Virginia Statewide Rule
Virginia Drought Water Use Restrictions and Permits
Key Facts
- Surface Water Act
- § 62.1-242 et seq.
- Drought authority
- DEQ and SWCB
- Civil penalty cap
- $25,000 per day
- Local override
- Stricter only
Summary
The State Water Control Board administers statewide drought response and surface water withdrawal permits, with localities authorized to impose additional conservation rules during declared shortages.
A. Whenever the governing body of any locality finds that a water supply emergency exists or is reasonably likely to occur if water conservation measures are not taken, it may adopt an ordinance restricting the use of water by the citizens of such locality for the duration of such emergency or for a period of time necessary to prevent the occurrence of a water supply emergency. However, such ordinance shall apply only to water supplied by a locality, authority, or company distributing water for a fee or charge. Such ordinance may include appropriate penalties designed to prevent excessive use of water, including, but not limited to, a surcharge on excessive amounts used.
Full Breakdown
Under Va. Code § 62.1-242 through § 62.1-253 (Surface Water Management Act) and § 62.1-44.15, the State Water Control Board issues permits and may impose mandatory conservation during declared water shortages. The Department of Environmental Quality's Drought Assessment and Response Plan triggers regional restrictions that bind localities. Localities may enact stricter watering rules but cannot grant uses prohibited by state drought emergency orders.
Violations & Penalties
Class 1 misdemeanor or civil penalty up to $25,000 per day for permit violations; lesser local fines for watering bans.
Frequently Asked Questions
Who declares a drought emergency in Virginia?
Can my city allow watering during a state drought emergency?
Sources
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