{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-249.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-249.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-249.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-249.html"}],"law_id":83275,"edition_id":1,"section_id":83275,"structure_id":14738,"section_number":"62.1-249","catch_line":"Applicability of permit conditions","history":"1989, c. 721.","full_text":"A\n\nThe Board by regulation shall determine when the level of flow is such that permit conditions in a surface water management area are in force. As a part of this regulation, the Board shall adopt a reasonable system of water-use classification according to classes of beneficial uses. The Board may include provisions for variances and alternative measures to prevent undue hardship and ensure equitable distribution of water resources.B\n\nThe regulations may provide that the Board, or the Board’s Executive Director, by order may declare that the level of flow is such that permit conditions are applicable for all or part of a surface water management area.C\n\nThe Board may impose such restrictions on one or more classes of water uses as may be necessary to protect the surface water resources of the area from serious harm.D\n\nRegulations shall provide for the means for a declaration of water shortage to be rescinded.E\n\nWhen permit conditions become applicable in a surface water management area, the Board shall notify each permittee by mail or cause notice thereof to be published in a newspaper of general circulation throughout the area. Publication of such notice will serve as notice to all permit holders in the area.","order_by":null,"text":{"0":{"id":298349,"text":"The Board by regulation shall determine when the level of flow is such that permit conditions in a surface water management area are in force. As a part of this regulation, the Board shall adopt a reasonable system of water-use classification according to classes of beneficial uses. The Board may include provisions for variances and alternative measures to prevent undue hardship and ensure equitable distribution of water resources.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298350,"text":"The regulations may provide that the Board, or the Board’s Executive Director, by order may declare that the level of flow is such that permit conditions are applicable for all or part of a surface water management area.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":298351,"text":"The Board may impose such restrictions on one or more classes of water uses as may be necessary to protect the surface water resources of the area from serious harm.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":298352,"text":"Regulations shall provide for the means for a declaration of water shortage to be rescinded.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":298353,"text":"When permit conditions become applicable in a surface water management area, the Board shall notify each permittee by mail or cause notice thereof to be published in a newspaper of general circulation throughout the area. Publication of such notice will serve as notice to all permit holders in the area.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-249\/","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":[{"id":65978,"section_number":"62.1-243","catch_line":" Withdrawals for which surface water withdrawal permit not required","order_by":null,"url":"\/62.1-243\/"},{"id":86291,"section_number":"62.1-253","catch_line":"Riparian rights","order_by":null,"url":"\/62.1-253\/"}],"refers_to":false,"permalink":{"id":269019,"object_type":"law","relational_id":83275,"identifier":"62.1-249","token":"62.1\/24\/62.1-249","url":"\/62.1-249\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-249\/","token":"62.1\/24\/62.1-249","dublin_core":{"Title":"Applicability of permit conditions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-249","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> by regulation shall determine when the level of flow is such that permit conditions in a surface water management area<\/span> are in force. As a part of this regulation, the Board<\/span> shall adopt a reasonable system of water-use classification according to classes of beneficial uses<\/span>. The Board<\/span> may include provisions for variances and alternative measures to prevent undue hardship and ensure equitable distribution<\/span> of water resources. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The regulations may provide that the Board<\/span>, or the Board<\/span>’s Executive Director, by order<\/span> may declare that the level of flow is such that permit conditions are applicable for all or part of a surface water management area<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> may impose such restrictions on one or more classes of water uses as may be necessary to protect the surface water resources of the area from serious harm. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Regulations shall provide for the means for a declaration of water shortage to be rescinded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When permit conditions become applicable in a surface water management area<\/span>, the Board<\/span> shall notify each permittee by mail or cause notice thereof to be published in a newspaper of general circulation throughout the area. Publication of such notice will serve as notice to all permit holders in the area. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICABILITY OF PERMIT CONDITIONS (\u00a7 62.1-249)\n\nA. The Board by regulation shall determine when the level of flow is such that\npermit conditions in a surface water management area are in force. As a part of\nthis regulation, the Board shall adopt a reasonable system of water-use\nclassification according to classes of beneficial uses. The Board may include\nprovisions for variances and alternative measures to prevent undue hardship and\nensure equitable distribution of water resources.\n\nB. The regulations may provide that the Board, or the Board’s Executive\nDirector, by order may declare that the level of flow is such that permit\nconditions are applicable for all or part of a surface water management area.\n\nC. The Board may impose such restrictions on one or more classes of water uses\nas may be necessary to protect the surface water resources of the area from\nserious harm.\n\nD. Regulations shall provide for the means for a declaration of water shortage\nto be rescinded.\n\nE. When permit conditions become applicable in a surface water management area,\nthe Board shall notify each permittee by mail or cause notice thereof to be\npublished in a newspaper of general circulation throughout the area. Publication\nof such notice will serve as notice to all permit holders in the area.\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}}