or official&#8217;s final notice, order, rule, regulation, or variance or permit condition authorized under such ordinance shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $5,000 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, in such a manner as the court may direct by order, except that where the violator is the county, city, or town itself, or its agent, 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 by &#xA7; 62.1-44.15:29.1.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":286747,"text":"With the consent of any person who (i) violates any provision of any local ordinance related to the protection of water quality in Chesapeake Bay Preservation Areas or (ii) violates or fails, neglects, or refuses to obey any local governmental body&#8217;s or official&#8217;s notice, order, rule, regulation, or variance or permit condition authorized under such ordinance, the local government may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation. Such civil charges shall be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, except that where the violator is the county, city, or town itself, or its agent, the civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established by &#xA7; 62.1-44.15:29.1. Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subdivision 1. Civil charges may be in addition to the cost of any restoration required or ordered by the local governmental body or official.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"7":{"id":286748,"text":"Localities that are subject to the provisions of this article may by ordinance adopt an appeal period for any person aggrieved by a decision of a board that has been established by the locality to hear cases regarding ordinances adopted pursuant to this article. The ordinance shall allow the aggrieved party a minimum of 30 days from the date of such decision to appeal the decision to the circuit court.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2"}},"ancestry":[{"id":15151,"edition_id":1,"name":"Chesapeake Bay Preservation Act","identifier":"2.5","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:52:33","date_modified":"2026-06-26 03:52:33","permalink":{"id":269705,"object_type":"structure","relational_id":15151,"identifier":"2.5","token":"62.1\/3.1\/2.5","url":"\/62.1\/3.1\/2.5\/","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":72347,"structure_id":15151,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","url":"\/62.1-44.15_67\/","token":"62.1\/3.1\/2.5\/62.1-44.15_67","metadata":false},{"id":65612,"structure_id":15151,"section_number":"62.1-44.15:68","catch_line":"Definitions","url":"\/62.1-44.15_68\/","token":"62.1\/3.1\/2.5\/62.1-44.15_68","metadata":false},{"id":81171,"structure_id":15151,"section_number":"62.1-44.15:69","catch_line":"Powers and duties of the Board","url":"\/62.1-44.15_69\/","token":"62.1\/3.1\/2.5\/62.1-44.15_69","metadata":false},{"id":84551,"structure_id":15151,"section_number":"62.1-44.15:70","catch_line":"Exclusive authority of Board to institute legal actions","url":"\/62.1-44.15_70\/","token":"62.1\/3.1\/2.5\/62.1-44.15_70","metadata":false},{"id":57714,"structure_id":15151,"section_number":"62.1-44.15:71","catch_line":"Repealed","url":"\/62.1-44.15_71\/","token":"62.1\/3.1\/2.5\/62.1-44.15_71","metadata":false},{"id":86461,"structure_id":15151,"section_number":"62.1-44.15:72","catch_line":"Board to develop criteria","url":"\/62.1-44.15_72\/","token":"62.1\/3.1\/2.5\/62.1-44.15_72","metadata":false},{"id":84298,"structure_id":15151,"section_number":"62.1-44.15:73","catch_line":"Local government authority","url":"\/62.1-44.15_73\/","token":"62.1\/3.1\/2.5\/62.1-44.15_73","metadata":false},{"id":80080,"structure_id":15151,"section_number":"62.1-44.15:74","catch_line":"Local governments to designate Chesapeake Bay Preservation Areas; incorporate into local plans and ordinances; impose civil penalties","url":"\/62.1-44.15_74\/","token":"62.1\/3.1\/2.5\/62.1-44.15_74","metadata":false},{"id":85698,"structure_id":15151,"section_number":"62.1-44.15:75","catch_line":"Local governments outside of Tidewater Virginia may adopt provisions","url":"\/62.1-44.15_75\/","token":"62.1\/3.1\/2.5\/62.1-44.15_75","metadata":false},{"id":71293,"structure_id":15151,"section_number":"62.1-44.15:76","catch_line":"Local government requirements for water quality protection","url":"\/62.1-44.15_76\/","token":"62.1\/3.1\/2.5\/62.1-44.15_76","metadata":false},{"id":72759,"structure_id":15151,"section_number":"62.1-44.15:77","catch_line":"Effect on other governmental authority","url":"\/62.1-44.15_77\/","token":"62.1\/3.1\/2.5\/62.1-44.15_77","metadata":false},{"id":65494,"structure_id":15151,"section_number":"62.1-44.15:78","catch_line":"State agency consistency","url":"\/62.1-44.15_78\/","token":"62.1\/3.1\/2.5\/62.1-44.15_78","metadata":false},{"id":82932,"structure_id":15151,"section_number":"62.1-44.15:79","catch_line":"Vested rights protected","url":"\/62.1-44.15_79\/","token":"62.1\/3.1\/2.5\/62.1-44.15_79","metadata":false}],"previous_section":{"id":84298,"structure_id":15151,"section_number":"62.1-44.15:73","catch_line":"Local government authority","url":"\/62.1-44.15_73\/","token":"62.1\/3.1\/2.5\/62.1-44.15_73","metadata":false},"next_section":{"id":85698,"structure_id":15151,"section_number":"62.1-44.15:75","catch_line":"Local governments outside of Tidewater Virginia may adopt provisions","url":"\/62.1-44.15_75\/","token":"62.1\/3.1\/2.5\/62.1-44.15_75","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:74\/","history_text":"<p>This law was first created in 1988. The record of its establishment is cataloged in chapters 608 and 891 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 1988 \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 1998, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0700\">700<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0714\">714<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0015\">15<\/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":[{"id":84205,"section_number":"55.1-703","catch_line":"Required disclosures for buyer to beware; buyer to exercise necessary due diligence","order_by":null,"url":"\/55.1-703\/"},{"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":65494,"section_number":"62.1-44.15:78","catch_line":"State agency consistency","order_by":null,"url":"\/62.1-44.15_78\/"}],"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\/"}],"permalink":{"id":269735,"object_type":"law","relational_id":80080,"identifier":"62.1-44.15:74","token":"62.1\/3.1\/2.5\/62.1-44.15_74","url":"\/62.1-44.15_74\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_74\/","token":"62.1\/3.1\/2.5\/62.1-44.15_74","dublin_core":{"Title":"Local governments to designate Chesapeake Bay Preservation Areas; incorporate into local plans and ordinances; impose civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:74","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Counties, cities, and towns in <span class=\"dictionary\">Tidewater Virginia<\/span> shall use the <span class=\"dictionary\">criteria<\/span> developed by the <span class=\"dictionary\">Board<\/span> to determine the extent of the <span class=\"dictionary\">Chesapeake Bay Preservation Area<\/span> within their <span class=\"dictionary\">jurisdictions<\/span>. Designation of <span class=\"dictionary\">Chesapeake Bay Preservation Areas<\/span> shall be accomplished by every county, city, and town in <span class=\"dictionary\">Tidewater Virginia<\/span> not later than 12 months after adoption of <span class=\"dictionary\">criteria<\/span> by the <span class=\"dictionary\">Board<\/span>. <a id=\"paragraph-286741\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_74\/#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> Counties, cities, and towns in <span class=\"dictionary\">Tidewater Virginia<\/span> shall incorporate protection of the quality of <span class=\"dictionary\">state waters<\/span> into each locality&#8217;s comprehensive plan consistent with the provisions of this article. <a id=\"paragraph-286742\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_74\/#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> All counties, cities, and towns in <span class=\"dictionary\">Tidewater Virginia<\/span> shall have zoning <span class=\"dictionary\">ordinances<\/span> that incorporate measures to protect the quality of <span class=\"dictionary\">state waters<\/span> in the <span class=\"dictionary\">Chesapeake Bay Preservation Areas<\/span> consistent with the provisions of this article. Zoning in <span class=\"dictionary\">Chesapeake Bay Preservation Areas<\/span> shall comply with all <span class=\"dictionary\">criteria<\/span> set forth in or established pursuant to &#xA7; <a class=\"law\" title=\"Board to develop criteria\" href=\"\/62.1-44.15_72\/\">62.1-44.15:72<\/a>. <a id=\"paragraph-286743\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_74\/#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> Counties, cities, and towns in <span class=\"dictionary\">Tidewater Virginia<\/span> shall incorporate protection of the quality of <span class=\"dictionary\">state waters<\/span> in <span class=\"dictionary\">Chesapeake Bay Preservation Areas<\/span> into their subdivision <span class=\"dictionary\">ordinances<\/span> consistent with the provisions of this article. Counties, cities, and towns in <span class=\"dictionary\">Tidewater Virginia<\/span> shall ensure that all subdivisions developed pursuant to their subdivision <span class=\"dictionary\">ordinances<\/span> comply with all <span class=\"dictionary\">criteria<\/span> developed by the <span class=\"dictionary\">Board<\/span>. <a id=\"paragraph-286744\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_74\/#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> In addition to any other remedies which may be obtained under any local <span class=\"dictionary\">ordinance<\/span> enacted to protect the quality of <span class=\"dictionary\">state waters<\/span> in <span class=\"dictionary\">Chesapeake Bay Preservation Areas<\/span>, counties, cities, and towns in <span class=\"dictionary\">Tidewater Virginia<\/span> may incorporate the following penalties into their zoning, subdivision, or other <span class=\"dictionary\">ordinances<\/span>: <a id=\"paragraph-286745\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_74\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Any <span class=\"dictionary\">person<\/span> who (i) violates any provision of any such <span class=\"dictionary\">ordinance<\/span> or (ii) violates or fails, neglects, or refuses to obey any local governmental body&#8217;s or official&#8217;s final notice, <span class=\"dictionary\">order<\/span>, <span class=\"dictionary\">rule<\/span>, <span class=\"dictionary\">regulation<\/span>, or variance or permit condition authorized under such <span class=\"dictionary\">ordinance<\/span> shall, upon such <span class=\"dictionary\">finding<\/span> by an appropriate <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>, be assessed a civil <span class=\"dictionary\">penalty<\/span> not to exceed $5,000 for each day of violation. Such civil penalties may, at the discretion of the <span class=\"dictionary\">court<\/span> assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring <span class=\"dictionary\">Chesapeake Bay Preservation Areas<\/span> therein, in such a manner as the <span class=\"dictionary\">court<\/span> may direct by <span class=\"dictionary\">order<\/span>, except that where the violator is the county, city, or town itself, or its agent, the <span class=\"dictionary\">court<\/span> shall direct the <span class=\"dictionary\">penalty<\/span> to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established by &#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-286746\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_74\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> With the consent of any <span class=\"dictionary\">person<\/span> who (i) violates any provision of any local <span class=\"dictionary\">ordinance<\/span> related to the protection of water quality in <span class=\"dictionary\">Chesapeake Bay Preservation Areas<\/span> or (ii) violates or fails, neglects, or refuses to obey any local governmental body&#8217;s or official&#8217;s notice, <span class=\"dictionary\">order<\/span>, <span class=\"dictionary\">rule<\/span>, <span class=\"dictionary\">regulation<\/span>, or variance or permit condition authorized under such <span class=\"dictionary\">ordinance<\/span>, the local government may provide for the issuance of an <span class=\"dictionary\">order<\/span> against such <span class=\"dictionary\">person<\/span> for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation. Such civil charges shall be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring <span class=\"dictionary\">Chesapeake Bay Preservation Areas<\/span> therein, except that where the violator is the county, city, or town itself, or its agent, the civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established by &#xA7; <a class=\"law\" title=\"Stormwater Local Assistance Fund\" href=\"\/62.1-44.15_29.1\/\">62.1-44.15:29.1<\/a>. Civil charges shall be in lieu of any appropriate civil <span class=\"dictionary\">penalty<\/span> that could be imposed under subdivision 1. Civil charges may be in addition to the cost of any restoration required or ordered by the local governmental body or official. <a id=\"paragraph-286747\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_74\/#E2\"><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> Localities that are subject to the provisions of this article may by <span class=\"dictionary\">ordinance<\/span> adopt an <span class=\"dictionary\">appeal<\/span> period for any <span class=\"dictionary\">person<\/span> aggrieved by a decision of a <span class=\"dictionary\">board<\/span> that has been established by the locality to hear cases regarding <span class=\"dictionary\">ordinances<\/span> adopted pursuant to this article. The <span class=\"dictionary\">ordinance<\/span> shall allow the <span class=\"dictionary\">aggrieved party<\/span> a minimum of 30 days from the date of such decision to <span class=\"dictionary\">appeal<\/span> the decision to the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>. <a id=\"paragraph-286748\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_74\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLOCAL GOVERNMENTS TO DESIGNATE CHESAPEAKE BAY PRESERVATION AREAS; INCORPORATE\nINTO LOCAL PLANS AND ORDINANCES; IMPOSE CIVIL PENALTIES (\u00a7 62.1-44.15:74)\n\nA. Counties, cities, and towns in Tidewater Virginia shall use the criteria\ndeveloped by the Board to determine the extent of the Chesapeake Bay\nPreservation Area within their jurisdictions. Designation of Chesapeake Bay\nPreservation Areas shall be accomplished by every county, city, and town in\nTidewater Virginia not later than 12 months after adoption of criteria by the\nBoard.\n\nB. Counties, cities, and towns in Tidewater Virginia shall incorporate\nprotection of the quality of state waters into each locality&#8217;s\ncomprehensive plan consistent with the provisions of this article.\n\nC. All counties, cities, and towns in Tidewater Virginia shall have zoning\nordinances that incorporate measures to protect the quality of state waters in\nthe Chesapeake Bay Preservation Areas consistent with the provisions of this\narticle. Zoning in Chesapeake Bay Preservation Areas shall comply with all\ncriteria set forth in or established pursuant to &#xA7; 62.1-44.15:72.\n\nD. Counties, cities, and towns in Tidewater Virginia shall incorporate\nprotection of the quality of state waters in Chesapeake Bay Preservation Areas\ninto their subdivision ordinances consistent with the provisions of this\narticle. Counties, cities, and towns in Tidewater Virginia shall ensure that all\nsubdivisions developed pursuant to their subdivision ordinances comply with all\ncriteria developed by the Board.\n\nE. In addition to any other remedies which may be obtained under any local\nordinance enacted to protect the quality of state waters in Chesapeake Bay\nPreservation Areas, counties, cities, and towns in Tidewater Virginia may\nincorporate the following penalties into their zoning, subdivision, or other\nordinances:\n\n   1. Any person who (i) violates any provision of any such ordinance or (ii)\n   violates or fails, neglects, or refuses to obey any local governmental\n   body&#8217;s or official&#8217;s final notice, order, rule, regulation, or\n   variance or permit condition authorized under such ordinance shall, upon such\n   finding by an appropriate circuit court, be assessed a civil penalty not to\n   exceed $5,000 for each day of violation. Such civil penalties may, at the\n   discretion of the court assessing them, be directed to be paid into the\n   treasury of the county, city, or town in which the violation occurred for the\n   purpose of abating environmental damage to or restoring Chesapeake Bay\n   Preservation Areas therein, in such a manner as the court may direct by order,\n   except that where the violator is the county, city, or town itself, or its\n   agent, the court shall direct the penalty to be paid into the state treasury\n   and deposited by the State Treasurer into the Stormwater Local Assistance Fund\n   established by &#xA7; 62.1-44.15:29.1.\n\n   2. With the consent of any person who (i) violates any provision of any local\n   ordinance related to the protection of water quality in Chesapeake Bay\n   Preservation Areas or (ii) violates or fails, neglects, or refuses to obey any\n   local governmental body&#8217;s or official&#8217;s notice, order, rule,\n   regulation, or variance or permit condition authorized under such ordinance,\n   the local government may provide for the issuance of an order against such\n   person for the one-time payment of civil charges for each violation in\n   specific sums, not to exceed $10,000 for each violation. Such civil charges\n   shall be paid into the treasury of the county, city, or town in which the\n   violation occurred for the purpose of abating environmental damage to or\n   restoring Chesapeake Bay Preservation Areas therein, except that where the\n   violator is the county, city, or town itself, or its agent, the civil charges\n   shall be paid into the state treasury and deposited by the State Treasurer\n   into the Stormwater Local Assistance Fund established by &#xA7;\n   62.1-44.15:29.1. Civil charges shall be in lieu of any appropriate civil\n   penalty that could be imposed under subdivision 1. Civil charges may be in\n   addition to the cost of any restoration required or ordered by the local\n   governmental body or official.\n\nF. Localities that are subject to the provisions of this article may by\nordinance adopt an appeal period for any person aggrieved by a decision of a\nboard that has been established by the locality to hear cases regarding\nordinances adopted pursuant to this article. The ordinance shall allow the\naggrieved party a minimum of 30 days from the date of such decision to appeal\nthe decision to the circuit court.\n\nHISTORY: 1988, cc. 608, 891, \u00a7 10.1-2109; 1998, cc. 700, 714; 2008, c. 15;\n2013, cc. 756, 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}}