{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-248.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-248.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-248.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-248.html"}],"law_id":82015,"edition_id":1,"section_id":82015,"structure_id":14738,"section_number":"62.1-248","catch_line":"Permits","history":"1989, c. 721.","full_text":"A\n\nAny permit issued by the Board shall include a flow requirement appropriate for the protection of beneficial instream uses. In determining the level of flow in need of protection, the Board shall consider, among other things, recreational and aesthetic factors and the potential for substantial and long-term adverse impact on fish and wildlife found in that particular surface water management area. Should this determination indicate a need to restrict water withdrawal, the Board shall consider, among other things, the availability of alternative water supplies, the feasibility of water storage or other mitigation measures, and the socioeconomic impacts of such restrictions on the potentially affected water users and on the citizens of the Commonwealth in general.\n\t\t\tIn its permit decision, the Board shall attempt to balance offstream and instream water uses so that the welfare of the citizens of the Commonwealth is maximized without imposing unreasonable burdens on any individual water user or water-using group. The decision to implement this balance may consist of approval of withdrawal without restriction, approval subject to conditions designed to protect instream uses from unacceptable adverse effects, or disapproval of the withdrawal.\n\t\t\tPermit conditions may include, but are not limited to, the following: (i) maximum amounts which may be withdrawn, (ii) times of the day or year during which withdrawals may occur, and (iii) requirements for voluntary and mandatory conservation measures.B\n\nIn considering whether to issue, modify, revoke, or deny a permit under this section, the Board shall consider:1\n\nThe number of persons using a stream and the object, extent and necessity of their respective withdrawals or uses;2\n\nThe nature and size of the stream;3\n\nThe types of businesses or activities to which the various uses are related;4\n\nThe importance and necessity of the uses claimed by permit applicants, or of the water uses of the area and the extent of any injury or detriment caused or expected to be caused to instream or offstream water uses;5\n\nThe effects on beneficial uses; and6\n\nAny other relevant factors.C\n\nPermits shall be transferable among users, subject to approval by the Board.D\n\nIn developing regulations governing the issuance of permits, the Board shall prioritize among types of users. Domestic and existing uses shall be given the highest priority in the issuance of permits for other beneficial uses. Included among existing uses shall be any projected use which has been relied upon in the development of an industrial project and for which a permit has been obtained by January 1, 1989, pursuant to § 404 of the Clean Water Act.","order_by":null,"text":{"0":{"id":293870,"text":"Any permit issued by the Board shall include a flow requirement appropriate for the protection of beneficial instream uses. In determining the level of flow in need of protection, the Board shall consider, among other things, recreational and aesthetic factors and the potential for substantial and long-term adverse impact on fish and wildlife found in that particular surface water management area. Should this determination indicate a need to restrict water withdrawal, the Board shall consider, among other things, the availability of alternative water supplies, the feasibility of water storage or other mitigation measures, and the socioeconomic impacts of such restrictions on the potentially affected water users and on the citizens of the Commonwealth in general.\n\t\t\tIn its permit decision, the Board shall attempt to balance offstream and instream water uses so that the welfare of the citizens of the Commonwealth is maximized without imposing unreasonable burdens on any individual water user or water-using group. The decision to implement this balance may consist of approval of withdrawal without restriction, approval subject to conditions designed to protect instream uses from unacceptable adverse effects, or disapproval of the withdrawal.\n\t\t\tPermit conditions may include, but are not limited to, the following: (i) maximum amounts which may be withdrawn, (ii) times of the day or year during which withdrawals may occur, and (iii) requirements for voluntary and mandatory conservation measures.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293871,"text":"In considering whether to issue, modify, revoke, or deny a permit under this section, the Board shall consider:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":293872,"text":"The number of persons using a stream and the object, extent and necessity of their respective withdrawals or uses;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":293873,"text":"The nature and size of the stream;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":293874,"text":"The types of businesses or activities to which the various uses are related;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":293875,"text":"The importance and necessity of the uses claimed by permit applicants, or of the water uses of the area and the extent of any injury or detriment caused or expected to be caused to instream or offstream water uses;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":293876,"text":"The effects on beneficial uses; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":293877,"text":"Any other relevant factors.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":293878,"text":"Permits shall be transferable among users, subject to approval by the Board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"D"},"9":{"id":293879,"text":"In developing regulations governing the issuance of permits, the Board shall prioritize among types of users. Domestic and existing uses shall be given the highest priority in the issuance of permits for other beneficial uses. Included among existing uses shall be any projected use which has been relied upon in the development of an industrial project and for which a permit has been obtained by January 1, 1989, pursuant to § 404 of the Clean Water Act.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-248\/","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.<\/p>","references":false,"refers_to":false,"permalink":{"id":269007,"object_type":"law","relational_id":82015,"identifier":"62.1-248","token":"62.1\/24\/62.1-248","url":"\/62.1-248\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-248\/","token":"62.1\/24\/62.1-248","dublin_core":{"Title":"Permits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-248","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any permit issued by the Board<\/span> shall include a flow requirement appropriate for the protection of beneficial instream uses. In determining the level of flow in need of protection, the Board<\/span> shall consider, among other things, recreational and aesthetic factors and the potential for substantial and long-term adverse impact on fish and wildlife found in that particular surface water management area<\/span>. Should this determination indicate a need to restrict water withdrawal, the Board<\/span> shall consider, among other things, the availability of alternative water supplies, the feasibility of water storage or other mitigation measures, and the socioeconomic impacts of such restrictions on the potentially affected water users and on the citizens of the Commonwealth in general.\n\t\t\tIn its permit decision, the Board<\/span> shall attempt to balance offstream and instream water uses so that the welfare of the citizens of the Commonwealth is maximized without imposing unreasonable burdens on any individual water user or water-using group. The decision to implement this balance may consist of approval of withdrawal without restriction, approval subject to conditions designed to protect instream uses from unacceptable adverse effects, or disapproval of the withdrawal.\n\t\t\tPermit conditions may include, but are not limited to, the following: (i) maximum amounts which may be withdrawn, (ii) times of the day or year during which withdrawals may occur, and (iii) requirements for voluntary and mandatory conservation measures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In considering whether to issue<\/span>, modify, revoke, or deny a permit under this section, the Board<\/span> shall consider: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The number of persons using a stream and the object<\/span>, extent and necessity of their respective withdrawals or uses; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The nature and size of the stream; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The types of businesses or activities to which the various uses are related; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The importance and necessity of the uses claimed by permit applicants, or of the water uses of the area and the extent of any injury or detriment caused or expected to be caused to instream or offstream water uses; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The effects on beneficial uses<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any other relevant factors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Permits shall be transferable among users, subject to approval by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In developing regulations governing the issuance of permits, the Board<\/span> shall prioritize among types of users. Domestic and existing uses shall be given the highest priority in the issuance of permits for other beneficial uses<\/span>. Included among existing uses shall be any projected use which has been relied upon in the development of an industrial project and for which a permit has been obtained by January 1, 1989, pursuant to § 404 of the Clean Water Act. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMITS (\u00a7 62.1-248)\n\nA. Any permit issued by the Board shall include a flow requirement appropriate\nfor the protection of beneficial instream uses. In determining the level of flow\nin need of protection, the Board shall consider, among other things,\nrecreational and aesthetic factors and the potential for substantial and\nlong-term adverse impact on fish and wildlife found in that particular surface\nwater management area. Should this determination indicate a need to restrict\nwater withdrawal, the Board shall consider, among other things, the availability\nof alternative water supplies, the feasibility of water storage or other\nmitigation measures, and the socioeconomic impacts of such restrictions on the\npotentially affected water users and on the citizens of the Commonwealth in\ngeneral.\n\t\t\tIn its permit decision, the Board shall attempt to balance offstream and\ninstream water uses so that the welfare of the citizens of the Commonwealth is\nmaximized without imposing unreasonable burdens on any individual water user or\nwater-using group. The decision to implement this balance may consist of\napproval of withdrawal without restriction, approval subject to conditions\ndesigned to protect instream uses from unacceptable adverse effects, or\ndisapproval of the withdrawal.\n\t\t\tPermit conditions may include, but are not limited to, the following: (i)\nmaximum amounts which may be withdrawn, (ii) times of the day or year during\nwhich withdrawals may occur, and (iii) requirements for voluntary and mandatory\nconservation measures.\n\nB. In considering whether to issue, modify, revoke, or deny a permit under this\nsection, the Board shall consider:\n\n 1. The number of persons using a stream and the object, extent and necessity\n of their respective withdrawals or uses;\n\n 2. The nature and size of the stream;\n\n 3. The types of businesses or activities to which the various uses are\n related;\n\n 4. The importance and necessity of the uses claimed by permit applicants, or\n of the water uses of the area and the extent of any injury or detriment caused\n or expected to be caused to instream or offstream water uses;\n\n 5. The effects on beneficial uses; and\n\n 6. Any other relevant factors.\n\nC. Permits shall be transferable among users, subject to approval by the Board.\n\nD. In developing regulations governing the issuance of permits, the Board shall\nprioritize among types of users. Domestic and existing uses shall be given the\nhighest priority in the issuance of permits for other beneficial uses. Included\namong existing uses shall be any projected use which has been relied upon in the\ndevelopment of an industrial project and for which a permit has been obtained by\nJanuary 1, 1989, pursuant to § 404 of the Clean Water Act.\n\nHISTORY: 1989, c. 721.","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}}