{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/28.2-1317.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/28.2-1317.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/28.2-1317.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/28.2-1317.html"}],"law_id":356500,"edition_id":2,"section_id":356500,"structure_id":51019,"section_number":"28.2-1317","catch_line":"Monitoring, inspections, compliance, and restoration","history":"1987, c. 436, \u00a7 62.1-13.16:1; 1990, c. 811; 1992, c. 836.","full_text":"A\n\nThe Commissioner or board chairman may require a permittee to implement monitoring and reporting procedures they believe are reasonably necessary to ensure compliance with the provisions of the permit and this chapter.\n\nB\n\nThe Commissioner or board chairman may require such on-site inspections as he believes are reasonably necessary to determine whether the measures required by the permit are being properly performed, or whether the provisions of this chapter are being violated. Prior to conducting any inspection, the Commissioner or board chairman shall provide notice to the resident owner, occupier, or operator, who shall be given an opportunity to accompany the site inspector. If it is determined that there is a failure to comply with the permit, the Commissioner or board chairman shall serve notice upon the permittee at the address specified in his permit application or by delivery at the site of the permitted activities to the person supervising those activities and designated in the permit to receive the notice. The notice shall describe the measures needed for compliance and the time within which these measures shall be completed. Failure of the person to comply within the specified period is a violation of this section.\n\nC\n\nUpon receipt of a sworn complaint of a substantial violation of this chapter from the designated enforcement officer, the Commissioner or board chairman may, in conjunction with or subsequent to a notice to comply as specified in subsection B of this section, issue an order requiring all or part of the activities on the site to be stopped until the specified corrective measures have been taken. In the case of an activity not authorized under this chapter or where the alleged permit noncompliance is causing, or is in imminent danger of causing, significant harm to the wetlands protected by this chapter, the order may be issued without regard to whether the person has been issued a notice to comply pursuant to subsection B of this section. Otherwise, the order may be issued only after the permittee has failed to comply with the notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the enforcing authority, permittee, resident owner, occupier, or operator for appropriate relief to the circuit court of the jurisdiction where the violation was alleged to have occurred. Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the Commissioner or board chairman from taking any other action specified in § 28.2-1316.\n\nD\n\nUpon receipt of a sworn complaint of a substantial violation of this chapter from a designated enforcement officer, the Commission or a wetlands board may order that the affected site be restored to predevelopment conditions if the Commission or board finds that restoration is necessary to recover lost resources or to prevent further damage to resources. The order shall specify the restoration necessary and establish a reasonable time for its completion. The order shall be issued only after a hearing with at least thirty days’ notice to the affected person of the hearing’s time, place, and purpose, and shall become effective immediately upon issuance by the Commission or board. The Commission or board shall require any scientific monitoring plan they believe necessary to ensure the successful reestablishment of wetlands protected by this chapter and may require that a prepaid contract acceptable to the Commission or board be in effect for the purpose of carrying out the scientific monitoring plan. The Commission or board may also require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it securing to the Commonwealth compliance with the conditions set forth in the restoration order. The appropriate court, upon petition by the Commission or board, may enforce any such restoration order by injunction, mandamus, or other appropriate remedy. Failure to complete the required restoration is a violation of this chapter.\n\nE\n\nThe duties of the Commissioner or the board chairman under this section may be delegated to their respective designees; however, these designees shall not be designated enforcement officers.\n\n","order_by":null,"text":{"0":{"id":1327288,"text":"The Commissioner or board chairman may require a permittee to implement monitoring and reporting procedures they believe are reasonably necessary to ensure compliance with the provisions of the permit and this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1327289,"text":"The Commissioner or board chairman may require such on-site inspections as he believes are reasonably necessary to determine whether the measures required by the permit are being properly performed, or whether the provisions of this chapter are being violated. Prior to conducting any inspection, the Commissioner or board chairman shall provide notice to the resident owner, occupier, or operator, who shall be given an opportunity to accompany the site inspector. If it is determined that there is a failure to comply with the permit, the Commissioner or board chairman shall serve notice upon the permittee at the address specified in his permit application or by delivery at the site of the permitted activities to the person supervising those activities and designated in the permit to receive the notice. The notice shall describe the measures needed for compliance and the time within which these measures shall be completed. Failure of the person to comply within the specified period is a violation of this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1327290,"text":"Upon receipt of a sworn complaint of a substantial violation of this chapter from the designated enforcement officer, the Commissioner or board chairman may, in conjunction with or subsequent to a notice to comply as specified in subsection B of this section, issue an order requiring all or part of the activities on the site to be stopped until the specified corrective measures have been taken. In the case of an activity not authorized under this chapter or where the alleged permit noncompliance is causing, or is in imminent danger of causing, significant harm to the wetlands protected by this chapter, the order may be issued without regard to whether the person has been issued a notice to comply pursuant to subsection B of this section. Otherwise, the order may be issued only after the permittee has failed to comply with the notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the enforcing authority, permittee, resident owner, occupier, or operator for appropriate relief to the circuit court of the jurisdiction where the violation was alleged to have occurred. Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the Commissioner or board chairman from taking any other action specified in § 28.2-1316.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1327291,"text":"Upon receipt of a sworn complaint of a substantial violation of this chapter from a designated enforcement officer, the Commission or a wetlands board may order that the affected site be restored to predevelopment conditions if the Commission or board finds that restoration is necessary to recover lost resources or to prevent further damage to resources. The order shall specify the restoration necessary and establish a reasonable time for its completion. The order shall be issued only after a hearing with at least thirty days’ notice to the affected person of the hearing’s time, place, and purpose, and shall become effective immediately upon issuance by the Commission or board. The Commission or board shall require any scientific monitoring plan they believe necessary to ensure the successful reestablishment of wetlands protected by this chapter and may require that a prepaid contract acceptable to the Commission or board be in effect for the purpose of carrying out the scientific monitoring plan. The Commission or board may also require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it securing to the Commonwealth compliance with the conditions set forth in the restoration order. The appropriate court, upon petition by the Commission or board, may enforce any such restoration order by injunction, mandamus, or other appropriate remedy. Failure to complete the required restoration is a violation of this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1327292,"text":"The duties of the Commissioner or the board chairman under this section may be delegated to their respective designees; however, these designees shall not be designated enforcement officers.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":51019,"edition_id":2,"name":"Enforcement and Penalties","identifier":"4","label":"article","depth":4,"order_by":4,"parent_id":51015,"metadata":{"child_laws":5,"child_structures":0},"date_created":"2026-08-02 02:36:12","date_modified":"2026-08-02 12:31:48","permalink":{"id":1419069,"object_type":"structure","relational_id":51019,"identifier":"4","token":"28.2\/III\/13\/4","url":"\/28.2\/III\/13\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51015,"edition_id":2,"name":"Wetlands","identifier":"13","label":"chapter","depth":3,"order_by":2,"parent_id":51008,"metadata":{"child_laws":21,"child_structures":4},"date_created":"2026-08-02 02:36:10","date_modified":"2026-08-02 12:31:48","permalink":{"id":1418997,"object_type":"structure","relational_id":51015,"identifier":"13","token":"28.2\/III\/13","url":"\/28.2\/III\/13\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51008,"edition_id":2,"name":"Habitat","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":50994,"metadata":{"child_laws":78,"child_structures":19},"date_created":"2026-08-02 02:36:08","date_modified":"2026-08-02 12:31:47","permalink":{"id":1418917,"object_type":"structure","relational_id":51008,"identifier":"III","token":"28.2\/III","url":"\/28.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50994,"edition_id":2,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":70,"parent_id":null,"metadata":{"child_laws":386,"child_structures":71},"date_created":"2026-08-02 02:36:05","date_modified":"2026-08-02 12:31:41","permalink":{"id":1417591,"object_type":"structure","relational_id":50994,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":356499,"structure_id":51019,"section_number":"28.2-1316","catch_line":"Investigations and prosecutions","url":"\/28.2-1316\/","token":"28.2\/III\/13\/4\/28.2-1316","metadata":false},{"id":356500,"structure_id":51019,"section_number":"28.2-1317","catch_line":"Monitoring, inspections, compliance, and restoration","url":"\/28.2-1317\/","token":"28.2\/III\/13\/4\/28.2-1317","metadata":false},{"id":356501,"structure_id":51019,"section_number":"28.2-1318","catch_line":"Violations; penalty","url":"\/28.2-1318\/","token":"28.2\/III\/13\/4\/28.2-1318","metadata":false},{"id":356502,"structure_id":51019,"section_number":"28.2-1319","catch_line":"Injunctions","url":"\/28.2-1319\/","token":"28.2\/III\/13\/4\/28.2-1319","metadata":false},{"id":356503,"structure_id":51019,"section_number":"28.2-1320","catch_line":"Penalties","url":"\/28.2-1320\/","token":"28.2\/III\/13\/4\/28.2-1320","metadata":false}],"previous_section":{"id":356499,"structure_id":51019,"section_number":"28.2-1316","catch_line":"Investigations and prosecutions","url":"\/28.2-1316\/","token":"28.2\/III\/13\/4\/28.2-1316","metadata":false},"next_section":{"id":356501,"structure_id":51019,"section_number":"28.2-1318","catch_line":"Violations; penalty","url":"\/28.2-1318\/","token":"28.2\/III\/13\/4\/28.2-1318","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1317\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 436 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 811; in 1992, chapter 836.<\/p>","references":false,"refers_to":[{"id":356499,"section_number":"28.2-1316","catch_line":"Investigations and prosecutions","order_by":null,"url":"\/28.2-1316\/"}],"permalink":{"id":1419075,"object_type":"law","relational_id":356500,"identifier":"28.2-1317","token":"28.2\/III\/13\/4\/28.2-1317","url":"\/28.2-1317\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/28.2-1317\/","token":"28.2\/III\/13\/4\/28.2-1317","dublin_core":{"Title":"Monitoring, inspections, compliance, and restoration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1317","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> or board<\/span> chairman may require a permittee to implement monitoring and reporting procedures they believe are reasonably necessary to ensure compliance with the provisions of the permit and this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> or board<\/span> chairman may require such on-site inspections as he believes are reasonably necessary to determine whether the measures required by the permit are being properly performed, or whether the provisions of this chapter are being violated. Prior to conducting any inspection, the Commissioner<\/span> or board<\/span> chairman shall provide notice to the resident owner, occupier, or operator, who shall be given an opportunity to accompany the site inspector. If it is determined that there is a failure to comply with the permit, the Commissioner<\/span> or board<\/span> chairman shall serve notice upon the permittee at the address specified in his permit application or by delivery at the site of the permitted activities to the person supervising those activities and designated in the permit to receive the notice. The notice shall describe the measures needed for compliance and the time within which these measures shall be completed. Failure of the person to comply within the specified period is a violation of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of a sworn complaint of a substantial violation of this chapter from the designated enforcement officer<\/span>, the Commissioner<\/span> or board<\/span> chairman may, in conjunction with or subsequent to a notice to comply as specified in subsection B of this section, issue<\/span> an order<\/span> requiring all or part of the activities on the site to be stopped until the specified corrective measures have been taken. In the case of an activity not authorized under this chapter or where the alleged permit noncompliance is causing, or is in imminent danger of causing, significant harm to the wetlands<\/span> protected by this chapter, the order<\/span> may be issued without regard to whether the person has been issued a notice to comply pursuant to subsection B of this section. Otherwise, the order<\/span> may be issued only after the permittee has failed to comply with the notice to comply. The order<\/span> shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the enforcing authority, permittee, resident owner, occupier, or operator for appropriate relief to the circuit<\/span> court<\/span> of the jurisdiction<\/span> where the violation was alleged to have occurred. Upon completion of corrective action, the order<\/span> shall immediately be lifted. Nothing in this section shall prevent the Commissioner<\/span> or board<\/span> chairman from taking any other action specified in § 28.2-1316<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon receipt of a sworn complaint of a substantial violation of this chapter from a designated enforcement officer<\/span>, the Commission<\/span> or a wetlands board<\/span> may order<\/span> that the affected site be restored to predevelopment conditions if the Commission<\/span> or board finds that restoration is necessary to recover lost resources or to prevent further damage to resources. The order<\/span> shall specify the restoration necessary and establish a reasonable time for its completion. The order<\/span> shall be issued only after a hearing<\/span> with at least thirty days’ notice to the affected person of the hearing<\/span>’s time, place, and purpose, and shall become effective immediately upon issuance by the Commission<\/span> or board. The Commission<\/span> or board shall require any scientific monitoring plan they believe necessary to ensure the successful reestablishment of wetlands protected by this chapter and may require that a prepaid contract<\/span> acceptable to the Commission<\/span> or board be in effect for the purpose of carrying out the scientific monitoring plan. The Commission<\/span> or board may also require a reasonable bond<\/span> or letter of credit in an amount and with surety<\/span> and conditions satisfactory to it securing to the Commonwealth compliance with the conditions set forth in the restoration order<\/span>. The appropriate court<\/span>, upon petition<\/span> by the Commission<\/span> or board, may enforce any such restoration order<\/span> by injunction<\/span>, mandamus, or other appropriate remedy. Failure to complete the required restoration is a violation of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The duties of the Commissioner<\/span> or the board chairman under this section may be delegated to their respective designees; however, these designees shall not be designated enforcement officers<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMONITORING, INSPECTIONS, COMPLIANCE, AND RESTORATION (\u00a7 28.2-1317)\n\nA. The Commissioner or board chairman may require a permittee to implement\nmonitoring and reporting procedures they believe are reasonably necessary to\nensure compliance with the provisions of the permit and this chapter.\n\nB. The Commissioner or board chairman may require such on-site inspections as he\nbelieves are reasonably necessary to determine whether the measures required by\nthe permit are being properly performed, or whether the provisions of this\nchapter are being violated. Prior to conducting any inspection, the Commissioner\nor board chairman shall provide notice to the resident owner, occupier, or\noperator, who shall be given an opportunity to accompany the site inspector. If\nit is determined that there is a failure to comply with the permit, the\nCommissioner or board chairman shall serve notice upon the permittee at the\naddress specified in his permit application or by delivery at the site of the\npermitted activities to the person supervising those activities and designated\nin the permit to receive the notice. The notice shall describe the measures\nneeded for compliance and the time within which these measures shall be\ncompleted. Failure of the person to comply within the specified period is a\nviolation of this section.\n\nC. Upon receipt of a sworn complaint of a substantial violation of this chapter\nfrom the designated enforcement officer, the Commissioner or board chairman may,\nin conjunction with or subsequent to a notice to comply as specified in\nsubsection B of this section, issue an order requiring all or part of the\nactivities on the site to be stopped until the specified corrective measures\nhave been taken. In the case of an activity not authorized under this chapter or\nwhere the alleged permit noncompliance is causing, or is in imminent danger of\ncausing, significant harm to the wetlands protected by this chapter, the order\nmay be issued without regard to whether the person has been issued a notice to\ncomply pursuant to subsection B of this section. Otherwise, the order may be\nissued only after the permittee has failed to comply with the notice to comply.\nThe order shall be served in the same manner as a notice to comply, and shall\nremain in effect for a period of seven days from the date of service pending\napplication by the enforcing authority, permittee, resident owner, occupier, or\noperator for appropriate relief to the circuit court of the jurisdiction where\nthe violation was alleged to have occurred. Upon completion of corrective\naction, the order shall immediately be lifted. Nothing in this section shall\nprevent the Commissioner or board chairman from taking any other action\nspecified in § 28.2-1316.\n\nD. Upon receipt of a sworn complaint of a substantial violation of this chapter\nfrom a designated enforcement officer, the Commission or a wetlands board may\norder that the affected site be restored to predevelopment conditions if the\nCommission or board finds that restoration is necessary to recover lost\nresources or to prevent further damage to resources. The order shall specify the\nrestoration necessary and establish a reasonable time for its completion. The\norder shall be issued only after a hearing with at least thirty days’\nnotice to the affected person of the hearing’s time, place, and purpose,\nand shall become effective immediately upon issuance by the Commission or board.\nThe Commission or board shall require any scientific monitoring plan they\nbelieve necessary to ensure the successful reestablishment of wetlands protected\nby this chapter and may require that a prepaid contract acceptable to the\nCommission or board be in effect for the purpose of carrying out the scientific\nmonitoring plan. The Commission or board may also require a reasonable bond or\nletter of credit in an amount and with surety and conditions satisfactory to it\nsecuring to the Commonwealth compliance with the conditions set forth in the\nrestoration order. The appropriate court, upon petition by the Commission or\nboard, may enforce any such restoration order by injunction, mandamus, or other\nappropriate remedy. Failure to complete the required restoration is a violation\nof this chapter.\n\nE. The duties of the Commissioner or the board chairman under this section may\nbe delegated to their respective designees; however, these designees shall not\nbe designated enforcement officers.\n\nHISTORY: 1987, c. 436, \u00a7 62.1-13.16:1; 1990, c. 811; 1992, c. 836.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}