VirginiaHB13502026 Regular SessionHouse

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

Sponsored By: Hillary Pugh Kent (Republican)

Signed by Governor

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

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

Higher civil penalties for erosion violations

Authorized Virginia localities can adopt civil penalties for violations of erosion rules, local program requirements, and land-disturbance approvals. The minimum is $100, and the maximum per violation rises from $1,000 to $32,500. Each day of a continuing violation counts as a separate offense. The total cap for violations arising from the same facts rises from $10,000 to $32,500. Special limits apply to work disturbing at least 10,000 square feet but less than one acre. That work must be outside a Chesapeake Bay Preservation Area. It also cannot be part of a larger development or sale plan disturbing one acre or more. For qualifying work, the caps are $5,000 per violation and $50,000 for violations arising from the same facts. These penalties are also available to the state Board in its enforcement actions.

Higher environmental order penalties for violators

Virginia raises the maximum civil penalty in an administrative special order from $10,000 to $32,500. These orders apply to a specific party and can last no more than 12 months. The higher ceiling increases the possible cost for parties facing these orders.

Local erosion programs oversee work and fees

Virginia localities without a combined erosion and stormwater management program must administer an erosion and sediment control program. Towns can share administration through agreements with other localities. Program authorities can contract with conservation districts, nearby localities, or public or private groups. That help can cover plan reviews, monitoring, reporting, inspections, and enforcement. The state Board must approve local programs adopted by ordinance that meet state law and regulations. Approved programs must coordinate approvals with flood insurance, floodplain management, and other required programs before land-disturbing work is authorized. The Board can review compliance, and the Board or Department of Environmental Quality can require program information. Local authorities can charge applicants reasonable fees reflecting services and program costs, after holding hearings on the fee schedule. The law also defines environmental justice as fair treatment and meaningful involvement for everyone in environmental laws, rules, and policies.

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

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • 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. Approved by Governor-Chapter 467 (effective 7/1/2026)

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

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

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

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

    3/9/2026House
  7. Enrolled

    3/9/2026House
  8. Signed by President

    3/9/2026Senate
  9. Signed by Speaker

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

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

    2/27/2026Senate
  12. Read third time

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

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

    2/26/2026Senate
  15. Rules suspended

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

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

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

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

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

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

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

    2/9/2026House
  23. Read second time

    2/9/2026House
  24. Read first time

    2/6/2026House
  25. Committee substitute printed 26106778D-H1

    2/5/2026House

Bill Text

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