                                 CODE OF VIRGINIA

TEMPORARY STOP WORK ORDER; HEARING; INJUNCTIVE RELIEF (§ 10.1-612.1)

A. The Director may issue a temporary stop work order on a construction or
alteration project if he finds that an owner is constructing or altering a dam
without having first obtained the necessary certificate of approval, or if the
activities are not in accordance with approved plans and specifications. The
order shall include written notice to the owner of the date, time, and location
where the owner may appear at a hearing before the Board or a designated member
thereof pursuant to &#xA7; 2.2-4019 to show cause why the temporary order should
be vacated. The hearing shall be held within 30 calendar days of the date of the
order, unless the owner consents to a longer period.

B. Following the hearing, the Board may affirm or cancel the temporary order and
may issue a final order directing that immediate steps be taken to abate or
ameliorate any harm or damage arising from the violation. The owner may seek
judicial review of the final decision of the Board pursuant to the provisions of
the Administrative Process Act (&#xA7; 2.2-4000 et seq.).

C. If the violation continues after the Board has issued a final decision and
order pursuant to subsection B or a temporary order issued by the Director
pursuant to subsection A, the Board may apply for an injunction from the
appropriate court. A decision to seek injunctive relief does not preclude other
forms of relief, enforcement, or penalties against the owner.

HISTORY: 2006, c. 30; 2025, cc. 228, 241.