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Official Opinions


November 2006 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor


06-056 The Honorable John R. Doyle, III
Commonwealth's Attorney for the
  City of Norfolk
Green-tinted vacant light on taxicab would not specifically violate § 46.2‑1021; however, Department of State Police has authority to regulate use of such lights. Department’s interpretation is entitled to due deference.
06-083 Colonel W.S. (Steve) Flaherty
Superintendent, Department of
    State Police

Authority for Superintendent of State Police, with Governor’s approval, to design and adopt distinctive commemorative badge to be worn by Department of State Police officers.

06-074 The Honorable Robert G. Marshall
Member, House of Delegates

Where public hearing is held prior to RPA designation, failure to notify affected landowners does not invalidate designation, give affected landowners any legal recourse, or bar subsequent RPA designations for property of landowners who did not receive prior notification. Landowner who does not receive notice of  future proposed designations has right to appeal.

06-055 The Honorable L. Scott Lingamfelter
Member, House of Delegates

Section 15.2‑2260(B) applies to preliminary subdivision plats not to final subdivision plats, site plans, or plans of development.  Requirement that person desiring to subdivide tract of land must submit proposed subdivision plat to local subdivision agent for approval. Authority for local governing body to enact subdivision ordinance providing for submission of preliminary subdivision plats for tentative approval. Local subdivision agents must approve subdivision plats within imposed time constraints, which are applicable to locality and may not be delegated to other agencies. No obligation for water and sanitation authority to comply with § 15.2‑2259. Locality must enact subdivision ordinance that includes reasonable provisions for drainage and flood control; may include requirement that subdivision plats be submitted for approval to authority created to provide sewage disposal and stormwater control prior to submission to locality.

06-068 The Honorable Riley E. Ingram
Member, House of Delegates

No authority for school board to accept gift of construction services; may accept gift of services pursuant to Virginia State Government Volunteers Act and may impose reasonable conditions to make gift acceptable to board. Virginia Public Procurement Act does not apply to donation of services.


Mr. David K. Paylor, Director
Dept. of Environmental Quality

No authority for State Water Control Board to impose limitations on thermal effluent involved in discharges by Dominion Nuclear North Anna, LLC, from North Anna Power Station reactors.