I am writing on behalf of Spotsylvania County to provide brief contextual background on HB1436 / SB617 and a narrow technical issue the County is currently encountering. In Spotsylvania County, several older industrial subdivisions were originally platted with private road systems and without access easements between individual lots and the public road network. Current development within these subdivisions complies with applicable stormwater regulations and includes execution of legally binding BMP Agreements that authorize County entry to perform maintenance in the event a property owner fails to meet their obligations. However, where no access easements exist across intervening private parcels, the County lacks a clear mechanism to physically access the stormwater facility, effectively limiting its ability to exercise existing enforcement authority. Although the BMP Agreements establish the County’s right to perform maintenance, they do not create or convey access rights across third-party parcels, and the absence of statutory entry authority post-construction limits enforceability where no easement exists.
Following consultation with DEQ legislative staff on January 29, 2026, the County is requesting an amendment to the original version of the bill that does not delete any existing text, but rather expressly includes maintenance and corrective actions to the first paragraph of Sec. 62.1-44.15:39 Right of Entry. The proposed language does not alter permitting requirements, bonding provisions, or inspection authority during land-disturbing activity, and is limited solely to post-construction stormwater maintenance and enforcement. This is a technical clarification and not an expansion of government power. Clear access authority helps prevent infrastructure failure, property damage, and downstream pollution impacts.
Thank you for considering this technical amendment.
I am writing on behalf of Spotsylvania County to provide brief contextual background on HB1436 / SB617 and a narrow technical issue the County is currently encountering. In Spotsylvania County, several older industrial subdivisions were originally platted with private road systems and without access easements between individual lots and the public road network. Current development within these subdivisions complies with applicable stormwater regulations and includes execution of legally binding BMP Agreements that authorize County entry to perform maintenance in the event a property owner fails to meet their obligations. However, where no access easements exist across intervening private parcels, the County lacks a clear mechanism to physically access the stormwater facility, effectively limiting its ability to exercise existing enforcement authority. Although the BMP Agreements establish the County’s right to perform maintenance, they do not create or convey access rights across third-party parcels, and the absence of statutory entry authority post-construction limits enforceability where no easement exists. Following consultation with DEQ legislative staff on January 29, 2026, the County is requesting an amendment to the original version of the bill that does not delete any existing text, but rather expressly includes maintenance and corrective actions to the first paragraph of Sec. 62.1-44.15:39 Right of Entry. The proposed language does not alter permitting requirements, bonding provisions, or inspection authority during land-disturbing activity, and is limited solely to post-construction stormwater maintenance and enforcement. This is a technical clarification and not an expansion of government power. Clear access authority helps prevent infrastructure failure, property damage, and downstream pollution impacts. Thank you for considering this technical amendment.