{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/28.2-1320.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/28.2-1320.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/28.2-1320.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/28.2-1320.html"}],"law_id":356503,"edition_id":2,"section_id":356503,"structure_id":51019,"section_number":"28.2-1320","catch_line":"Penalties","history":"1990, c. 811, \u00a7 62.1-13.18:2; 1992, c. 836.","full_text":"A\n\nWithout limiting the remedies which may be obtained under this chapter, any person who violates any provision of this chapter or who violates or fails, neglects, or refuses to obey any Commission or wetlands board notice, order, rule, regulation, or permit condition authorized by this chapter shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $25,000 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring wetlands therein, in such a manner as the court may, by order, direct, except that where the violator is the county, city, or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury.\n\nB\n\nWithout limiting the remedies which may be obtained under this chapter, and with the consent of any person who has violated any provision of this chapter or who has violated or failed, neglected, or refused to obey any Commission or wetlands board order, rule, regulation, or permit condition authorized by this chapter, the Commission or wetlands board may provide, in an order issued by the Commission or wetlands board against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation. Civil charges shall be in lieu of any appropriate civil penalty which could be imposed under subsection A of this section. Civil charges may be in addition to the cost of any restoration ordered by the Commission or a wetlands board.\n\n","order_by":null,"text":{"0":{"id":1327295,"text":"Without limiting the remedies which may be obtained under this chapter, any person who violates any provision of this chapter or who violates or fails, neglects, or refuses to obey any Commission or wetlands board notice, order, rule, regulation, or permit condition authorized by this chapter shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $25,000 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring wetlands therein, in such a manner as the court may, by order, direct, except that where the violator is the county, city, or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1327296,"text":"Without limiting the remedies which may be obtained under this chapter, and with the consent of any person who has violated any provision of this chapter or who has violated or failed, neglected, or refused to obey any Commission or wetlands board order, rule, regulation, or permit condition authorized by this chapter, the Commission or wetlands board may provide, in an order issued by the Commission or wetlands board against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation. Civil charges shall be in lieu of any appropriate civil penalty which could be imposed under subsection A of this section. Civil charges may be in addition to the cost of any restoration ordered by the Commission or a wetlands board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1320\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 811 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1992, chapter 836.<\/p>","references":false,"refers_to":false,"permalink":{"id":1419087,"object_type":"law","relational_id":356503,"identifier":"28.2-1320","token":"28.2\/III\/13\/4\/28.2-1320","url":"\/28.2-1320\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/28.2-1320\/","token":"28.2\/III\/13\/4\/28.2-1320","dublin_core":{"Title":"Penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1320","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Without limiting the remedies which may be obtained under this chapter, any person who violates any provision of this chapter or who violates or fails, neglects, or refuses to obey any Commission<\/span> or wetlands board<\/span> notice, order<\/span>, rule, regulation, or permit condition authorized by this chapter shall, upon such finding<\/span> by an appropriate circuit<\/span> court<\/span>, be assessed a civil penalty<\/span> not to exceed $25,000 for each day of violation. Such civil penalties may, at the discretion of the court<\/span> assessing them, be directed to be paid into the treasury of the county, city, or town<\/span> in which the violation occurred for the purpose of abating environmental damage to or restoring wetlands therein, in such a manner as the court<\/span> may, by order<\/span>, direct, except that where the violator is the county, city, or town<\/span> itself, or its agent, the court<\/span> shall direct the penalty<\/span> to be paid into the state treasury. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Without limiting the remedies which may be obtained under this chapter, and with the consent of any person who has violated any provision of this chapter or who has violated or failed, neglected, or refused to obey any Commission<\/span> or wetlands board<\/span> order<\/span>, rule, regulation, or permit condition authorized by this chapter, the Commission<\/span> or wetlands board<\/span> may provide, in an order<\/span> issued by the Commission<\/span> or wetlands board<\/span> against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation. Civil charges shall be in lieu of any appropriate civil penalty<\/span> which could be imposed under subsection A of this section. Civil charges may be in addition to the cost of any restoration ordered by the Commission<\/span> or a wetlands board<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES (\u00a7 28.2-1320)\n\nA. Without limiting the remedies which may be obtained under this chapter, any\nperson who violates any provision of this chapter or who violates or fails,\nneglects, or refuses to obey any Commission or wetlands board notice, order,\nrule, regulation, or permit condition authorized by this chapter shall, upon\nsuch finding by an appropriate circuit court, be assessed a civil penalty not to\nexceed $25,000 for each day of violation. Such civil penalties may, at the\ndiscretion of the court assessing them, be directed to be paid into the treasury\nof the county, city, or town in which the violation occurred for the purpose of\nabating environmental damage to or restoring wetlands therein, in such a manner\nas the court may, by order, direct, except that where the violator is the\ncounty, city, or town itself, or its agent, the court shall direct the penalty\nto be paid into the state treasury.\n\nB. Without limiting the remedies which may be obtained under this chapter, and\nwith the consent of any person who has violated any provision of this chapter or\nwho has violated or failed, neglected, or refused to obey any Commission or\nwetlands board order, rule, regulation, or permit condition authorized by this\nchapter, the Commission or wetlands board may provide, in an order issued by the\nCommission or wetlands board against such person, for the one-time payment of\ncivil charges for each violation in specific sums, not to exceed $10,000 for\neach violation. Civil charges shall be in lieu of any appropriate civil penalty\nwhich could be imposed under subsection A of this section. Civil charges may be\nin addition to the cost of any restoration ordered by the Commission or a\nwetlands board.\n\nHISTORY: 1990, c. 811, \u00a7 62.1-13.18:2; 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"}}