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HB1436 • 2026

Virginia Erosion and Stormwater Management Program authority; right of entry, performance bond.

<p class=ldtitle>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.</p>

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Cole, N.T.
Last action
2026-02-18
Official status
Continued
Effective date
Not listed

Plain English Breakdown

The official source material does not provide details on the enforcement mechanisms for when owners fail to comply with VESMP requirements.

Virginia Erosion and Stormwater Management Program Changes

This bill removes the requirement for a performance bond when entering property to check on land-disturbing activities.

What This Bill Does

  • Removes the need for a performance bond when entering property.

Who It Names or Affects

  • VESMP authority
  • Property owners with land-disturbing activities

Terms To Know

Performance bond
A financial guarantee that ensures a company will complete its work as agreed.
VESMP
Virginia Erosion and Stormwater Management Program, which oversees rules for managing erosion and stormwater.

Limits and Unknowns

  • The bill does not specify what happens if an owner fails to take acceptable action.
  • It is unclear how this change will affect the enforcement of existing regulations.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB1436AHC1

2026-02-02

Agriculture, Chesapeake and Natural Resources Amendment

Plain English: The amendment modifies the Virginia Erosion and Stormwater Management Program by changing certain phrases in the existing law to include new terms like 'maintenance' and 'corrective actions', and it also alters how some parts of the text are structured.

  • Adds ', maintenance, or corrective actions' after 'investigations'.
  • Inserts ', and the regulations adopted pursuant thereto' after 'article'.
  • The amendment's text is incomplete and does not provide a full understanding of all changes.
  • Some parts of the amendment, such as unstriking line 19 and altering arrangements on subsequent lines, are unclear.

Bill History

  1. 2026-02-18 House

    Left in Committee Agriculture Chesapeake and Natural Resources

  2. 2026-02-18 House

    Left in Committee Agriculture Chesapeake and Natural Resources

  3. 2026-02-04 Agriculture, Chesapeake and Natural Resources

    Continued to 2027 in Agriculture, Chesapeake and Natural Resources (Voice Vote)

  4. 2026-02-02 Chesapeake

    Subcommittee recommends continuing to 2027 (Voice Vote)

  5. 2026-02-02 Chesapeake

    House subcommittee offered

  6. 2026-01-30 Chesapeake

    Assigned HACNR sub: Chesapeake

  7. 2026-01-26 House

    Fiscal Impact Statement from Department of Planning and Budget (HB1436)

  8. 2026-01-22 House

    Presented and ordered printed 26105034D

  9. 2026-01-22 Agriculture, Chesapeake and Natural Resources

    Referred to Committee on Agriculture, Chesapeake and Natural Resources

Official Summary Text

Virginia Erosion and Stormwater Management Program authority; right of entry; performance bond.
Removes the requirement for a Virginia Erosion and Stormwater Management Program (VESMP) authority to have a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement in order to enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by conditions imposed by the VESMP authority on a land-disturbing activity when an owner, after proper notice, has failed to take acceptable action within the time specified.

Current Bill Text

Read the full stored bill text
HB 1436

SUBCOMMITTEE

1. Line 15, introduced, after surveys

strike

or

insert

,
[a comma]

SUBCOMMITTEE

2. Line 15, introduced, after investigations

insert

, maintenance, or corrective actions

SUBCOMMITTEE

3. Line 16, introduced, after article

insert

and the regulations adopted pursuant thereto

SUBCOMMITTEE

4. Line 19, introduced

unstrike

all of line 19 and through
arrangement,
a
on line 20

SUBCOMMITTEE

5. Line 20, introduced, after
arrangement,
a

strike

A