Virginia Code

Va. Code Ann. § 15.2-5102 (2026)

One or more localities may create authority

✓ current as of May 2026
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A. The governing body of a locality may by ordinance or resolution, or the governing bodies of two or more localities may by concurrent ordinances or resolutions or by agreement, create a water authority, a sewer authority, a sewage disposal authority, a stormwater control authority, a refuse collection and disposal authority, or any combination or parts thereof. The name of the authority shall contain the word "authority." The authority shall be a public body politic and corporate and a political subdivision of the Commonwealth. The ordinance, resolution or agreement creating the authority shall not be adopted or approved until a public hearing has been held on the question of its adoption or approval, and after approval at a referendum if one has been ordered pursuant to this chapter.

B. Any authority, or any subsidiary thereof, organized pursuant to this section to operate a refuse collection and disposal system that, pursuant to statute, is specifically authorized to include in the system (i) facilities for processing solid waste as a fuel and (ii) facilities for generating steam and electricity for sale, shall not be subject to regulation under the Utilities Facilities Act (§ 56-265.1 et seq.), provided that sales of electricity generated at such facilities are made only to a federal agency whose primary responsibility is national defense and the energy is delivered directly from the generator to the customer's facilities or to a public utility.

Code 1950, § 15-764.3; 1950, p. 1315; 1962, c. 623, § 15.1-1241; 1972, c. 370; 1973, c. 478; 1993, c. 850; 1995, c. 402; 1996, c. 897; 1997, cc. 527, 573, 587; 1999, cc. 896, 925; 2011, c. 199.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2001–2022 · leading case: Short Pump Town Ctr. Cmty. Dev. Auth. v. Hahn, 554 S.E.2d 441 (Va. 2001).
Short Pump Town Ctr. Cmty. Dev. Auth. v. Hahn, 554 S.E.2d 441 (Va. 2001). · cites it 9× “The authorities specified in Code § 15.2-5102 are created to provide water, sewer, sewage disposal, stormwater control, and refuse collection and disposal.”
King George Cnty. Serv. Auth. v. Presidential Serv. Co. Tier II, Inc., 593 S.E.2d 241 (Va. 2004). · cites it 4× “MATERIAL FACTS AND PROCEEDINGS The appellant, King George County Service Authority (“Service Authority”), was created in 1992 pursuant to the provisions of the Virginia Water and Waste Authorities Act, Code § 15.”
Foster v. W. Virginia Water Auth., 81 Va. Cir. 481 (Roanoke County Cir. Ct. 2007). · cites it 3× “” Va. Code § 15.2-5102. The WVWA has the duty to maintain, operate, and develop an adequate and sufficient sanitary sewer system for the inhabitants of the City and County of Roanoke.”
Robertson v. W. Virginia Water Auth., 83 Va. Cir. 203 (Roanoke County Cir. Ct. 2011). · cites it 4× “Virginia Code § 15.2-5102(A) is the statute that specifically authorized these two localities to form the Water Authority.”
Clay Chastain v. Bedford Reg'l Water Auth. (Va. Ct. App. 2022). · cites it 2× “296, 315 (2013) (“The Court of -4- Code § 15.2-5102(A) authorizes “the governing bodies of two or more localities [to] .”
Janney v. Westmoreland Cnty., 65 Va. Cir. 533 (Westmoreland Cir. Ct. 2002). · cites it 2× “Section 15.2-5102 provides that any such authority “shall be a public body politic and corporate.”
Va. Code Ann. § 15.2-5102(A): 3 cases
King George Cnty. Serv. Auth. v. Presidential Serv. Co. Tier II, Inc., 593 S.E.2d 241 (Va. 2004). “MATERIAL FACTS AND PROCEEDINGS The appellant, King George County Service Authority (“Service Authority”), was created in 1992 pursuant to the provisions of the Virginia Water and Waste Authorities Act, Code § 15.”
Robertson v. W. Virginia Water Auth., 83 Va. Cir. 203 (Roanoke County Cir. Ct. 2011). “Virginia Code § 15.2-5102(A) is the statute that specifically authorized these two localities to form the Water Authority.”
Clay Chastain v. Bedford Reg'l Water Auth. (Va. Ct. App. 2022). “296, 315 (2013) (“The Court of -4- Code § 15.2-5102(A) authorizes “the governing bodies of two or more localities [to] .”
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