                                 CODE OF VIRGINIA

APPROVED PLAN REQUIRED FOR ISSUANCE OF GRADING, BUILDING, OR OTHER PERMITS;
SECURITY FOR PERFORMANCE (§ 62.1-44.15:57)

Agencies authorized under any other law to issue grading, building, or other
permits for activities involving land-disturbing activities regulated under this
article shall not issue any such permit unless the applicant submits with his
application an approved erosion and sediment control plan, certification that
the plan will be followed, and evidence of Virginia Pollutant Discharge
Elimination System permit coverage where it is required. Prior to issuance of
any permit, the agency may also require an applicant to submit a reasonable
performance bond with surety, cash escrow, letter of credit, any combination
thereof, or such other legal arrangement acceptable to the agency, to ensure
that measures could be taken by the agency at the applicant&#8217;s expense
should he fail, after proper notice, within the time specified to initiate or
maintain appropriate conservation action that may be required of him by the
approved plan as a result of his land-disturbing activity. The amount of the
bond or other security for performance shall not exceed the total of the
estimated cost to initiate and maintain appropriate conservation action based on
unit price for new public or private sector construction in the locality and a
reasonable allowance for estimated administrative costs and inflation, which
shall not exceed 25 percent of the estimated cost of the conservation action. If
the agency takes such conservation action upon such failure by the permittee,
the agency may collect from the permittee the difference should the amount of
the reasonable cost of such action exceed the amount of the security held.
Within 60 days of the achievement of adequate stabilization of the
land-disturbing activity in any project or section thereof, the bond, cash
escrow, letter of credit, or other legal arrangement, or the unexpended or
unobligated portion thereof, shall be refunded to the applicant or terminated
based upon the percentage of stabilization accomplished in the project or
section thereof. These requirements are in addition to all other provisions of
law relating to the issuance of such permits and are not intended to otherwise
affect the requirements for such permits.

HISTORY: 1973, c. 486, § 21-89.7; 1980, c. 35; 1988, cc. 694, 891, § 10.1-565;
1996, c. 275; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758.