Key Takeaways
- Virginia requires disclosure of known environmental hazards affecting property condition
- The Virginia Department of Environmental Quality (DEQ) regulates environmental matters
- Chesapeake Bay Preservation Act affects development in Tidewater Virginia
- Virginia has specific requirements for underground storage tank disclosure
- Flood zone disclosure may be required by lenders though Virginia has no state mandate
Environmental Issues in Virginia Real Estate
Environmental concerns can significantly affect property value and transaction requirements.
Environmental Disclosure
Licensee Disclosure Requirements
Virginia licensees must disclose known environmental hazards that:
- Affect the property's physical condition
- Are adverse material facts
- Could not be discovered by reasonable inspection
Common Environmental Concerns
| Issue | Description |
|---|---|
| Lead-Based Paint | Federal disclosure required (pre-1978) |
| Asbestos | Common in older buildings |
| Underground Storage Tanks | Must disclose if known |
| Radon | Recommended testing, no state mandate |
| Wetlands | Protected areas limiting development |
| Flood Zones | May affect insurance and financing |
Virginia Department of Environmental Quality (DEQ)
The Virginia DEQ regulates environmental matters:
DEQ Authority
| Area | Regulation |
|---|---|
| Air Quality | Permits for emissions |
| Water Quality | Discharge permits |
| Land Protection | Hazardous waste management |
| Solid Waste | Landfills and disposal |
| Underground Tanks | Registration and remediation |
Chesapeake Bay Preservation Act
The Chesapeake Bay Preservation Act affects development in Tidewater Virginia:
Key Provisions
| Feature | Requirement |
|---|---|
| Applicability | 84 localities in Tidewater Virginia |
| Resource Protection Areas | 100-foot buffer from waterways |
| Resource Management Areas | Areas adjacent to RPAs |
| Development Restrictions | Limits on clearing and building |
Impact: Properties in Chesapeake Bay Preservation areas may have significant development restrictions.
Underground Storage Tanks (USTs)
Virginia has specific regulations for underground storage tanks:
Disclosure and Registration
| Requirement | Detail |
|---|---|
| Registration | USTs must be registered with DEQ |
| Disclosure | Known USTs should be disclosed |
| Removal | Must follow proper procedures |
| Contamination | Remediation may be required |
Virginia Petroleum Storage Tank Fund
If a tank has leaked:
- Property owner may be eligible for cleanup assistance
- DEQ administers corrective action programs
- May affect property value significantly
Wetlands and Water Resources
Wetlands Protection
Virginia wetlands are protected under:
- Federal Clean Water Act (Corps of Engineers permits)
- Virginia Water Protection Permit Program
- Chesapeake Bay Preservation Act (in designated areas)
Coastal Zone Management
Virginia's coastal areas have additional protections:
- Virginia Coastal Zone Management Program
- Coordination with federal agencies
- Development restrictions in sensitive areas
Flood Zones and Insurance
Flood Zone Disclosure
| Requirement | Status in Virginia |
|---|---|
| State-mandated disclosure | Not specifically required |
| Federal lender requirement | Required for federally-related loans |
| Standard practice | Often included in contracts |
Flood Insurance
- Required for properties in Special Flood Hazard Areas (SFHA)
- National Flood Insurance Program (NFIP)
- May significantly affect property affordability
Other Environmental Considerations
Radon
- Natural radioactive gas from soil
- No Virginia disclosure requirement
- Testing recommended, especially for basements
- Higher risk areas in parts of Virginia
Mold
- No specific Virginia regulations
- May be disclosed as property condition issue
- Can affect habitability
Lead-Based Paint (Federal Requirement)
For homes built before 1978:
- Provide EPA pamphlet
- Disclose known lead hazards
- Allow 10-day inspection period (can be waived)
- Use proper disclosure forms
Which Virginia law affects development in Tidewater Virginia near the Chesapeake Bay?
Which agency regulates environmental matters in Virginia?
Is flood zone disclosure required by Virginia state law?
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