{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-176.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-176.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-176.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-176.4.html"}],"law_id":74291,"edition_id":1,"section_id":74291,"structure_id":13221,"section_number":"32.1-176.4","catch_line":"Powers and duties of Board and Department; regulations; fees","history":"1986, c. 401; 1988, c. 203; 1991, c. 514; 1992, c. 599; 1993, cc. 85, 728, 794; 1994, cc. 141, 747; 1999, c. 633; 2004, c. 72; 2009, cc. 105, 710.","full_text":"A\n\nThe Board shall adopt regulations pertaining to the location and construction of private wells in the Commonwealth. These regulations shall include minimum storage capacity and yield requirements for residential drinking wells. The certified water well systems provider shall certify the storage capacity and the yield of the well on a form provided by the Department at the time the well is completed. The Department shall enforce the provisions of this article and any rules and regulations adopted pursuant thereto. However, for private wells located in the Counties of Fairfax, Goochland, James City, Loudoun, Powhatan, and Prince William and the City of Suffolk, the governing body of such county or city may, by ordinance, establish standards which are consistent with Board standards pertaining to location and testing of water therefrom and more stringent than those adopted by the Board pertaining to construction and abandonment. However, any county or city granted these additional powers shall not require certification for drillers of monitoring wells and any recovery wells associated with such monitoring wells.B\n\nA fee of $40 shall be charged for filing an application for a private well construction permit with the Department. Funds received in payment of such charges shall be transmitted to the Comptroller for deposit. The funds from the fees shall be credited to a special fund to be appropriated by the General Assembly, as it deems necessary, to the Department for the purpose of carrying out the provisions of this title. The Board, in its regulations, shall establish a procedure for the waiver of fees for persons whose incomes are below the federal poverty guidelines established by the United States Department of Health and Human Services or when the application is for replacement of a well. If the Department denies the permit for land on which the applicant seeks to construct his principal place of residence, then such fee shall be refunded to the applicant.\n\t\t\tFrom such funds as are appropriated to the Department from the special fund, the Board shall apportion a share to the local or district health departments to be allocated in the same ratios as provided for the operation of such health departments pursuant to § 32.1-31. Such funds shall be transmitted to the local or district health departments on a quarterly basis.C\n\nThe Board’s regulations shall provide for the issuance of an express geothermal permit allowing, upon proper registration and payment of application fees, the construction of wells used solely for a closed loop geothermal heating system. The express geothermal permit shall include:1\n\nA requirement that all well construction be performed by a person holding a valid, appropriate contractor license with water well classification pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;2\n\nA requirement that the contractor provide a registration statement to the Department prior to beginning construction of the geothermal heating system certifying that the location and construction of the geothermal heating system will comply with the private well regulations;3\n\nA requirement that the registration statement accurately identify the property location, the owner’s name, address, and contact information, and the contractor’s name, address, and contact information;4\n\nA requirement that the registration statement include a detailed site plan, drawn to scale, showing the location of the geothermal heating system and any potential sources of contamination;5\n\nA provision that construction of the geothermal heating system may begin immediately upon submittal of a proper registration statement; and6\n\nA provision that a single application and a single fee be required for any geothermal well system. The fee will be equal to the fee for a single private well.","order_by":null,"text":{"0":{"id":267094,"text":"The Board shall adopt regulations pertaining to the location and construction of private wells in the Commonwealth. These regulations shall include minimum storage capacity and yield requirements for residential drinking wells. The certified water well systems provider shall certify the storage capacity and the yield of the well on a form provided by the Department at the time the well is completed. The Department shall enforce the provisions of this article and any rules and regulations adopted pursuant thereto. However, for private wells located in the Counties of Fairfax, Goochland, James City, Loudoun, Powhatan, and Prince William and the City of Suffolk, the governing body of such county or city may, by ordinance, establish standards which are consistent with Board standards pertaining to location and testing of water therefrom and more stringent than those adopted by the Board pertaining to construction and abandonment. However, any county or city granted these additional powers shall not require certification for drillers of monitoring wells and any recovery wells associated with such monitoring wells.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267095,"text":"A fee of $40 shall be charged for filing an application for a private well construction permit with the Department. Funds received in payment of such charges shall be transmitted to the Comptroller for deposit. The funds from the fees shall be credited to a special fund to be appropriated by the General Assembly, as it deems necessary, to the Department for the purpose of carrying out the provisions of this title. The Board, in its regulations, shall establish a procedure for the waiver of fees for persons whose incomes are below the federal poverty guidelines established by the United States Department of Health and Human Services or when the application is for replacement of a well. If the Department denies the permit for land on which the applicant seeks to construct his principal place of residence, then such fee shall be refunded to the applicant.\n\t\t\tFrom such funds as are appropriated to the Department from the special fund, the Board shall apportion a share to the local or district health departments to be allocated in the same ratios as provided for the operation of such health departments pursuant to § 32.1-31. Such funds shall be transmitted to the local or district health departments on a quarterly basis.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267096,"text":"The Board’s regulations shall provide for the issuance of an express geothermal permit allowing, upon proper registration and payment of application fees, the construction of wells used solely for a closed loop geothermal heating system. The express geothermal permit shall include:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":267097,"text":"A requirement that all well construction be performed by a person holding a valid, appropriate contractor license with water well classification pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":267098,"text":"A requirement that the contractor provide a registration statement to the Department prior to beginning construction of the geothermal heating system certifying that the location and construction of the geothermal heating system will comply with the private well regulations;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":267099,"text":"A requirement that the registration statement accurately identify the property location, the owner’s name, address, and contact information, and the contractor’s name, address, and contact information;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":267100,"text":"A requirement that the registration statement include a detailed site plan, drawn to scale, showing the location of the geothermal heating system and any potential sources of contamination;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":267101,"text":"A provision that construction of the geothermal heating system may begin immediately upon submittal of a proper registration statement; and","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":267102,"text":"A provision that a single application and a single fee be required for any geothermal well system. The fee will be equal to the fee for a single private well.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5"}},"ancestry":[{"id":13221,"edition_id":1,"name":"Private Well Construction","identifier":"2.1","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:44:28","date_modified":"2026-06-26 03:44:28","permalink":{"id":203809,"object_type":"structure","relational_id":13221,"identifier":"2.1","token":"32.1\/6\/2.1","url":"\/32.1\/6\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12941,"edition_id":1,"name":"Environmental Health Services","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":203563,"object_type":"structure","relational_id":12941,"identifier":"6","token":"32.1\/6","url":"\/32.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69862,"structure_id":13221,"section_number":"32.1-176.1","catch_line":"Short title","url":"\/32.1-176.1\/","token":"32.1\/6\/2.1\/32.1-176.1","metadata":false},{"id":73574,"structure_id":13221,"section_number":"32.1-176.2","catch_line":"Findings and policy","url":"\/32.1-176.2\/","token":"32.1\/6\/2.1\/32.1-176.2","metadata":false},{"id":71174,"structure_id":13221,"section_number":"32.1-176.3","catch_line":"Definitions","url":"\/32.1-176.3\/","token":"32.1\/6\/2.1\/32.1-176.3","metadata":false},{"id":74291,"structure_id":13221,"section_number":"32.1-176.4","catch_line":"Powers and duties of Board and Department; regulations; fees","url":"\/32.1-176.4\/","token":"32.1\/6\/2.1\/32.1-176.4","metadata":false},{"id":79950,"structure_id":13221,"section_number":"32.1-176.5","catch_line":"Construction permit; local government authority to require analysis of water","url":"\/32.1-176.5\/","token":"32.1\/6\/2.1\/32.1-176.5","metadata":false},{"id":83042,"structure_id":13221,"section_number":"32.1-176.5:1","catch_line":"Department to test for oil contamination; maintain lists of private laboratories","url":"\/32.1-176.5_1\/","token":"32.1\/6\/2.1\/32.1-176.5_1","metadata":false},{"id":54228,"structure_id":13221,"section_number":"32.1-176.5:2","catch_line":"Prohibition on private well construction","url":"\/32.1-176.5_2\/","token":"32.1\/6\/2.1\/32.1-176.5_2","metadata":false},{"id":86340,"structure_id":13221,"section_number":"32.1-176.6","catch_line":"Inspection","url":"\/32.1-176.6\/","token":"32.1\/6\/2.1\/32.1-176.6","metadata":false},{"id":58056,"structure_id":13221,"section_number":"32.1-176.7","catch_line":"Other agencies to cooperate with Department","url":"\/32.1-176.7\/","token":"32.1\/6\/2.1\/32.1-176.7","metadata":false}],"previous_section":{"id":71174,"structure_id":13221,"section_number":"32.1-176.3","catch_line":"Definitions","url":"\/32.1-176.3\/","token":"32.1\/6\/2.1\/32.1-176.3","metadata":false},"next_section":{"id":79950,"structure_id":13221,"section_number":"32.1-176.5","catch_line":"Construction permit; local government authority to require analysis of water","url":"\/32.1-176.5\/","token":"32.1\/6\/2.1\/32.1-176.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-176.4\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 401 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. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1988, chapter 203; in 1991, chapter 514; in 1992, chapter 599; in 1993, chapters 85, 728, and 794; in 1994, chapters 141<\/a> and 747<\/a>; in 1999, chapter 633<\/a>; in 2004, chapter 72<\/a>; in 2009, chapters 105<\/a> and 710<\/a>.<\/p>","references":[{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"}],"refers_to":[{"id":68104,"section_number":"32.1-31","catch_line":"Operation of local health department under contract with Board; local health services advisory boards; district health departments","order_by":null,"url":"\/32.1-31\/"},{"id":85110,"section_number":"54.1-1100","catch_line":"Definitions","order_by":null,"url":"\/54.1-1100\/"}],"permalink":{"id":203823,"object_type":"law","relational_id":74291,"identifier":"32.1-176.4","token":"32.1\/6\/2.1\/32.1-176.4","url":"\/32.1-176.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-176.4\/","token":"32.1\/6\/2.1\/32.1-176.4","dublin_core":{"Title":"Powers and duties of Board and Department; regulations; fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-176.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall adopt regulations pertaining to the location and construction of private wells<\/span> in the Commonwealth. These regulations shall include minimum storage capacity and yield requirements for residential drinking wells. The certified water well systems provider shall certify the storage capacity and the yield of the well on a form provided by the Department<\/span> at the time the well is completed. The Department<\/span> shall enforce the provisions of this article and any rules and regulations adopted pursuant thereto. However, for private wells<\/span> located in the Counties of Fairfax, Goochland, James City, Loudoun, Powhatan, and Prince William and the City of Suffolk, the governing body of such county or city may, by ordinance<\/span>, establish standards which are consistent with Board<\/span> standards pertaining to location and testing of water therefrom and more stringent than those adopted by the Board<\/span> pertaining to construction and abandonment. However, any county or city granted these additional powers shall not require certification for drillers of monitoring wells and any recovery wells associated with such monitoring wells. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A fee of $40 shall be charged for filing an application for a private well<\/span> construction permit with the Department<\/span>. Funds received in payment of such charges shall be transmitted to the Comptroller for deposit. The funds from the fees shall be credited to a special fund to be appropriated by the General Assembly, as it deems necessary, to the Department<\/span> for the purpose of carrying out the provisions of this title. The Board<\/span>, in its regulations, shall establish a procedure for the waiver<\/span> of fees for persons<\/span> whose incomes are below the federal poverty guidelines established by the United States Department<\/span> of Health and Human Services or when the application is for replacement of a well. If the Department<\/span> denies the permit for land on which the applicant seeks to construct his principal place of residence, then such fee shall be refunded to the applicant.\n\t\t\tFrom such funds as are appropriated to the Department<\/span> from the special fund, the Board<\/span> shall apportion a share to the local or district health departments<\/span> to be allocated in the same ratios as provided for the operation of such health departments<\/span> pursuant to § 32.1-31<\/a>. Such funds shall be transmitted to the local or district health departments<\/span> on a quarterly basis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span>’s regulations shall provide for the issuance of an express geothermal permit allowing, upon proper registration and payment of application fees, the construction of wells<\/span> used solely for a closed loop geothermal heating system. The express geothermal permit shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A requirement that all well construction be performed by a person<\/span> holding a valid, appropriate contractor license with water well classification pursuant to Chapter 11 (§ 54.1-1100<\/a> et seq.) of Title 54.1; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A requirement that the contractor provide a registration statement to the Department<\/span> prior to beginning construction of the geothermal heating system certifying that the location and construction of the geothermal heating system will comply with the private well<\/span> regulations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A requirement that the registration statement accurately identify the property location, the owner’s name, address, and contact information, and the contractor’s name, address, and contact information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A requirement that the registration statement include a detailed site plan<\/span>, drawn to scale, showing the location of the geothermal heating system and any potential sources of contamination; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A provision that construction of the geothermal heating system may begin immediately upon submittal of a proper registration statement; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> A provision that a single application and a single fee be required for any geothermal well system. The fee will be equal to the fee for a single private well<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF BOARD AND DEPARTMENT; REGULATIONS; FEES (\u00a7 32.1-176.4)\n\nA. The Board shall adopt regulations pertaining to the location and construction\nof private wells in the Commonwealth. These regulations shall include minimum\nstorage capacity and yield requirements for residential drinking wells. The\ncertified water well systems provider shall certify the storage capacity and the\nyield of the well on a form provided by the Department at the time the well is\ncompleted. The Department shall enforce the provisions of this article and any\nrules and regulations adopted pursuant thereto. However, for private wells\nlocated in the Counties of Fairfax, Goochland, James City, Loudoun, Powhatan,\nand Prince William and the City of Suffolk, the governing body of such county or\ncity may, by ordinance, establish standards which are consistent with Board\nstandards pertaining to location and testing of water therefrom and more\nstringent than those adopted by the Board pertaining to construction and\nabandonment. However, any county or city granted these additional powers shall\nnot require certification for drillers of monitoring wells and any recovery\nwells associated with such monitoring wells.\n\nB. A fee of $40 shall be charged for filing an application for a private well\nconstruction permit with the Department. Funds received in payment of such\ncharges shall be transmitted to the Comptroller for deposit. The funds from the\nfees shall be credited to a special fund to be appropriated by the General\nAssembly, as it deems necessary, to the Department for the purpose of carrying\nout the provisions of this title. The Board, in its regulations, shall establish\na procedure for the waiver of fees for persons whose incomes are below the\nfederal poverty guidelines established by the United States Department of Health\nand Human Services or when the application is for replacement of a well. If the\nDepartment denies the permit for land on which the applicant seeks to construct\nhis principal place of residence, then such fee shall be refunded to the\napplicant.\n\t\t\tFrom such funds as are appropriated to the Department from the special fund,\nthe Board shall apportion a share to the local or district health departments to\nbe allocated in the same ratios as provided for the operation of such health\ndepartments pursuant to § 32.1-31. Such funds shall be transmitted to the\nlocal or district health departments on a quarterly basis.\n\nC. The Board’s regulations shall provide for the issuance of an express\ngeothermal permit allowing, upon proper registration and payment of application\nfees, the construction of wells used solely for a closed loop geothermal heating\nsystem. The express geothermal permit shall include:\n\n 1. A requirement that all well construction be performed by a person holding a\n valid, appropriate contractor license with water well classification pursuant\n to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;\n\n 2. A requirement that the contractor provide a registration statement to the\n Department prior to beginning construction of the geothermal heating system\n certifying that the location and construction of the geothermal heating system\n will comply with the private well regulations;\n\n 3. A requirement that the registration statement accurately identify the\n property location, the owner’s name, address, and contact information,\n and the contractor’s name, address, and contact information;\n\n 4. A requirement that the registration statement include a detailed site plan,\n drawn to scale, showing the location of the geothermal heating system and any\n potential sources of contamination;\n\n 5. A provision that construction of the geothermal heating system may begin\n immediately upon submittal of a proper registration statement; and\n\n 6. A provision that a single application and a single fee be required for any\n geothermal well system. The fee will be equal to the fee for a single private\n well.\n\nHISTORY: 1986, c. 401; 1988, c. 203; 1991, c. 514; 1992, c. 599; 1993, cc. 85,\n728, 794; 1994, cc. 141, 747; 1999, c. 633; 2004, c. 72; 2009, cc. 105, 710.","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}}