{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/28.2-1213.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/28.2-1213.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/28.2-1213.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/28.2-1213.html"}],"law_id":356482,"edition_id":2,"section_id":356482,"structure_id":51014,"section_number":"28.2-1213","catch_line":"Penalties","history":"Code 1950, \u00a7 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968, c. 659, \u00a7 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92, 385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992, c. 836; 2000, c. 1056.","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 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 shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund.\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 order, rule, regulation, or permit condition authorized by this chapter, the Commission may provide, in an order issued by the Commission 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 and shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund.\n\n","order_by":null,"text":{"0":{"id":1327207,"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 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 shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1327208,"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 order, rule, regulation, or permit condition authorized by this chapter, the Commission may provide, in an order issued by the Commission 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 and shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":51014,"edition_id":2,"name":"Enforcement and Penalties","identifier":"2","label":"article","depth":4,"order_by":2,"parent_id":51009,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 02:36:10","date_modified":"2026-08-02 12:31:47","permalink":{"id":1418979,"object_type":"structure","relational_id":51014,"identifier":"2","token":"28.2\/III\/12\/2","url":"\/28.2\/III\/12\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51009,"edition_id":2,"name":"Submerged Lands","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":51008,"metadata":{"child_laws":18,"child_structures":2},"date_created":"2026-08-02 02:36:08","date_modified":"2026-08-02 12:31:47","permalink":{"id":1418919,"object_type":"structure","relational_id":51009,"identifier":"12","token":"28.2\/III\/12","url":"\/28.2\/III\/12\/","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":356479,"structure_id":51014,"section_number":"28.2-1210","catch_line":"Removal of obstructions or hazardous property from state waters; penalty","url":"\/28.2-1210\/","token":"28.2\/III\/12\/2\/28.2-1210","metadata":false},{"id":356480,"structure_id":51014,"section_number":"28.2-1211","catch_line":"Injunction against violation of \u00a7 28.2-1203","url":"\/28.2-1211\/","token":"28.2\/III\/12\/2\/28.2-1211","metadata":false},{"id":356481,"structure_id":51014,"section_number":"28.2-1212","catch_line":"Monitoring, inspections, compliance and restoration","url":"\/28.2-1212\/","token":"28.2\/III\/12\/2\/28.2-1212","metadata":false},{"id":356482,"structure_id":51014,"section_number":"28.2-1213","catch_line":"Penalties","url":"\/28.2-1213\/","token":"28.2\/III\/12\/2\/28.2-1213","metadata":false}],"previous_section":{"id":356481,"structure_id":51014,"section_number":"28.2-1212","catch_line":"Monitoring, inspections, compliance and restoration","url":"\/28.2-1212\/","token":"28.2\/III\/12\/2\/28.2-1212","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1213\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 times. 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. Those modifications are as follows: in 1960, chapter 600; in 1962, chapter 637; in 1966, chapter 641; in 1968, chapter 659; in 1970, chapter 621; in 1972, chapter 866; in 1973, chapters 23 and 361; in 1974, chapters 92 and 385; in 1975, chapter 431; in 1976, chapter 579; in 1980, chapter 253; in 1982, chapter 102; in 1988, chapter 868; in 1992, chapter 836; in 2000, chapter 1056<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1418993,"object_type":"law","relational_id":356482,"identifier":"28.2-1213","token":"28.2\/III\/12\/2\/28.2-1213","url":"\/28.2-1213\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/28.2-1213\/","token":"28.2\/III\/12\/2\/28.2-1213","dublin_core":{"Title":"Penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1213","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> 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 shall be paid into the state treasury to the credit of the Marine Habitat<\/span> and Waterways Improvement Fund. <\/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> order<\/span>, rule, regulation, or permit condition authorized by this chapter, the Commission<\/span> may provide, in an order<\/span> issued by the Commission<\/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> and shall be paid into the state treasury to the credit of the Marine Habitat<\/span> and Waterways Improvement Fund. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES (\u00a7 28.2-1213)\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 notice, order, rule, regulation, or\npermit condition authorized by this chapter shall, upon such finding by an\nappropriate circuit court, be assessed a civil penalty not to exceed $25,000 for\neach day of violation. Such civil penalties shall be paid into the state\ntreasury to the credit of the Marine Habitat and Waterways Improvement Fund.\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 order,\nrule, regulation, or permit condition authorized by this chapter, the Commission\nmay provide, in an order issued by the Commission against such person, for the\none-time payment of civil charges for each violation in specific sums, not to\nexceed $10,000 for each violation. Civil charges shall be in lieu of any\nappropriate civil penalty which could be imposed under subsection A of this\nsection. Civil charges may be in addition to the cost of any restoration ordered\nby the Commission and shall be paid into the state treasury to the credit of the\nMarine Habitat and Waterways Improvement Fund.\n\nHISTORY: Code 1950, \u00a7 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968,\nc. 659, \u00a7 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92,\n385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992,\nc. 836; 2000, c. 1056.","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"}}