Bill > SB1093

This bill modifies the Virginia Erosion and Stormwater Management Program (VESMP) right of entry provisions by expanding the authority of localities to enter properties for investigation and enforcement purposes. Specifically, the bill removes previous restrictions that limited entry only to properties from which a storm sewer discharge originates, now allowing localities operating regulated municipal separate storm sewer systems (MS4s) to enter any establishment or property at reasonable times for obtaining information or conducting surveys related to stormwater management. However, the bill maintains a more restrictive approach for MS4 operators that are not localities, limiting their right of entry to only those properties from which a discharge enters their storm sewer system. The bill preserves existing provisions that allow VESMP authorities to enter properties when an owner has failed to take required actions after proper notice, using mechanisms like performance bonds or cash escrow to ensure compliance. This change aims to provide local governments with more flexibility in monitoring and enforcing stormwater management regulations.

Agriculture and Natural Resources

https://lis.virginia.gov/bill-details/20251/SB1093