{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/40.1-51.41.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/40.1-51.41.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/40.1-51.41.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/40.1-51.41.html"}],"law_id":363450,"edition_id":2,"section_id":363450,"structure_id":51864,"section_number":"40.1-51.41","catch_line":"Local ordinances","history":"1992, c. 541.","full_text":"A\n\nExisting local ordinances adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board regulation, promulgated pursuant to this chapter, and a local ordinance, the Board regulation shall govern, except when the conflicting local ordinance is more stringent.\n\nB\n\nThe governing body of any locality proposing to adopt an ordinance, or an amendment to an existing ordinance, relating to areas covered by asbestos NESHAP after June 30, 1972, shall first obtain the approval of the Board as to the provisions of the ordinance or amendment. The Board shall not approve any local ordinance less stringent than the pertinent regulations of the Board.\n\n","order_by":null,"text":{"0":{"id":1354478,"text":"Existing local ordinances adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board regulation, promulgated pursuant to this chapter, and a local ordinance, the Board regulation shall govern, except when the conflicting local ordinance is more stringent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1354479,"text":"The governing body of any locality proposing to adopt an ordinance, or an amendment to an existing ordinance, relating to areas covered by asbestos NESHAP after June 30, 1972, shall first obtain the approval of the Board as to the provisions of the ordinance or amendment. The Board shall not approve any local ordinance less stringent than the pertinent regulations of the Board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":51864,"edition_id":2,"name":"Virginia Asbestos Neshap Act","identifier":"3.3","label":"chapter","depth":2,"order_by":6,"parent_id":51843,"metadata":{"child_laws":19,"child_structures":0},"date_created":"2026-08-02 02:50:16","date_modified":"2026-08-02 12:33:24","permalink":{"id":1447301,"object_type":"structure","relational_id":51864,"identifier":"3.3","token":"40.1\/3.3","url":"\/40.1\/3.3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51843,"edition_id":2,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":89,"parent_id":null,"metadata":{"child_laws":237,"child_structures":28},"date_created":"2026-08-02 02:49:54","date_modified":"2026-08-02 12:33:22","permalink":{"id":1446725,"object_type":"structure","relational_id":51843,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363426,"structure_id":51864,"section_number":"40.1-51.23","catch_line":"Definitions","url":"\/40.1-51.23\/","token":"40.1\/3.3\/40.1-51.23","metadata":false},{"id":363427,"structure_id":51864,"section_number":"40.1-51.24","catch_line":"Department authorized to enter certain agreements","url":"\/40.1-51.24\/","token":"40.1\/3.3\/40.1-51.24","metadata":false},{"id":363428,"structure_id":51864,"section_number":"40.1-51.25","catch_line":"Safety and Health Codes Board to formulate rules, regulations, etc","url":"\/40.1-51.25\/","token":"40.1\/3.3\/40.1-51.25","metadata":false},{"id":363429,"structure_id":51864,"section_number":"40.1-51.26","catch_line":"Commissioner of Labor and Industry to enforce laws","url":"\/40.1-51.26\/","token":"40.1\/3.3\/40.1-51.26","metadata":false},{"id":363430,"structure_id":51864,"section_number":"40.1-51.27","catch_line":"Inspections, investigations, etc","url":"\/40.1-51.27\/","token":"40.1\/3.3\/40.1-51.27","metadata":false},{"id":363431,"structure_id":51864,"section_number":"40.1-51.28","catch_line":"Issuance of special orders","url":"\/40.1-51.28\/","token":"40.1\/3.3\/40.1-51.28","metadata":false},{"id":363432,"structure_id":51864,"section_number":"40.1-51.29","catch_line":"Decision of Commissioner pursuant to hearing","url":"\/40.1-51.29\/","token":"40.1\/3.3\/40.1-51.29","metadata":false},{"id":363436,"structure_id":51864,"section_number":"40.1-51.30","catch_line":"Appeal to Board","url":"\/40.1-51.30\/","token":"40.1\/3.3\/40.1-51.30","metadata":false},{"id":363437,"structure_id":51864,"section_number":"40.1-51.31","catch_line":"Penalties for noncompliance; judicial review","url":"\/40.1-51.31\/","token":"40.1\/3.3\/40.1-51.31","metadata":false},{"id":363438,"structure_id":51864,"section_number":"40.1-51.32","catch_line":"Owners to furnish plans, specifications and information","url":"\/40.1-51.32\/","token":"40.1\/3.3\/40.1-51.32","metadata":false},{"id":363439,"structure_id":51864,"section_number":"40.1-51.33","catch_line":"Protection of trade secrets","url":"\/40.1-51.33\/","token":"40.1\/3.3\/40.1-51.33","metadata":false},{"id":363440,"structure_id":51864,"section_number":"40.1-51.34","catch_line":"Right of entry","url":"\/40.1-51.34\/","token":"40.1\/3.3\/40.1-51.34","metadata":false},{"id":363441,"structure_id":51864,"section_number":"40.1-51.35","catch_line":"Compelling compliance with regulations and orders of Board; penalty for violations","url":"\/40.1-51.35\/","token":"40.1\/3.3\/40.1-51.35","metadata":false},{"id":363442,"structure_id":51864,"section_number":"40.1-51.36","catch_line":"Judicial review of regulations of Board","url":"\/40.1-51.36\/","token":"40.1\/3.3\/40.1-51.36","metadata":false},{"id":363443,"structure_id":51864,"section_number":"40.1-51.37","catch_line":"Appeal from decision of Board","url":"\/40.1-51.37\/","token":"40.1\/3.3\/40.1-51.37","metadata":false},{"id":363444,"structure_id":51864,"section_number":"40.1-51.38","catch_line":"Appeal to Court of Appeals","url":"\/40.1-51.38\/","token":"40.1\/3.3\/40.1-51.38","metadata":false},{"id":363445,"structure_id":51864,"section_number":"40.1-51.39","catch_line":"Penalties; chapter not to affect right to relief or to maintain action","url":"\/40.1-51.39\/","token":"40.1\/3.3\/40.1-51.39","metadata":false},{"id":363449,"structure_id":51864,"section_number":"40.1-51.40","catch_line":"Duty of attorney for the Commonwealth","url":"\/40.1-51.40\/","token":"40.1\/3.3\/40.1-51.40","metadata":false},{"id":363450,"structure_id":51864,"section_number":"40.1-51.41","catch_line":"Local ordinances","url":"\/40.1-51.41\/","token":"40.1\/3.3\/40.1-51.41","metadata":false}],"previous_section":{"id":363449,"structure_id":51864,"section_number":"40.1-51.40","catch_line":"Duty of attorney for the Commonwealth","url":"\/40.1-51.40\/","token":"40.1\/3.3\/40.1-51.40","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-51.41\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 541 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 1992 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":1447375,"object_type":"law","relational_id":363450,"identifier":"40.1-51.41","token":"40.1\/3.3\/40.1-51.41","url":"\/40.1-51.41\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/40.1-51.41\/","token":"40.1\/3.3\/40.1-51.41","dublin_core":{"Title":"Local ordinances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-51.41","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Existing local ordinances<\/span> adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board<\/span> regulation, promulgated pursuant to this chapter, and a local ordinance<\/span>, the Board<\/span> regulation shall govern, except when the conflicting local ordinance<\/span> is more stringent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The governing body of any locality proposing to adopt an ordinance<\/span>, or an amendment to an existing ordinance<\/span>, relating to areas covered by asbestos<\/span> NESHAP<\/span> after June 30, 1972, shall first obtain the approval of the Board<\/span> as to the provisions of the ordinance<\/span> or amendment. The Board<\/span> shall not approve any local ordinance<\/span> less stringent than the pertinent regulations of the Board<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLOCAL ORDINANCES (\u00a7 40.1-51.41)\n\nA. Existing local ordinances adopted prior to July 1, 1972, shall continue in\nforce; however, in the event of a conflict between a Board regulation,\npromulgated pursuant to this chapter, and a local ordinance, the Board\nregulation shall govern, except when the conflicting local ordinance is more\nstringent.\n\nB. The governing body of any locality proposing to adopt an ordinance, or an\namendment to an existing ordinance, relating to areas covered by asbestos NESHAP\nafter June 30, 1972, shall first obtain the approval of the Board as to the\nprovisions of the ordinance or amendment. The Board shall not approve any local\nordinance less stringent than the pertinent regulations of the Board.\n\nHISTORY: 1992, c. 541.","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"}}