A BILL to amend and reenact § 62.1-44.15:39 of the Code of Virginia, relating to Virginia Erosion and Stormwater Management Program authority; right of entry; performance bond.
HB1436 amends Virginia’s erosion and stormwater management law to clarify and expand the right of entry for local Virginia Erosion and Stormwater Management Program (VESMP) authorities and certain municipal separate storm sewer system (MS4) operators. Under the bill, these entities may enter public or private property at reasonable times and under reasonable circumstances to gather information or conduct surveys and investigations needed to enforce the law. For MS4 operators that are not localities, the entry authority is limited to properties from which a discharge enters their storm sewer systems.
The bill also revises language concerning post-notice enforcement on land-disturbing activities. It provides that, when a performance bond, surety, cash escrow, letter of credit, or other legal arrangement is in place, a VESMP authority may enter property to initiate or maintain corrective actions required by conditions imposed on the activity if the owner fails to take acceptable action within the specified time after proper notice. The amendment appears intended to strengthen administrative enforcement tools for erosion and stormwater compliance.
HB1436 would amend § 62.1-44.15:39 of the Code of Virginia, affecting the statutory authority of VESMP authorities and certain MS4 operators to enter property for inspection, investigation, and enforcement purposes. It would also clarify that VESMP authorities may use entry rights tied to performance bonds or similar financial assurances to carry out required corrective actions when a landowner does not comply after notice. The practical effect is to broaden and specify enforcement mechanisms for local stormwater and erosion control programs and for regulated storm sewer operators.
The available legislative history suggests a neutral-to-supportive posture, but with limited recorded debate. The bill was referred to the Agriculture, Chesapeake and Natural Resources Committee and was continued to the next session by voice vote, indicating it did not advance immediately but also did not face a recorded roll-call opposition. Because there are no committee transcripts or recorded votes, the overall sentiment can only be inferred from the bill’s procedural handling and its technical enforcement focus.
The main area of potential contention is the scope of government entry onto private property for enforcement purposes, especially where the bill authorizes access to public or private land to conduct investigations or to perform corrective actions after an owner fails to act. Property rights concerns may arise from the expanded or clarified inspection authority, while localities and environmental regulators are likely to support the bill as a tool for enforcing erosion and stormwater requirements. The limitation for non-local MS4 operators to properties that discharge into their systems may reflect an attempt to narrow that authority and address overreach concerns.