{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.29.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.29.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.29.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.29.html"}],"law_id":73113,"edition_id":1,"section_id":73113,"structure_id":14184,"section_number":"62.1-44.29","catch_line":"Judicial review","history":"1970, c. 638; 1986, c. 615; 1996, c. 1032; 2000, cc. 1032, 1054; 2007, c. 659; 2016, cc. 68, 758.","full_text":"Any owner aggrieved by or any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Board under subdivision (5), (8a), (8b), (8c), or (19) of \u00a7 62.1-44.15 or \u00a7 62.1-44.15:20, 62.1-44.15:21, 62.1-44.15:22, 62.1-44.15:23, 62.1-44.16, 62.1-44.17, 62.1-44.19, or 62.1-44.25, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (\u00a7 2.2-4000 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the United States Constitution. A person shall be deemed to meet such standard if (i) such person has suffered an actual or imminent injury which is an invasion of a legally protected interest and which is concrete and particularized; (ii) such injury is fairly traceable to the decision of the Board and not the result of the independent action of some third party not before the court; and (iii) such injury will likely be redressed by a favorable decision by the court.","order_by":null,"text":{"0":{"id":263268,"text":"Any owner aggrieved by or any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Board under subdivision (5), (8a), (8b), (8c), or (19) of \u00a7 62.1-44.15 or \u00a7 62.1-44.15:20, 62.1-44.15:21, 62.1-44.15:22, 62.1-44.15:23, 62.1-44.16, 62.1-44.17, 62.1-44.19, or 62.1-44.25, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (\u00a7 2.2-4000 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the United States Constitution. A person shall be deemed to meet such standard if (i) such person has suffered an actual or imminent injury which is an invasion of a legally protected interest and which is concrete and particularized; (ii) such injury is fairly traceable to the decision of the Board and not the result of the independent action of some third party not before the court; and (iii) such injury will likely be redressed by a favorable decision by the court.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14184,"edition_id":1,"name":"Enforcement and Appeal Procedure","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:47:10","date_modified":"2026-06-26 03:47:10","permalink":{"id":269963,"object_type":"structure","relational_id":14184,"identifier":"5","token":"62.1\/3.1\/5","url":"\/62.1\/3.1\/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":57878,"structure_id":14184,"section_number":"62.1-44.20","catch_line":"Right to entry to obtain information, etc","url":"\/62.1-44.20\/","token":"62.1\/3.1\/5\/62.1-44.20","metadata":false},{"id":69438,"structure_id":14184,"section_number":"62.1-44.21","catch_line":"Information to be furnished to Board","url":"\/62.1-44.21\/","token":"62.1\/3.1\/5\/62.1-44.21","metadata":false},{"id":64978,"structure_id":14184,"section_number":"62.1-44.22","catch_line":"Private actions","url":"\/62.1-44.22\/","token":"62.1\/3.1\/5\/62.1-44.22","metadata":false},{"id":77684,"structure_id":14184,"section_number":"62.1-44.23","catch_line":"Enforcement by injunction, etc","url":"\/62.1-44.23\/","token":"62.1\/3.1\/5\/62.1-44.23","metadata":false},{"id":80810,"structure_id":14184,"section_number":"62.1-44.23:1","catch_line":"Intervention of Commonwealth in actions involving surface water withdrawals","url":"\/62.1-44.23_1\/","token":"62.1\/3.1\/5\/62.1-44.23_1","metadata":false},{"id":55361,"structure_id":14184,"section_number":"62.1-44.24","catch_line":"Testing validity of regulations; judicial review","url":"\/62.1-44.24\/","token":"62.1\/3.1\/5\/62.1-44.24","metadata":false},{"id":71038,"structure_id":14184,"section_number":"62.1-44.25","catch_line":"Right to hearing","url":"\/62.1-44.25\/","token":"62.1\/3.1\/5\/62.1-44.25","metadata":false},{"id":85595,"structure_id":14184,"section_number":"62.1-44.26","catch_line":"Hearings","url":"\/62.1-44.26\/","token":"62.1\/3.1\/5\/62.1-44.26","metadata":false},{"id":81230,"structure_id":14184,"section_number":"62.1-44.27","catch_line":"Rules of evidence in hearings","url":"\/62.1-44.27\/","token":"62.1\/3.1\/5\/62.1-44.27","metadata":false},{"id":72265,"structure_id":14184,"section_number":"62.1-44.28","catch_line":"Decisions of the Board in hearings pursuant to \u00a7\u00a7 62.1-44.15 and 62.1-44.25","url":"\/62.1-44.28\/","token":"62.1\/3.1\/5\/62.1-44.28","metadata":false},{"id":73113,"structure_id":14184,"section_number":"62.1-44.29","catch_line":"Judicial review","url":"\/62.1-44.29\/","token":"62.1\/3.1\/5\/62.1-44.29","metadata":false},{"id":64666,"structure_id":14184,"section_number":"62.1-44.30","catch_line":"Appeal to Court of Appeals","url":"\/62.1-44.30\/","token":"62.1\/3.1\/5\/62.1-44.30","metadata":false}],"previous_section":{"id":72265,"structure_id":14184,"section_number":"62.1-44.28","catch_line":"Decisions of the Board in hearings pursuant to \u00a7\u00a7 62.1-44.15 and 62.1-44.25","url":"\/62.1-44.28\/","token":"62.1\/3.1\/5\/62.1-44.28","metadata":false},"next_section":{"id":64666,"structure_id":14184,"section_number":"62.1-44.30","catch_line":"Appeal to Court of Appeals","url":"\/62.1-44.30\/","token":"62.1\/3.1\/5\/62.1-44.30","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.29\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 638 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 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 615; in 1996, chapter 1032<\/a>; in 2000, chapters 1032<\/a> and 1054<\/a>; in 2007, chapter 659<\/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":86790,"section_number":"62.1-44.15:46","catch_line":"Appeals","order_by":null,"url":"\/62.1-44.15_46\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":82929,"section_number":"62.1-44.15:20","catch_line":"Virginia Water Protection Permit","order_by":null,"url":"\/62.1-44.15_20\/"},{"id":64181,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","order_by":null,"url":"\/62.1-44.15_21\/"},{"id":80548,"section_number":"62.1-44.15:22","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Water withdrawals and preservation of instream flow","order_by":null,"url":"\/62.1-44.15_22\/"},{"id":64474,"section_number":"62.1-44.15:23","catch_line":"Wetland and stream mitigation banks","order_by":null,"url":"\/62.1-44.15_23\/"},{"id":75714,"section_number":"62.1-44.16","catch_line":"Industrial wastes","order_by":null,"url":"\/62.1-44.16\/"},{"id":78362,"section_number":"62.1-44.17","catch_line":"Other wastes","order_by":null,"url":"\/62.1-44.17\/"},{"id":76286,"section_number":"62.1-44.19","catch_line":"Approval of sewerage systems and sewage treatment works","order_by":null,"url":"\/62.1-44.19\/"},{"id":71038,"section_number":"62.1-44.25","catch_line":"Right to hearing","order_by":null,"url":"\/62.1-44.25\/"}],"permalink":{"id":270005,"object_type":"law","relational_id":73113,"identifier":"62.1-44.29","token":"62.1\/3.1\/5\/62.1-44.29","url":"\/62.1-44.29\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.29\/","token":"62.1\/3.1\/5\/62.1-44.29","dublin_core":{"Title":"Judicial review","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.29","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any owner<\/span> aggrieved by or any person<\/span> who has participated, in person<\/span> or by submittal of written comments, in the public comment process related to a final decision of the Board<\/span> under subdivision (5), (8a), (8b), (8c), or (19) of \u00a7 62.1-44.15<\/a> or \u00a7 62.1-44.15:20<\/a>, 62.1-44.15:21<\/a>, 62.1-44.15:22<\/a>, 62.1-44.15:23<\/a>, 62.1-44.16<\/a>, 62.1-44.17<\/a>, 62.1-44.19<\/a>, or 62.1-44.25<\/a>, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (\u00a7 2.2-4000<\/a> et seq.) if such person<\/span> meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the United States Constitution. A person<\/span> shall be deemed to meet such standard if (i) such person<\/span> has suffered an actual or imminent injury which is an invasion of a legally protected interest and which is concrete and particularized; (ii) such injury is fairly traceable to the decision of the Board<\/span> and not the result of the independent action of some third party<\/span> not before the court<\/span>; and (iii) such injury will likely be redressed by a favorable decision by the court<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJUDICIAL REVIEW (\u00a7 62.1-44.29)\n\nAny owner aggrieved by or any person who has participated, in person or by\nsubmittal of written comments, in the public comment process related to a final\ndecision of the Board under subdivision (5), (8a), (8b), (8c), or (19) of \u00a7\n62.1-44.15 or \u00a7 62.1-44.15:20, 62.1-44.15:21, 62.1-44.15:22, 62.1-44.15:23,\n62.1-44.16, 62.1-44.17, 62.1-44.19, or 62.1-44.25, whether such decision is\naffirmative or negative, is entitled to judicial review thereof in accordance\nwith the provisions of the Administrative Process Act (\u00a7 2.2-4000 et seq.) if\nsuch person meets the standard for obtaining judicial review of a case or\ncontroversy pursuant to Article III of the United States Constitution. A person\nshall be deemed to meet such standard if (i) such person has suffered an actual\nor imminent injury which is an invasion of a legally protected interest and\nwhich is concrete and particularized; (ii) such injury is fairly traceable to\nthe decision of the Board and not the result of the independent action of some\nthird party not before the court; and (iii) such injury will likely be redressed\nby a favorable decision by the court.\n\nHISTORY: 1970, c. 638; 1986, c. 615; 1996, c. 1032; 2000, cc. 1032, 1054; 2007,\nc. 659; 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}}