{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1408.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1408.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1408.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1408.5.html"}],"law_id":54478,"edition_id":1,"section_id":54478,"structure_id":12812,"section_number":"10.1-1408.5","catch_line":"Special provisions regarding wetlands","history":"1999, c. 876; 2001, c. 767; 2005, c. 920; 2007, cc. 659, 813.","full_text":"A\n\nThe Director shall not issue any solid waste permit for a new municipal solid waste landfill or the expansion of a municipal solid waste landfill that would be sited in a wetland, provided that this subsection shall not apply to subsection B or the (i) expansion of an existing municipal solid waste landfill located in the City of Danville or the City of Suffolk when the owner or operator of the landfill is an authority created pursuant to § 15.2-5102 that has applied for a permit under § 404 of the federal Clean Water Act prior to January 1, 1989, and the owner or operator has received a permit under § 404 of the federal Clean Water Act and the Virginia Water Resources and Wetlands Protection Program, Article 2.2 (§ 62.1-44.15:20 et seq.) of Chapter 3.1 of Title 62.1, or (ii) construction of a new municipal solid waste landfill in Mecklenburg County and provided that the municipal solid waste landfills covered under clauses (i) and (ii) have complied with all other applicable federal and state environmental laws and regulations. It is expressly understood that while the provisions of this section provide an exemption to the general siting prohibition contained herein; it is not the intent in so doing to express an opinion on whether or not the project should receive the necessary environmental and regulatory permits to proceed. For the purposes of this section, the term “expansion of a municipal solid waste landfill” shall include the siting and construction of new cells or the expansion of existing cells at the same location.B\n\nThe Director may issue a solid waste permit for the expansion of a municipal solid waste landfill located in a wetland only if the following conditions are met: (i) the proposed landfill site is at least 100 feet from any surface water body and at least one mile from any tidal wetland; (ii) the Director determines, based upon the existing condition of the wetland system, including, but not limited to, sedimentation, toxicity, acidification, nitrification, vegetation, and proximity to existing permitted waste disposal areas, roads or other structures, that the construction or restoration of a wetland system in another location in accordance with a Virginia Water Protection Permit approved by the State Water Control Board would provide higher quality wetlands; and (iii) the permit requires a minimum two-to-one wetlands mitigation ratio. This subsection shall not apply to the exemptions provided in clauses (i) and (ii) of subsection A.C\n\nGround water monitoring shall be conducted at least quarterly by the owner or operator of any existing solid waste management landfill, accepting municipal solid waste, that was constructed on a wetland, has a potential hydrologic connection to such a wetland in the event of an escape of liquids from the facility, or is within a mile of such a wetland, unless the Director determines that less frequent monitoring is necessary. This provision shall not limit the authority of the Board or the Director to require that monitoring be conducted more frequently than quarterly. If the landfill is one that accepts only ash, ground water monitoring shall be conducted semiannually, unless more frequent monitoring is required by the Board or the Director. All results shall be reported to the Department.D\n\nThis section shall not apply to landfills which impact less than two acres of nontidal wetlands.E\n\nFor purposes of this section, “wetland” means any tidal wetland or nontidal wetland contiguous to any tidal wetland or surface water body.F\n\nThere shall be no additional exemptions granted from this section unless (i) the proponent has submitted to the Department an assessment of the potential impact to wetlands, the need for the exemption, and the alternatives considered and (ii) the Department has made the information available for public review for at least 60 days prior to the first day of the next Regular Session of the General Assembly.","order_by":null,"text":{"0":{"id":199971,"text":"The Director shall not issue any solid waste permit for a new municipal solid waste landfill or the expansion of a municipal solid waste landfill that would be sited in a wetland, provided that this subsection shall not apply to subsection B or the (i) expansion of an existing municipal solid waste landfill located in the City of Danville or the City of Suffolk when the owner or operator of the landfill is an authority created pursuant to § 15.2-5102 that has applied for a permit under § 404 of the federal Clean Water Act prior to January 1, 1989, and the owner or operator has received a permit under § 404 of the federal Clean Water Act and the Virginia Water Resources and Wetlands Protection Program, Article 2.2 (§ 62.1-44.15:20 et seq.) of Chapter 3.1 of Title 62.1, or (ii) construction of a new municipal solid waste landfill in Mecklenburg County and provided that the municipal solid waste landfills covered under clauses (i) and (ii) have complied with all other applicable federal and state environmental laws and regulations. It is expressly understood that while the provisions of this section provide an exemption to the general siting prohibition contained herein; it is not the intent in so doing to express an opinion on whether or not the project should receive the necessary environmental and regulatory permits to proceed. For the purposes of this section, the term “expansion of a municipal solid waste landfill” shall include the siting and construction of new cells or the expansion of existing cells at the same location.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199972,"text":"The Director may issue a solid waste permit for the expansion of a municipal solid waste landfill located in a wetland only if the following conditions are met: (i) the proposed landfill site is at least 100 feet from any surface water body and at least one mile from any tidal wetland; (ii) the Director determines, based upon the existing condition of the wetland system, including, but not limited to, sedimentation, toxicity, acidification, nitrification, vegetation, and proximity to existing permitted waste disposal areas, roads or other structures, that the construction or restoration of a wetland system in another location in accordance with a Virginia Water Protection Permit approved by the State Water Control Board would provide higher quality wetlands; and (iii) the permit requires a minimum two-to-one wetlands mitigation ratio. This subsection shall not apply to the exemptions provided in clauses (i) and (ii) of subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199973,"text":"Ground water monitoring shall be conducted at least quarterly by the owner or operator of any existing solid waste management landfill, accepting municipal solid waste, that was constructed on a wetland, has a potential hydrologic connection to such a wetland in the event of an escape of liquids from the facility, or is within a mile of such a wetland, unless the Director determines that less frequent monitoring is necessary. This provision shall not limit the authority of the Board or the Director to require that monitoring be conducted more frequently than quarterly. If the landfill is one that accepts only ash, ground water monitoring shall be conducted semiannually, unless more frequent monitoring is required by the Board or the Director. All results shall be reported to the Department.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":199974,"text":"This section shall not apply to landfills which impact less than two acres of nontidal wetlands.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":199975,"text":"For purposes of this section, “wetland” means any tidal wetland or nontidal wetland contiguous to any tidal wetland or surface water body.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":199976,"text":"There shall be no additional exemptions granted from this section unless (i) the proponent has submitted to the Department an assessment of the potential impact to wetlands, the need for the exemption, and the alternatives considered and (ii) the Department has made the information available for public review for at least 60 days prior to the first day of the next Regular Session of the General Assembly.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12812,"edition_id":1,"name":"Solid Waste Management","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145975,"object_type":"structure","relational_id":12812,"identifier":"2","token":"10.1\/II\/14\/2","url":"\/10.1\/II\/14\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12811,"edition_id":1,"name":"Virginia Waste Management Act","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145887,"object_type":"structure","relational_id":12811,"identifier":"14","token":"10.1\/II\/14","url":"\/10.1\/II\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59261,"structure_id":12812,"section_number":"10.1-1408","catch_line":"Repealed","url":"\/10.1-1408\/","token":"10.1\/II\/14\/2\/10.1-1408","metadata":false},{"id":83474,"structure_id":12812,"section_number":"10.1-1408.1","catch_line":"Permit required; open dumps prohibited","url":"\/10.1-1408.1\/","token":"10.1\/II\/14\/2\/10.1-1408.1","metadata":false},{"id":64357,"structure_id":12812,"section_number":"10.1-1408.2","catch_line":"Certification and on-site presence of facility operator","url":"\/10.1-1408.2\/","token":"10.1\/II\/14\/2\/10.1-1408.2","metadata":false},{"id":73992,"structure_id":12812,"section_number":"10.1-1408.3","catch_line":"Repealed","url":"\/10.1-1408.3\/","token":"10.1\/II\/14\/2\/10.1-1408.3","metadata":false},{"id":71822,"structure_id":12812,"section_number":"10.1-1408.4","catch_line":"Landfill siting review","url":"\/10.1-1408.4\/","token":"10.1\/II\/14\/2\/10.1-1408.4","metadata":false},{"id":54478,"structure_id":12812,"section_number":"10.1-1408.5","catch_line":"Special provisions regarding wetlands","url":"\/10.1-1408.5\/","token":"10.1\/II\/14\/2\/10.1-1408.5","metadata":false},{"id":53974,"structure_id":12812,"section_number":"10.1-1409","catch_line":"Revocation or amendment of permits","url":"\/10.1-1409\/","token":"10.1\/II\/14\/2\/10.1-1409","metadata":false},{"id":54905,"structure_id":12812,"section_number":"10.1-1410","catch_line":"Financial responsibility for abandoned facilities; penalties","url":"\/10.1-1410\/","token":"10.1\/II\/14\/2\/10.1-1410","metadata":false},{"id":57499,"structure_id":12812,"section_number":"10.1-1410.1","catch_line":"Sanitary landfill final closure plans; notification requirements","url":"\/10.1-1410.1\/","token":"10.1\/II\/14\/2\/10.1-1410.1","metadata":false},{"id":82267,"structure_id":12812,"section_number":"10.1-1410.2","catch_line":"Landfill postclosure monitoring, maintenance and plans","url":"\/10.1-1410.2\/","token":"10.1\/II\/14\/2\/10.1-1410.2","metadata":false},{"id":56655,"structure_id":12812,"section_number":"10.1-1410.3","catch_line":"Operating burn pits at closed landfills","url":"\/10.1-1410.3\/","token":"10.1\/II\/14\/2\/10.1-1410.3","metadata":false},{"id":65506,"structure_id":12812,"section_number":"10.1-1411","catch_line":"Regional and local solid waste management plans","url":"\/10.1-1411\/","token":"10.1\/II\/14\/2\/10.1-1411","metadata":false},{"id":73589,"structure_id":12812,"section_number":"10.1-1412","catch_line":"Contracts by counties, cities and towns","url":"\/10.1-1412\/","token":"10.1\/II\/14\/2\/10.1-1412","metadata":false},{"id":63196,"structure_id":12812,"section_number":"10.1-1413","catch_line":"State aid to localities for solid waste disposal","url":"\/10.1-1413\/","token":"10.1\/II\/14\/2\/10.1-1413","metadata":false},{"id":57148,"structure_id":12812,"section_number":"10.1-1413.1","catch_line":"Waste information and assessment program","url":"\/10.1-1413.1\/","token":"10.1\/II\/14\/2\/10.1-1413.1","metadata":false}],"previous_section":{"id":71822,"structure_id":12812,"section_number":"10.1-1408.4","catch_line":"Landfill siting review","url":"\/10.1-1408.4\/","token":"10.1\/II\/14\/2\/10.1-1408.4","metadata":false},"next_section":{"id":53974,"structure_id":12812,"section_number":"10.1-1409","catch_line":"Revocation or amendment of permits","url":"\/10.1-1409\/","token":"10.1\/II\/14\/2\/10.1-1409","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1408.5\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 876<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 767<\/a>; in 2005, chapter 920<\/a>; in 2007, chapters 659<\/a> and 813<\/a>.<\/p>","references":[{"id":71822,"section_number":"10.1-1408.4","catch_line":"Landfill siting review","order_by":null,"url":"\/10.1-1408.4\/"}],"refers_to":[{"id":79196,"section_number":"15.2-5102","catch_line":"One or more localities may create authority","order_by":null,"url":"\/15.2-5102\/"},{"id":82929,"section_number":"62.1-44.15:20","catch_line":"Virginia Water Protection Permit","order_by":null,"url":"\/62.1-44.15_20\/"}],"permalink":{"id":145997,"object_type":"law","relational_id":54478,"identifier":"10.1-1408.5","token":"10.1\/II\/14\/2\/10.1-1408.5","url":"\/10.1-1408.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1408.5\/","token":"10.1\/II\/14\/2\/10.1-1408.5","dublin_core":{"Title":"Special provisions regarding wetlands","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1408.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Director<\/span> shall not issue<\/span> any solid waste permit for a new municipal solid waste landfill or the expansion of a municipal solid waste landfill<\/span> that would be sited in a wetland<\/span>, provided that this subsection shall not apply to subsection B or the (i) expansion of an existing municipal solid waste landfill located in the City of Danville or the City of Suffolk when the owner or operator of the landfill is an authority created pursuant to § 15.2-5102<\/a> that has applied for a permit under § 404 of the federal Clean Water Act prior to January 1, 1989, and the owner or operator has received a permit under § 404 of the federal Clean Water Act and the Virginia Water Resources and Wetlands<\/span> Protection Program, Article 2.2 (§ 62.1-44.15:20<\/a> et seq.) of Chapter 3.1 of Title 62.1, or (ii) construction of a new municipal solid waste landfill in Mecklenburg County and provided that the municipal solid waste landfills covered under clauses (i) and (ii) have complied with all other applicable federal and state environmental laws<\/span> and regulations. It is expressly understood that while the provisions of this section provide an exemption to the general siting prohibition contained herein; it is not the intent<\/span> in so doing to express an opinion<\/span> on whether or not the project should receive the necessary environmental and regulatory permits to proceed. For the purposes of this section, the term “expansion of a municipal solid waste landfill<\/span>” shall include the siting and construction of new cells or the expansion of existing cells at the same location. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> may issue<\/span> a solid waste permit for the expansion of a municipal solid waste landfill<\/span> located in a wetland<\/span> only if the following conditions are met: (i) the proposed landfill site is at least 100 feet from any surface water body and at least one mile from any tidal wetland<\/span>; (ii) the Director<\/span> determines, based upon the existing condition of the wetland<\/span> system, including, but not limited to, sedimentation, toxicity, acidification, nitrification, vegetation, and proximity to existing permitted waste disposal<\/span> areas, roads or other structures, that the construction or restoration of a wetland<\/span> system in another location in accordance with a Virginia Water Protection Permit approved by the State Water Control Board<\/span> would provide higher quality wetlands<\/span>; and (iii) the permit requires a minimum two-to-one wetlands<\/span> mitigation ratio. This subsection shall not apply to the exemptions provided in clauses (i) and (ii) of subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Ground water monitoring shall be conducted at least quarterly by the owner or operator of any existing solid waste management<\/span> landfill, accepting municipal solid waste, that was constructed on a wetland<\/span>, has a potential hydrologic connection to such a wetland<\/span> in the event of an escape of liquids from the facility, or is within a mile of such a wetland<\/span>, unless the Director<\/span> determines that less frequent monitoring is necessary. This provision shall not limit the authority of the Board<\/span> or the Director<\/span> to require that monitoring be conducted more frequently than quarterly. If the landfill is one that accepts only ash, ground water monitoring shall be conducted semiannually, unless more frequent monitoring is required by the Board<\/span> or the Director<\/span>. All results shall be reported to the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This section shall not apply to landfills which impact less than two acres of nontidal wetlands<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For purposes of this section, “wetland<\/span>” means any tidal wetland<\/span> or nontidal wetland<\/span> contiguous to any tidal wetland<\/span> or surface water body. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> There shall be no additional exemptions granted from this section unless (i) the proponent has submitted to the Department<\/span> an assessment of the potential impact to wetlands<\/span>, the need for the exemption, and the alternatives considered and (ii) the Department<\/span> has made the information available for public review for at least 60 days prior to the first day of the next Regular Session of the General Assembly. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSPECIAL PROVISIONS REGARDING WETLANDS (\u00a7 10.1-1408.5)\n\nA. The Director shall not issue any solid waste permit for a new municipal solid\nwaste landfill or the expansion of a municipal solid waste landfill that would\nbe sited in a wetland, provided that this subsection shall not apply to\nsubsection B or the (i) expansion of an existing municipal solid waste landfill\nlocated in the City of Danville or the City of Suffolk when the owner or\noperator of the landfill is an authority created pursuant to § 15.2-5102\nthat has applied for a permit under § 404 of the federal Clean Water Act\nprior to January 1, 1989, and the owner or operator has received a permit under\n§ 404 of the federal Clean Water Act and the Virginia Water Resources and\nWetlands Protection Program, Article 2.2 (§ 62.1-44.15:20 et seq.) of\nChapter 3.1 of Title 62.1, or (ii) construction of a new municipal solid waste\nlandfill in Mecklenburg County and provided that the municipal solid waste\nlandfills covered under clauses (i) and (ii) have complied with all other\napplicable federal and state environmental laws and regulations. It is expressly\nunderstood that while the provisions of this section provide an exemption to the\ngeneral siting prohibition contained herein; it is not the intent in so doing to\nexpress an opinion on whether or not the project should receive the necessary\nenvironmental and regulatory permits to proceed. For the purposes of this\nsection, the term “expansion of a municipal solid waste landfill”\nshall include the siting and construction of new cells or the expansion of\nexisting cells at the same location.\n\nB. The Director may issue a solid waste permit for the expansion of a municipal\nsolid waste landfill located in a wetland only if the following conditions are\nmet: (i) the proposed landfill site is at least 100 feet from any surface water\nbody and at least one mile from any tidal wetland; (ii) the Director determines,\nbased upon the existing condition of the wetland system, including, but not\nlimited to, sedimentation, toxicity, acidification, nitrification, vegetation,\nand proximity to existing permitted waste disposal areas, roads or other\nstructures, that the construction or restoration of a wetland system in another\nlocation in accordance with a Virginia Water Protection Permit approved by the\nState Water Control Board would provide higher quality wetlands; and (iii) the\npermit requires a minimum two-to-one wetlands mitigation ratio. This subsection\nshall not apply to the exemptions provided in clauses (i) and (ii) of subsection\nA.\n\nC. Ground water monitoring shall be conducted at least quarterly by the owner or\noperator of any existing solid waste management landfill, accepting municipal\nsolid waste, that was constructed on a wetland, has a potential hydrologic\nconnection to such a wetland in the event of an escape of liquids from the\nfacility, or is within a mile of such a wetland, unless the Director determines\nthat less frequent monitoring is necessary. This provision shall not limit the\nauthority of the Board or the Director to require that monitoring be conducted\nmore frequently than quarterly. If the landfill is one that accepts only ash,\nground water monitoring shall be conducted semiannually, unless more frequent\nmonitoring is required by the Board or the Director. All results shall be\nreported to the Department.\n\nD. This section shall not apply to landfills which impact less than two acres of\nnontidal wetlands.\n\nE. For purposes of this section, “wetland” means any tidal wetland\nor nontidal wetland contiguous to any tidal wetland or surface water body.\n\nF. There shall be no additional exemptions granted from this section unless (i)\nthe proponent has submitted to the Department an assessment of the potential\nimpact to wetlands, the need for the exemption, and the alternatives considered\nand (ii) the Department has made the information available for public review for\nat least 60 days prior to the first day of the next Regular Session of the\nGeneral Assembly.\n\nHISTORY: 1999, c. 876; 2001, c. 767; 2005, c. 920; 2007, cc. 659, 813.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}