{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1205.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1205.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1205.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1205.1.html"}],"law_id":83246,"edition_id":1,"section_id":83246,"structure_id":13215,"section_number":"28.2-1205.1","catch_line":"Coordinated review of water resources projects","history":"2005, c. 49; 2020, c. 958; 2022, c. 356.","full_text":"A\n\nApplications for water resources projects that require a Virginia Marine Resources permit and an individual Virginia Water Protection Permit under § 62.1-44.15:20 shall be submitted and processed through a joint application and review process.B\n\nThe Commissioner and the Director of the Department of Environmental Quality, in consultation with the Virginia Institute of Marine Science, the Department of Wildlife Resources, the Department of Historic Resources, the Department of Health, the Department of Conservation and Recreation, the Virginia Department of Agriculture and Consumer Services, and any other appropriate or interested state agency, shall coordinate the joint review process to ensure the orderly evaluation of projects requiring both permits.C\n\nThe joint review process shall include, but not be limited to, provisions to ensure that: (i) the initial application for the project shall be advertised simultaneously by the Commission and the Department of Environmental Quality; (ii) project reviews shall be completed by all state agencies that have been asked to review and provide comments, within 45 days of project notification by the Commission and the Department of Environmental Quality; (iii) the Commission and the Department of Environmental Quality shall coordinate permit issuance and, to the extent practicable, shall take action on the permit application no later than one year after the agencies have received complete applications; (iv) to the extent practicable, the Commission and the Department of Environmental Quality shall take action concurrently, but no more than six months apart; and (v) upon taking its final action on each permit, the Commission and the Department of Environmental Quality shall provide each other with notification of its action and any and all supporting information, including any background materials or exhibits used in the application.","order_by":null,"text":{"0":{"id":298254,"text":"Applications for water resources projects that require a Virginia Marine Resources permit and an individual Virginia Water Protection Permit under § 62.1-44.15:20 shall be submitted and processed through a joint application and review process.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298255,"text":"The Commissioner and the Director of the Department of Environmental Quality, in consultation with the Virginia Institute of Marine Science, the Department of Wildlife Resources, the Department of Historic Resources, the Department of Health, the Department of Conservation and Recreation, the Virginia Department of Agriculture and Consumer Services, and any other appropriate or interested state agency, shall coordinate the joint review process to ensure the orderly evaluation of projects requiring both permits.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":298256,"text":"The joint review process shall include, but not be limited to, provisions to ensure that: (i) the initial application for the project shall be advertised simultaneously by the Commission and the Department of Environmental Quality; (ii) project reviews shall be completed by all state agencies that have been asked to review and provide comments, within 45 days of project notification by the Commission and the Department of Environmental Quality; (iii) the Commission and the Department of Environmental Quality shall coordinate permit issuance and, to the extent practicable, shall take action on the permit application no later than one year after the agencies have received complete applications; (iv) to the extent practicable, the Commission and the Department of Environmental Quality shall take action concurrently, but no more than six months apart; and (v) upon taking its final action on each permit, the Commission and the Department of Environmental Quality shall provide each other with notification of its action and any and all supporting information, including any background materials or exhibits used in the application.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13215,"edition_id":1,"name":"Ownership and Uses of Submerged Lands","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13214,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":191919,"object_type":"structure","relational_id":13215,"identifier":"1","token":"28.2\/III\/12\/1","url":"\/28.2\/III\/12\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13214,"edition_id":1,"name":"Submerged Lands","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13040,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":191917,"object_type":"structure","relational_id":13214,"identifier":"12","token":"28.2\/III\/12","url":"\/28.2\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13040,"edition_id":1,"name":"Habitat","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:44:10","date_modified":"2026-06-26 03:44:10","permalink":{"id":191915,"object_type":"structure","relational_id":13040,"identifier":"III","token":"28.2\/III","url":"\/28.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59255,"structure_id":13215,"section_number":"28.2-1200","catch_line":"Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common","url":"\/28.2-1200\/","token":"28.2\/III\/12\/1\/28.2-1200","metadata":false},{"id":79938,"structure_id":13215,"section_number":"28.2-1200.1","catch_line":"Conveyance of state-owned bottomlands","url":"\/28.2-1200.1\/","token":"28.2\/III\/12\/1\/28.2-1200.1","metadata":false},{"id":69308,"structure_id":13215,"section_number":"28.2-1201","catch_line":"Ungranted islands which rise from lands which are property of the Commonwealth","url":"\/28.2-1201\/","token":"28.2\/III\/12\/1\/28.2-1201","metadata":false},{"id":74996,"structure_id":13215,"section_number":"28.2-1202","catch_line":"Rights of owners to extend to mean low-water mark","url":"\/28.2-1202\/","token":"28.2\/III\/12\/1\/28.2-1202","metadata":false},{"id":79002,"structure_id":13215,"section_number":"28.2-1203","catch_line":"Unlawful use of subaqueous beds; penalty","url":"\/28.2-1203\/","token":"28.2\/III\/12\/1\/28.2-1203","metadata":false},{"id":78037,"structure_id":13215,"section_number":"28.2-1204","catch_line":"Authority of Commission over submerged lands","url":"\/28.2-1204\/","token":"28.2\/III\/12\/1\/28.2-1204","metadata":false},{"id":54222,"structure_id":13215,"section_number":"28.2-1204.1","catch_line":"Submerged aquatic vegetation","url":"\/28.2-1204.1\/","token":"28.2\/III\/12\/1\/28.2-1204.1","metadata":false},{"id":72222,"structure_id":13215,"section_number":"28.2-1204.2","catch_line":"Marine Habitat and Waterways Improvement Fund established","url":"\/28.2-1204.2\/","token":"28.2\/III\/12\/1\/28.2-1204.2","metadata":false},{"id":77192,"structure_id":13215,"section_number":"28.2-1205","catch_line":"Permits for the use of state-owned bottomlands","url":"\/28.2-1205\/","token":"28.2\/III\/12\/1\/28.2-1205","metadata":false},{"id":83246,"structure_id":13215,"section_number":"28.2-1205.1","catch_line":"Coordinated review of water resources projects","url":"\/28.2-1205.1\/","token":"28.2\/III\/12\/1\/28.2-1205.1","metadata":false},{"id":69126,"structure_id":13215,"section_number":"28.2-1205.2","catch_line":"Coordinated review of public beach replenishment projects using Chesapeake Bay sand; expedited process","url":"\/28.2-1205.2\/","token":"28.2\/III\/12\/1\/28.2-1205.2","metadata":false},{"id":58867,"structure_id":13215,"section_number":"28.2-1206","catch_line":"Fees; exemptions","url":"\/28.2-1206\/","token":"28.2\/III\/12\/1\/28.2-1206","metadata":false},{"id":72997,"structure_id":13215,"section_number":"28.2-1208","catch_line":"Granting easements in, permitting the use of, or leasing the beds of certain waters","url":"\/28.2-1208\/","token":"28.2\/III\/12\/1\/28.2-1208","metadata":false},{"id":83871,"structure_id":13215,"section_number":"28.2-1209","catch_line":"Maintenance or removal of structures erected upon or over state-owned subaqueous bottoms","url":"\/28.2-1209\/","token":"28.2\/III\/12\/1\/28.2-1209","metadata":false}],"previous_section":{"id":77192,"structure_id":13215,"section_number":"28.2-1205","catch_line":"Permits for the use of state-owned bottomlands","url":"\/28.2-1205\/","token":"28.2\/III\/12\/1\/28.2-1205","metadata":false},"next_section":{"id":69126,"structure_id":13215,"section_number":"28.2-1205.2","catch_line":"Coordinated review of public beach replenishment projects using Chesapeake Bay sand; expedited process","url":"\/28.2-1205.2\/","token":"28.2\/III\/12\/1\/28.2-1205.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1205.1\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 49<\/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 2 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 2020, chapter 958<\/a>; in 2022, chapter 356<\/a>.<\/p>","references":false,"refers_to":[{"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":191957,"object_type":"law","relational_id":83246,"identifier":"28.2-1205.1","token":"28.2\/III\/12\/1\/28.2-1205.1","url":"\/28.2-1205.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1205.1\/","token":"28.2\/III\/12\/1\/28.2-1205.1","dublin_core":{"Title":"Coordinated review of water resources projects","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1205.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Applications for water resources projects that require a Virginia Marine Resources permit and an individual Virginia Water Protection Permit under § 62.1-44.15:20<\/a> shall be submitted and processed through a joint application and review process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> and the Director of the Department of Environmental Quality, in consultation with the Virginia Institute of Marine Science, the Department of Wildlife Resources, the Department of Historic Resources, the Department of Health, the Department of Conservation and Recreation, the Virginia Department of Agriculture and Consumer Services, and any other appropriate or interested state agency, shall coordinate the joint review process to ensure the orderly evaluation of projects requiring both permits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The joint review process shall include, but not be limited to, provisions to ensure that: (i) the initial application for the project shall be advertised simultaneously by the Commission<\/span> and the Department of Environmental Quality; (ii) project reviews shall be completed by all state agencies that have been asked to review and provide comments, within 45 days of project notification by the Commission<\/span> and the Department of Environmental Quality; (iii) the Commission<\/span> and the Department of Environmental Quality shall coordinate permit issuance and, to the extent practicable, shall take action on the permit application no later than one year after the agencies have received complete applications; (iv) to the extent practicable, the Commission<\/span> and the Department of Environmental Quality shall take action concurrently, but no more than six months apart; and (v) upon taking its final action on each permit, the Commission<\/span> and the Department of Environmental Quality shall provide each other with notification of its action and any and all supporting information, including any background materials<\/span> or exhibits used in the application. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOORDINATED REVIEW OF WATER RESOURCES PROJECTS (\u00a7 28.2-1205.1)\n\nA. Applications for water resources projects that require a Virginia Marine\nResources permit and an individual Virginia Water Protection Permit under §\n62.1-44.15:20 shall be submitted and processed through a joint application and\nreview process.\n\nB. The Commissioner and the Director of the Department of Environmental Quality,\nin consultation with the Virginia Institute of Marine Science, the Department of\nWildlife Resources, the Department of Historic Resources, the Department of\nHealth, the Department of Conservation and Recreation, the Virginia Department\nof Agriculture and Consumer Services, and any other appropriate or interested\nstate agency, shall coordinate the joint review process to ensure the orderly\nevaluation of projects requiring both permits.\n\nC. The joint review process shall include, but not be limited to, provisions to\nensure that: (i) the initial application for the project shall be advertised\nsimultaneously by the Commission and the Department of Environmental Quality;\n(ii) project reviews shall be completed by all state agencies that have been\nasked to review and provide comments, within 45 days of project notification by\nthe Commission and the Department of Environmental Quality; (iii) the Commission\nand the Department of Environmental Quality shall coordinate permit issuance\nand, to the extent practicable, shall take action on the permit application no\nlater than one year after the agencies have received complete applications; (iv)\nto the extent practicable, the Commission and the Department of Environmental\nQuality shall take action concurrently, but no more than six months apart; and\n(v) upon taking its final action on each permit, the Commission and the\nDepartment of Environmental Quality shall provide each other with notification\nof its action and any and all supporting information, including any background\nmaterials or exhibits used in the application.\n\nHISTORY: 2005, c. 49; 2020, c. 958; 2022, c. 356.","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}}