Va. Code » Title 62.1. Waters of the State, Ports and Harbors » Chapter 3.1. State Water Control Law » Article 5. Enforcement and Appeal Procedure
Virginia Code

Va. Code Ann. § 62.1-44.25 (2026)

Right to hearing

✓ current as of May 2026
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Any owner under Article 2.3 (§ 62.1-44.15:24 et seq.), Article 2.5 (§ 62.1-44.15:67 et seq.), or § 62.1-44.16, 62.1-44.17, or 62.1-44.19 aggrieved by any action of the Board taken without a formal hearing, or by inaction of the Board, may demand in writing a formal hearing of such owner's grievance, provided a petition requesting such hearing is filed with the Board. In cases involving actions of the Board, such petition must be filed within 30 days after notice of such action is mailed to such owner by certified mail.

1970, c. 638; 2016, cc. 68, 758.

Notes of Decisions
Cited in 7 cases, 1991–2008 · leading case: Env't Def. Fund v. Virginia State Water Control Bd., 404 S.E.2d 728 (Va. Ct. App. 1991).
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Env't Def. Fund v. Virginia State Water Control Bd., 404 S.E.2d 728 (Va. Ct. App. 1991). · cites it 6× “However, Code § 62.1-44.25 provides for a formal hearing for any “owner” that is aggrieved by any action taken by the Board without a formal hearing.”
Philip Morris USA v. Chesaoeaje Bay, 643 S.E.2d 219 (Va. 2007). “19 or § 62.1-44.25, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.”
Chesapeake Bay Found., Inc. v. Commonwealth Ex Rel. State Water Control Bd., 616 S.E.2d 39 (Va. Ct. App. 2005). “19 or § 62.1-44.25, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.”
All. to Save the Mattaponi v. Commonwealth, 519 S.E.2d 413 (Va. Ct. App. 1999). “19 or § 62.1-44.25, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act.”
May Dep't Stores Co. v. Commonwealth, 513 S.E.2d 880 (Va. Ct. App. 1999). “19 or § 62.1-44.25, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act .”
State Water Control Bd. v. Captain's Cove Util. Co., Inc. (Va. Ct. App. 2008). · cites it 2× “5 A formal hearing, authorized by Code § 62.1-44.25, is governed by the Virginia Administrative Process Act and provides “for the formal taking of evidence upon relevant fact issues.”
Riverview Farm Assocs. v. CW, DEQ, etc. (Va. Ct. App. 1999). “19 or § 62.1-44.25, - 3 - whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 9-6.”
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