Va. Code » Title 33.2. Highways and Other Surface Transportation Systems » Subtitle II. Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation » Chapter 8. Offenses Concerning Highw
Virginia Code

Va. Code Ann. § 33.2-802 (2026)

Dumping trash; penalty

✓ laws through the 2026 session (checked Sept. 2026)
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A. It is unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter, a companion animal as defined in § 3.2-6500 for the purpose of disposal, or other unsightly matter on (i) public property, including a public highway, right-of-way, or property adjacent to such highway or right-of-way, or (ii) private property without the written consent of the owner or his agent.

B. If a person is arrested for a violation of this section and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting officer may comply with the provisions of § 46.2-936 in making an arrest.

If a violation of this section has been observed by any person and the matter illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of the motor vehicle shall be presumed to be the person ejecting or disposing of the matter. However, such presumption shall be rebuttable by competent evidence.

C. Any person convicted of a violation of this section is guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $500 or more than $2,500, either or both. In lieu of the imposition of confinement in jail, the court may order the defendant to perform a mandatory minimum of 10 hours of community service in litter abatement activities.

D. The governing body of any locality may adopt ordinances not in conflict with the provisions of this section and may repeal or amend such ordinances.

E. The provisions of this section shall not apply to the lawful disposal of such matter in landfills.

Code 1950, § 33-279.1; 1950, p. 453; 1970, c. 264, § 33.1-346; 1972, c. 65; 1976, c. 773; 1978, c. 226; 1981, c. 340; 1988, c. 805; 1995, c. 657; 2000, c. 20; 2003, cc. 113, 787; 2013, c. 156; 2014, c. 805; 2021, Sp. Sess. I, c. 175.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2018–2025 · leading case: Turner v. Commonwealth, 809 S.E.2d 679 (Va. 2018).
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Turner v. Commonwealth, 809 S.E.2d 679 (Va. 2018). · cites it 2× “1 (making it "unlawful for any person to point, hold, or brandish a machete or any weapon, with an exposed blade 12 inches or longer, with the intent of intimidating any person or group of persons and in a manner that reasonably demonstrates that intent," and providing that if…”
Chelsey Danielle Ingram v. Commonwealth of Virginia, 866 S.E.2d 55 (Va. Ct. App. 2021). · cites it 2× “2-6570(A), and one count of dumping trash on the highway, in violation of Code § 33.2-802. On appeal, Ms. Ingram challenges the circuit court’s denial of her motion to suppress as well as the sufficiency of the evidence to convict her of animal cruelty.”
Poulson v. Commonwealth, 913 S.E.2d 527 (Va. 2025). · cites it 2× “2-460(A); and illegal dumping on a highway, in violation of Code § 33.2-802. Poulson filed a motion to suppress, arguing that he was seized 2 when police commanded him to perform field sobriety tests, and, therefore, police should have given him Miranda warnings.”
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