§ 62.1-44.15:39 — Right of entry

Virginia § 62.1-44.15:39

• Jurisdiction: Virginia
• Title 62.1: Waters of the State, Ports and Harbors
• Ch. 3.1: State Water Control Law
• Art. 2.3: Virginia Erosion and Stormwater Management Act (VESMA)

Text

In addition to the Board's authority set forth in § 62.1-44.20, a locality serving as a VESMP authority or as an operator of a regulated municipal separate storm sewer system or any duly authorized agent thereof may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this article. For operators of regulated municipal separate storm sewer systems that are not a locality or any duly authorized agent thereof, this authority shall apply only to those properties from which a discharge enters their municipal separate storm sewer systems.

In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement, a VESMP authority may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by conditions imposed by the VESMP authority on a land-disturbing activity when an owner, after proper notice, has failed to take acceptable action within the time specified.

Legislative History

2004, c. 372, § 10.1-603.12:1; 2011, c. 453; 2012, cc. 785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758; 2025, cc. 723, 724.