VirginiaHB1292026 Regular SessionHouseWALLET

Deer; permit may be issued to kill if damaging residential plants and certain property.

Sponsored By: Mitchell Cornett (Republican)

Became Law

Summary

Killing of deer damaging residential plants and certain property. Allows the Director of the Department of Wildlife Resources or his designee to issue a permit to kill a limited number of antlered deer when such deer cause damage to residential plants and the Director or his designee determines, upon inspection, that there is clear and convincing evidence that the damage was done by antlered deer. Upon a landowner or lessee's request, the bill also requires the Director or his designee to issue a permit to kill antlerless deer on commercial agricultural production lands when such deer cause damage to fruit trees, Christmas trees, crops, horticultural plants, or personal property utilized for commercial agricultural production within the Commonwealth. When such damage is caused by antlered deer, the bill requires the Director or his designee to issue a permit to kill a limited number of antlered deer if the Director or his designee determines that there is clear and convincing evidence that the damage was done by antlered deer. The bill also changes the extent to which a person can assist in hunting when his hunting license has been revoked or suspended in the Commonwealth by prohibiting such person from assisting in hunting until the hunting restriction has been lifted. Current law allows such a person to assist in hunting after a certain period of time.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Farms get stronger deer damage permits

On commercial farms, the Department issues antlerless-deer permits on request, without a set number, when deer damage fruit trees, crops, or other production plants. After inspection, it also issues limited permits for antlered deer and may authorize killing deer, elk, or bear on the damaged land. Permits end each December 31; reissue is simple once you report last year’s kill and confirm your details. The Department may require nonlethal steps instead for elk or bear within a reasonable time. All permit holders must follow local ordinances, including firearm rules.

Remove wildlife hazards to aircraft

Airport and facility operators can report wildlife hazards. If the Director confirms a hazard after investigation, those responsible are authorized to kill the wildlife creating the hazard. Federally protected species are not included.

Local deer control and traffic safety

A city, town, or a county with a special late antlerless season can ask by certified letter to allow killing deer over bait. The Director may approve this for that locality. Inside city or town limits, if a driver or the chief law officer reports a deer traffic hazard and the Director confirms it, responsible people may be authorized to kill the deer creating the hazard.

Homeowner permits to stop deer damage

Homeowners can get a written permit to kill antlerless deer that damage yard or garden plants. The Department may allow a limited number of antlered deer only after inspection and clear, convincing evidence they caused the damage. On parcels five acres or less, the Department decides whether to issue a permit and may limit how many deer, how long, and the hours, including barring activity from 11:00 p.m. to a half hour before sunrise near homes. A fee (no more than actual cost) can apply, and you must follow local firearm and other local ordinances. If you seek a new permit after a prior one, you must show the land was hunted in the meantime (unless your locality runs a Department‑authorized deer control program); in places with a herd‑reduction plan, owners who report damage can be authorized to kill deer with set limits.

Rules, penalties, and appeals for permits

The Department can revoke or deny reissue of an authorization if abuse is proven by a preponderance of evidence; complaints can count as evidence. Anyone harmed by an issuance, denial, or revocation can appeal to the Department. People with hunting or trapping convictions can get authorizations but cannot act as a designated shooter or assist for two to five years; no designation is allowed while a license is suspended or revoked. Parts from authorized kills cannot be used for taxidermy or public display without approval; meat may be used, and carcasses and unused meat must be disposed of within 24 hours. It is illegal to willfully block someone lawfully killing under an authorization; violations are Class 3 misdemeanors.

Sponsors & Cosponsors

Sponsor

  • Mitchell Cornett

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 295 • No: 27

House vote 3/10/2026

Senate substitute agreed to by House

Yes: 91 • No: 8

Senate vote 3/9/2026

Agriculture, Conservation and Natural Resources Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/9/2026

Passed Senate with substitute

Yes: 33 • No: 7

Senate vote 3/5/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 3/5/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/3/2026

Reported from Agriculture, Conservation and Natural Resources with substitute

Yes: 13 • No: 2

House vote 2/10/2026

Read third time and passed House

Yes: 88 • No: 9

House vote 2/4/2026

Reported from Agriculture, Chesapeake and Natural Resources with substitute

Yes: 21 • No: 1

House vote 1/28/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0912)

    4/13/2026Governor
  2. Approved by Governor-Chapter 912 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB129)

    4/2/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB129ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Senate substitute agreed to by House (91-Y 8-N 0-A)

    3/10/2026House
  11. Passed Senate with substitute (33-Y 7-N 0-A)

    3/9/2026Senate
  12. Agriculture, Conservation and Natural Resources Substitute agreed to

    3/9/2026Senate
  13. Engrossed by Senate - committee substitute

    3/9/2026Senate
  14. Read third time

    3/9/2026Senate
  15. Fiscal Impact Statement from Department of Planning and Budget (HB129)

    3/6/2026House
  16. Passed by for the day Block Vote (Voice Vote)

    3/6/2026Senate
  17. Passed by for the day Block Vote (Voice Vote)

    3/5/2026Senate
  18. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/5/2026Senate
  19. Rules suspended

    3/5/2026Senate
  20. Substitute bill reprinted 26108431D

    3/4/2026Senate
  21. Committee substitute printed 26108431D-S1

    3/4/2026Senate
  22. Reported from Agriculture, Conservation and Natural Resources with substitute (13-Y 2-N)

    3/3/2026Senate
  23. Assigned HACNR sub: Rural Affairs

    2/25/2026Senate
  24. Senate subcommittee offered

    2/24/2026Senate
  25. Fiscal Impact Statement from Department of Planning and Budget (HB129)

    2/11/2026House

Bill Text

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