VirginiaHB13502026 Regular SessionHouseWALLET

Virginia Erosion and Sediment Control Program; assessment for violations, etc., civil penalties.

Sponsored By: Hillary Pugh Kent (Republican)

Became Law

Summary

Department of Environmental Quality; special orders; Virginia Erosion and Sediment Control Program; civil penalties. Increases the maximum civil penalty amount that the Director of the Department of Environmental Quality may assess for any special order to a person to comply with certain related laws, regulations, permits, and certifications from $10,000 to $32,500. The bill increases from $1,000 to $32,500 the maximum civil penalty that a locality authorized to administer a Virginia Erosion and Sediment Control Program is able to collect for any one violation of certain regulations, orders, ordinances, program provisions, conditions of land-disturbance approvals, and provisions of state law. The bill also provides, however, that for a land-disturbing activity that (i) disturbs an area measuring at least 10,000 square feet but less than one acre in an area not designated as a Chesapeake Bay Preservation Area and (ii) is not part of a larger common plan of development or sale that disturbs one or more acres of land, the civil penalty shall not exceed $5,000 for each violation, and a series of violations arising from the same set of facts shall not exceed $50,000.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Bigger fines for erosion-control violations

The law raises the top civil penalty for a single erosion-control violation to $32,500 and keeps the $100 minimum. Each day a violation continues counts as a separate offense. Total penalties for a related series can reach $32,500. DEQ special orders can last up to 12 months and include fines up to $32,500. Localities can adopt ordinances to impose these penalties, and the State Water Control Board can seek the same amounts. For small projects that disturb at least 10,000 sq ft but less than one acre, outside Chesapeake Bay Preservation Areas and not part of a larger plan, fines are capped at $5,000 per violation and $50,000 per series.

Localities must run erosion programs

Local governments that do not set up a combined erosion and stormwater program must run a local erosion and sediment control program. A town may have its county run the town’s program by agreement. Program authorities can also contract with soil and water districts, nearby localities, or private firms for plan review, monitoring, inspections, and enforcement.

Stronger state oversight of erosion programs

Local erosion programs that match state rules must be approved by the State Water Control Board. Programs must coordinate with floodplain and flood insurance rules so plan reviews, fees, and inspections line up. The Board will review local programs for compliance and can require information from localities.

Local fees for erosion-control reviews

Local program authorities can charge application fees to cover program costs. They must hold a public hearing before setting a fee schedule. Fees must match the time, skill, and expenses for the service.

Sponsors & Cosponsors

Sponsor

  • Hillary Pugh Kent

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 202 • No: 22

Senate vote 3/2/2026

Passed Senate

Yes: 22 • No: 18

Senate vote 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/24/2026

Reported from Agriculture, Conservation and Natural Resources

Yes: 10 • No: 4

House vote 2/10/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 2/4/2026

Reported from Agriculture, Chesapeake and Natural Resources with substitute

Yes: 22 • No: 0

House vote 2/2/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0467)

    4/8/2026Governor
  2. Acts of Assembly Chapter text (CHAP0467)

    4/8/2026Governor
  3. Approved by Governor-Chapter 467 (effective 7/1/2026)

    4/8/2026Governor
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  5. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  6. Fiscal Impact Statement from Department of Planning and Budget (HB1350)

    3/9/2026House
  7. Bill text as passed House and Senate (HB1350ER)

    3/9/2026House
  8. Enrolled

    3/9/2026House
  9. Signed by President

    3/9/2026Senate
  10. Signed by Speaker

    3/9/2026House
  11. Passed Senate (22-Y 18-N 0-A)

    3/2/2026Senate
  12. Passed by for the day

    2/27/2026Senate
  13. Read third time

    2/27/2026Senate
  14. Passed by for the day Block Vote (Voice Vote)

    2/26/2026Senate
  15. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/26/2026Senate
  16. Rules suspended

    2/26/2026Senate
  17. Assigned HACNR sub: Water Usage

    2/24/2026Senate
  18. Reported from Agriculture, Conservation and Natural Resources (10-Y 4-N)

    2/24/2026Senate
  19. Referred to Committee on Agriculture, Conservation and Natural Resources

    2/11/2026Senate
  20. Constitutional reading dispensed (on 1st reading)

    2/11/2026Senate
  21. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/10/2026House
  22. Engrossed by House - committee substitute

    2/9/2026House
  23. committee substitute agreed to

    2/9/2026House
  24. Read second time

    2/9/2026House
  25. Read first time

    2/6/2026House

Bill Text

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