{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-246.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-246.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-246.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-246.html"}],"law_id":81093,"edition_id":1,"section_id":81093,"structure_id":14738,"section_number":"62.1-246","catch_line":"When Board may initiate a surface water management area study proceeding; hearing required","history":"1989, c. 721; 2007, cc. 873, 916.","full_text":"A\n\nThe Board upon its own motion or, in its discretion, upon receipt of a petition therefor by any county, city or town within the surface water management area in question, or any state agency, may initiate a surface water management area proceeding whenever in its judgment there is evidence to indicate that:1\n\nA stream has substantial instream values as indicated by evidence of fishery, recreation, habitat, cultural or aesthetic properties; and2\n\nHistorical records or current conditions indicate that a low flow condition could occur which would threaten important instream uses; and3\n\nCurrent or potential offstream uses contribute to or are likely to exacerbate natural low flow conditions to the detriment of instream values.B\n\nIf, after a public hearing held pursuant to § 2.2-4007.01, or at the request of an affected person or on the Board’s motion, a hearing shall be held under § 2.2-4009, and the Board finds that the conditions required above exist and further finds that the public welfare, health and safety require that regulatory efforts be initiated, the Board shall declare the area in question to be a surface water management area. The Board shall cause notice of the surface water management area to be published in a newspaper of general circulation throughout the area, and shall mail a copy of its decision to the mayor or chairman of the governing body of each county, city or town within which any part of the area lies, or which is known by the Board to make offstream use of water from the area, and to the chief administrative officer of any federal facility known by the Board to be using water from within the area. The Board shall include in its decision a definition of the boundaries of the water management area.","order_by":null,"text":{"0":{"id":290705,"text":"The Board upon its own motion or, in its discretion, upon receipt of a petition therefor by any county, city or town within the surface water management area in question, or any state agency, may initiate a surface water management area proceeding whenever in its judgment there is evidence to indicate that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":290706,"text":"A stream has substantial instream values as indicated by evidence of fishery, recreation, habitat, cultural or aesthetic properties; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":290707,"text":"Historical records or current conditions indicate that a low flow condition could occur which would threaten important instream uses; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":290708,"text":"Current or potential offstream uses contribute to or are likely to exacerbate natural low flow conditions to the detriment of instream values.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":290709,"text":"If, after a public hearing held pursuant to § 2.2-4007.01, or at the request of an affected person or on the Board’s motion, a hearing shall be held under § 2.2-4009, and the Board finds that the conditions required above exist and further finds that the public welfare, health and safety require that regulatory efforts be initiated, the Board shall declare the area in question to be a surface water management area. The Board shall cause notice of the surface water management area to be published in a newspaper of general circulation throughout the area, and shall mail a copy of its decision to the mayor or chairman of the governing body of each county, city or town within which any part of the area lies, or which is known by the Board to make offstream use of water from the area, and to the chief administrative officer of any federal facility known by the Board to be using water from within the area. The Board shall include in its decision a definition of the boundaries of the water management area.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3"}},"ancestry":[{"id":14738,"edition_id":1,"name":"Surface Water Management Areas","identifier":"24","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:49:38","date_modified":"2026-06-26 03:49:38","permalink":{"id":268981,"object_type":"structure","relational_id":14738,"identifier":"24","token":"62.1\/24","url":"\/62.1\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82494,"structure_id":14738,"section_number":"62.1-242","catch_line":"Definitions","url":"\/62.1-242\/","token":"62.1\/24\/62.1-242","metadata":false},{"id":65978,"structure_id":14738,"section_number":"62.1-243","catch_line":" Withdrawals for which surface water withdrawal permit not required","url":"\/62.1-243\/","token":"62.1\/24\/62.1-243","metadata":false},{"id":56452,"structure_id":14738,"section_number":"62.1-244","catch_line":"Board may require information from persons withdrawing surface water","url":"\/62.1-244\/","token":"62.1\/24\/62.1-244","metadata":false},{"id":71712,"structure_id":14738,"section_number":"62.1-245","catch_line":"Agreements among persons withdrawing surface water","url":"\/62.1-245\/","token":"62.1\/24\/62.1-245","metadata":false},{"id":81093,"structure_id":14738,"section_number":"62.1-246","catch_line":"When Board may initiate a surface water management area study proceeding; hearing required","url":"\/62.1-246\/","token":"62.1\/24\/62.1-246","metadata":false},{"id":58100,"structure_id":14738,"section_number":"62.1-247","catch_line":"Use of surface water in surface water management area","url":"\/62.1-247\/","token":"62.1\/24\/62.1-247","metadata":false},{"id":82015,"structure_id":14738,"section_number":"62.1-248","catch_line":"Permits","url":"\/62.1-248\/","token":"62.1\/24\/62.1-248","metadata":false},{"id":81248,"structure_id":14738,"section_number":"62.1-248.1","catch_line":"When application for permit considered complete","url":"\/62.1-248.1\/","token":"62.1\/24\/62.1-248.1","metadata":false},{"id":86998,"structure_id":14738,"section_number":"62.1-248.2","catch_line":"Permit rationale","url":"\/62.1-248.2\/","token":"62.1\/24\/62.1-248.2","metadata":false},{"id":83275,"structure_id":14738,"section_number":"62.1-249","catch_line":"Applicability of permit conditions","url":"\/62.1-249\/","token":"62.1\/24\/62.1-249","metadata":false},{"id":56903,"structure_id":14738,"section_number":"62.1-250","catch_line":"State agency review","url":"\/62.1-250\/","token":"62.1\/24\/62.1-250","metadata":false},{"id":74409,"structure_id":14738,"section_number":"62.1-251","catch_line":"Cancellation or suspension of permit","url":"\/62.1-251\/","token":"62.1\/24\/62.1-251","metadata":false},{"id":85993,"structure_id":14738,"section_number":"62.1-252","catch_line":"Penalties; injunctions","url":"\/62.1-252\/","token":"62.1\/24\/62.1-252","metadata":false},{"id":86291,"structure_id":14738,"section_number":"62.1-253","catch_line":"Riparian rights","url":"\/62.1-253\/","token":"62.1\/24\/62.1-253","metadata":false}],"previous_section":{"id":71712,"structure_id":14738,"section_number":"62.1-245","catch_line":"Agreements among persons withdrawing surface water","url":"\/62.1-245\/","token":"62.1\/24\/62.1-245","metadata":false},"next_section":{"id":58100,"structure_id":14738,"section_number":"62.1-247","catch_line":"Use of surface water in surface water management area","url":"\/62.1-247\/","token":"62.1\/24\/62.1-247","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-246\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 721 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 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2007, chapters 873<\/a> and 916<\/a>.<\/p>","references":false,"refers_to":[{"id":74274,"section_number":"2.2-4007.01","catch_line":"Notice of intended regulatory action; public hearing","order_by":null,"url":"\/2.2-4007.01\/"},{"id":72032,"section_number":"2.2-4009","catch_line":"Evidentiary hearings on regulations","order_by":null,"url":"\/2.2-4009\/"}],"permalink":{"id":268999,"object_type":"law","relational_id":81093,"identifier":"62.1-246","token":"62.1\/24\/62.1-246","url":"\/62.1-246\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-246\/","token":"62.1\/24\/62.1-246","dublin_core":{"Title":"When Board may initiate a surface water management area study proceeding; hearing required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-246","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> upon its own motion<\/span> or, in its discretion, upon receipt of a petition<\/span> therefor by any county, city or town within the surface water management area<\/span> in question, or any state agency, may initiate a surface water management area<\/span> proceeding whenever in its judgment<\/span> there is evidence<\/span> to indicate that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A stream has substantial instream values as indicated by evidence<\/span> of fishery, recreation, habitat, cultural or aesthetic properties; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Historical records or current conditions indicate that a low flow condition could occur which would threaten important instream uses; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Current or potential offstream uses contribute to or are likely to exacerbate natural low flow conditions to the detriment of instream values. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, after a public hearing<\/span> held pursuant to § 2.2-4007.01<\/a>, or at the request of an affected person or on the Board<\/span>’s motion<\/span>, a hearing<\/span> shall be held under § 2.2-4009<\/a>, and the Board<\/span> finds that the conditions required above exist and further finds that the public welfare, health and safety require that regulatory efforts be initiated, the Board<\/span> shall declare the area in question to be a surface water management area<\/span>. The Board<\/span> shall cause notice of the surface water management area<\/span> to be published in a newspaper of general circulation throughout the area, and shall mail a copy of its decision to the mayor or chairman of the governing body of each county, city or town within which any part of the area lies, or which is known by the Board<\/span> to make offstream use of water from the area, and to the chief administrative officer of any federal facility known by the Board<\/span> to be using water from within the area. The Board<\/span> shall include in its decision a definition of the boundaries of the water management area. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN BOARD MAY INITIATE A SURFACE WATER MANAGEMENT AREA STUDY PROCEEDING;\nHEARING REQUIRED (\u00a7 62.1-246)\n\nA. The Board upon its own motion or, in its discretion, upon receipt of a\npetition therefor by any county, city or town within the surface water\nmanagement area in question, or any state agency, may initiate a surface water\nmanagement area proceeding whenever in its judgment there is evidence to\nindicate that:\n\n 1. A stream has substantial instream values as indicated by evidence of\n fishery, recreation, habitat, cultural or aesthetic properties; and\n\n 2. Historical records or current conditions indicate that a low flow condition\n could occur which would threaten important instream uses; and\n\n 3. Current or potential offstream uses contribute to or are likely to\n exacerbate natural low flow conditions to the detriment of instream values.\n\nB. If, after a public hearing held pursuant to § 2.2-4007.01, or at the\nrequest of an affected person or on the Board’s motion, a hearing shall be\nheld under § 2.2-4009, and the Board finds that the conditions required\nabove exist and further finds that the public welfare, health and safety require\nthat regulatory efforts be initiated, the Board shall declare the area in\nquestion to be a surface water management area. The Board shall cause notice of\nthe surface water management area to be published in a newspaper of general\ncirculation throughout the area, and shall mail a copy of its decision to the\nmayor or chairman of the governing body of each county, city or town within\nwhich any part of the area lies, or which is known by the Board to make\noffstream use of water from the area, and to the chief administrative officer of\nany federal facility known by the Board to be using water from within the area.\nThe Board shall include in its decision a definition of the boundaries of the\nwater management area.\n\nHISTORY: 1989, c. 721; 2007, cc. 873, 916.","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}}