Does a county sanitation authority have to review subdivision water and sewer construction plans, and is there a deadline?

Plain-English summary

Fauquier County's County Attorney asked the AG to sort out a tangle in the subdivision-review statutes. When a subdivision developer hands in construction plans that include water or sewer infrastructure, who reviews those plans, and is there a deadline?

The AG concluded that water and sewer construction plans go to the county's governing body or its designated agent in the first instance, and the county may refer them to the sanitation authority for review. Once that referral happens, the authority has a statutory 45-day window to act.

The reasoning turns on the distinction between a subdivision "plat" and a "construction plan." A plat is the schematic representation of the divided land (lot lines, boundaries, dedicated areas). Section 15.2-2259 governs the review of final plats and contains its own referral procedures, but that section explicitly excludes construction plans from its scope. The companion statute, § 15.2-2269, picks up where § 15.2-2259 leaves off and addresses construction plans for utilities, including water and sewer systems.

Under § 15.2-2269(A), construction plans go to the county or its authorized agent for approval. The county has 45 days to act. If the county needs to refer the plans to a state agency or other authority (such as the sanitation authority) for review, § 15.2-2269(B) sets a 45-day clock on that body's review too. The AG acknowledged that the statute's wording is confusing because subsection (B) refers to "any plat forwarded to it" rather than to a construction plan, but read in context with subsection (A), the AG concluded the term "plat" in (B) embraces the construction plans referenced in the preceding subsection.

Currency note

This opinion was issued in 2010. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The subdivision review statutes in Title 15.2 of the Code have been amended multiple times. Anyone reviewing or submitting subdivision construction plans today should check the current text of §§ 15.2-2259 and 15.2-2269 directly.

Common questions

What's the difference between a subdivision plat and a construction plan?
A plat is the survey-style document that shows how land is being divided up: lot lines, easements, dedicated streets, open space, lot numbers. A construction plan is the engineering document that shows what's being built (water lines, sewer pipes, drainage, road sections). Different reviews, different statutes.

Why was Fauquier County asking?
The opinion does not spell out the underlying dispute, but the practical question is real: subdivision review can drag on if no one is clear on who owns which step. The opinion supplies clear answers: the county is the front door, the sanitation authority gets the referral, and each entity has 45 days from receipt to act.

Does the 45-day clock start when the developer submits, or when the authority receives the referral?
Under § 15.2-2269(B) as quoted in the opinion, the 45 days runs from the reviewing body's receipt of the plans. So an authority's clock starts when the county hands over the file, not when the developer first submitted to the county.

What happens if the authority blows the deadline?
The opinion doesn't address remedies. The statute uses the language "shall complete its review within 45 days." Whether a missed deadline produces a deemed approval or just a procedural irregularity is a separate question that would turn on the version of the statute in effect at the time and any local procedures.

Background and statutory framework

The subdivision review process in Virginia is split across two key statutes:

• § 15.2-2259. Approval of subdivision plats. Subsection (A) sets up a referral procedure for plat features requiring approval by another public authority and gives that authority a deadline. Subsection (A)(3) carves construction plans out of this regime.
• § 15.2-2269. Subdivision streets and utilities. Subsection (A) requires owners who want to build utilities in subdivision rights-of-way to submit plans to the governing body. Subsection (B) sets a 45-day review window when the governing body refers the plans to a state agency or public authority.

Statutory term: a "plat" is defined in § 15.2-2201 as the schematic representation of land divided or to be divided. "Construction plan" is not statutorily defined.

The takeaway: in the chain of review, the county is the gatekeeper, but a sanitation authority can be brought in by referral, and both bodies operate on the same 45-day clock.

Citations

• Va. Code § 2.2-505
• Va. Code Ann. § 15.2-2201 (2008)
• Va. Code Ann. § 15.2-2259
• Va. Code Ann. § 15.2-2259(A), (A)(3)
• Va. Code Ann. § 15.2-2269
• Va. Code Ann. § 15.2-2269(A), (B)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2010/10-080-Burke.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

November 5, 2010

Kevin J. Burke, Esquire
Fauquier County Attorney
10 Hotel Street, Suite 206
Warrenton, Virginia 20186

Dear Mr. Burke:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issues Presented

You ask whether construction plans that contain sewer or water infrastructure plans are subject to the requirement that the County refer such plans to the Sanitation Authority and, if so, whether the review is subject to statutory time limitations.

Response

It is my opinion that water and sewer construction plans are subject to the requirement that the Authority review the plans upon referral from the County, and that the review is subject to statutory time limitations.

Applicable Law and Discussion

Section 15.2-2259 provides for the review and approval of final subdivision plats. Under subsection A of § 15.2-2259, when "approval of a feature or features of the plat by ... a public authority authorized by state law" is required, the County must forward the plat to this authority for review within 10 days of receipt. Section 15.2-2259(A)(3) provides that "the provision of this subsection shall not apply to the review and approval of construction plans." Section 15.2-2269 provides that whenever "the owners of such subdivision desire to construct in, on, under, or adjacent to any streets or alleys located in such subdivision any ... water [or] sewer or ... pipes ... fixtures or systems, they shall present plans or specifications therefore to the governing body of the locality in which the subdivision is located or its authorized agent, for approval." Under its plain language, the provisions of subsection 15.2-2259(A)(3) do not apply to construction plans.

This provision distinguishes between a "plat" and a "construction plan." A "plat" is defined as "the schematic representation of land divided or to be divided and information in accordance with the provisions of ... applicable statutes." "Construction plan" is not defined.

Another provision, § 15.2-2269(A), provides that

If the owners of any such subdivision desire to construct in, on, under, or adjacent to any streets or alleys located in such subdivision any gas, water, sewer or electric light or power works, pipes, wires, fixtures or systems, they shall present plans or specifications therefor to the governing body of the locality in which the subdivision is located or its authorized agent, for approval.

That section further contemplates that such plans might be referred to an authority for review. Therefore, under the plain language of § 15.2-2269(A), such plans must be submitted to the county or its authorized agent, rather than to the sanitation authority. The governing body, or its agent, then has 45 days within which to approve or disapprove of these plans. In instances where the locality is required to forward the plan to a state agency or an authorized public authority for review, § 15.2-2269(B) provides that the reviewing body complete its review within 45 days of receipt of the plan.

In sum, § 15.2-2259 provides a procedure for the approval of subdivision "plats" and excludes "construction plans" from its scope. Section 15.2-2269 addresses "construction plans" for "gas, water, sewer or electric light or power works, pipes, wires, fixtures or systems" and calls for the presentation of these plans to "the governing body of the locality in which the subdivision is located or its authorized agent, for approval." The Code further contemplates that, when required, the governing body will refer those plans to the proper "state agency or public authority" for review by that authority or agency, which will approve or disapprove the plans within 45 days of their receipt.

Conclusion

Accordingly, it is my opinion that water and sewer construction plans are subject to the requirement that the Authority review the plans upon referral from the County, and that the review is subject to statutory time limitations.

With kindest regards, I am

Very truly yours,

Kenneth T. Cuccinelli, II
Attorney General