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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.
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
-
2026-02-18
House
Left in Committee Agriculture Chesapeake and Natural Resources
-
2026-02-18
House
Left in Committee Agriculture Chesapeake and Natural Resources
-
2026-02-04
Agriculture, Chesapeake and Natural Resources
Continued to 2027 in Agriculture, Chesapeake and Natural Resources (Voice Vote)
-
2026-02-02
Chesapeake
Subcommittee recommends continuing to 2027 (Voice Vote)
-
2026-02-02
Chesapeake
House subcommittee offered
-
2026-01-30
Chesapeake
Assigned HACNR sub: Chesapeake
-
2026-01-26
House
Fiscal Impact Statement from Department of Planning and Budget (HB1436)
-
2026-01-22
House
Presented and ordered printed 26105034D
-
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