                                 CODE OF VIRGINIA

LOCAL GOVERNMENTS TO DESIGNATE CHESAPEAKE BAY PRESERVATION AREAS; INCORPORATE
INTO LOCAL PLANS AND ORDINANCES; IMPOSE CIVIL PENALTIES (§ 62.1-44.15:74)

A. 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.

B. 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.

C. 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.

D. 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.

E. 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:

   1. 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.

   2. 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.

F. 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.

HISTORY: 1988, cc. 608, 891, § 10.1-2109; 1998, cc. 700, 714; 2008, c. 15;
2013, cc. 756, 793; 2016, cc. 68, 758.