Committee delays right-of-entry bill for further work after DEQ, county input

House Bill 1436, as presented in substitute form by the sponsor, would add clarifying language to the Virginia erosion and stormwater management statute to allow localities to access stormwater infrastructure post-construction for maintenance and corrective action when property owners do not maintain facilities and no access easement exists. The sponsor emphasized the change is a clarification, not an expansion of power, and does not change bonding, permitting or regulatory scope.

Spotsylvania County's assistant county administrator, Wanda Parrish, described specific industrial subdivisions (Commonwealth Drive, Ashley Dawn Court) that lack access easements and where localities cannot readily traverse private roads to reach and maintain stormwater facilities years after development. DEQ Director Mike Rolband said the administration had no formal position but that staff provided technical feedback; he noted few localities have used similar authority and suggested the substitute, as rewritten, would not harm entities that already have authority.

Given lingering questions about overlap with existing code and the adequacy of current regulatory authority, Delegate Krzyzyk moved to carry HB 1436 over to next year (2027) to allow additional negotiation and drafting; the motion passed by voice vote. Committee members committed to continued discussions with DEQ and affected localities.