{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-259.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-259.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-259.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-259.1.html"}],"law_id":60711,"edition_id":1,"section_id":60711,"structure_id":13595,"section_number":"62.1-259.1","catch_line":"Certain withdrawals; technical evaluation required","history":"2018, c. 427.","full_text":"The developer of a subdivision, as defined in \u00a7 15.2-2201, located in a designated ground water management area shall apply for a technical evaluation from the Department of Environmental Quality prior to final subdivision plat approval if there will be 30 or more lots within the subdivision served by private wells, as defined in \u00a7 32.1-176.3. The application for a technical evaluation shall be on a form established by the Department and shall include a geophysical log from a geophysical borehole located within the subdivision. Such borehole may subsequently be utilized as a ground water supply for a dwelling unit or for other appropriate purpose within the subdivision. Within 60 days of receiving a complete application for a technical evaluation, the Department shall perform a technical evaluation and provide to the developer a recommendation sufficient to serve the water needs of each dwelling unit in the subdivision that specifies the aquifer or aquifers that will minimize unmitigated impacts to ground water resources and any offsite impacts to existing ground water users. The recommendation to the developer shall be nonbinding; however, any such developer who constructs one or more private wells in the subdivision in an aquifer inconsistent with the Department’s recommendation shall prepare and submit a mitigation plan to the Department, consistent with requirements for mitigation plans established by the Board, and record a mitigation plan approved by the Department with the subdivision plat prior to constructing any private wells within the subdivision. The Department is authorized to charge the developer a fee not to exceed $5,000 to perform the technical evaluation. This section shall not apply to the developer of a subdivision who constructs all of the private wells within the subdivision in the surficial aquifer.","order_by":null,"text":{"0":{"id":221924,"text":"The developer of a subdivision, as defined in \u00a7 15.2-2201, located in a designated ground water management area shall apply for a technical evaluation from the Department of Environmental Quality prior to final subdivision plat approval if there will be 30 or more lots within the subdivision served by private wells, as defined in \u00a7 32.1-176.3. The application for a technical evaluation shall be on a form established by the Department and shall include a geophysical log from a geophysical borehole located within the subdivision. Such borehole may subsequently be utilized as a ground water supply for a dwelling unit or for other appropriate purpose within the subdivision. Within 60 days of receiving a complete application for a technical evaluation, the Department shall perform a technical evaluation and provide to the developer a recommendation sufficient to serve the water needs of each dwelling unit in the subdivision that specifies the aquifer or aquifers that will minimize unmitigated impacts to ground water resources and any offsite impacts to existing ground water users. The recommendation to the developer shall be nonbinding; however, any such developer who constructs one or more private wells in the subdivision in an aquifer inconsistent with the Department’s recommendation shall prepare and submit a mitigation plan to the Department, consistent with requirements for mitigation plans established by the Board, and record a mitigation plan approved by the Department with the subdivision plat prior to constructing any private wells within the subdivision. The Department is authorized to charge the developer a fee not to exceed $5,000 to perform the technical evaluation. This section shall not apply to the developer of a subdivision who constructs all of the private wells within the subdivision in the surficial aquifer.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13595,"edition_id":1,"name":"Ground Water Management Act of 1992","identifier":"25","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:45:20","date_modified":"2026-06-26 03:45:20","permalink":{"id":269039,"object_type":"structure","relational_id":13595,"identifier":"25","token":"62.1\/25","url":"\/62.1\/25\/","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":66154,"structure_id":13595,"section_number":"62.1-254","catch_line":"Findings and purpose","url":"\/62.1-254\/","token":"62.1\/25\/62.1-254","metadata":false},{"id":79593,"structure_id":13595,"section_number":"62.1-255","catch_line":"Definitions","url":"\/62.1-255\/","token":"62.1\/25\/62.1-255","metadata":false},{"id":61205,"structure_id":13595,"section_number":"62.1-255.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/62.1-255.1\/","token":"62.1\/25\/62.1-255.1","metadata":false},{"id":78244,"structure_id":13595,"section_number":"62.1-256","catch_line":" Duties of Board","url":"\/62.1-256\/","token":"62.1\/25\/62.1-256","metadata":false},{"id":66336,"structure_id":13595,"section_number":"62.1-256.1","catch_line":"Expired","url":"\/62.1-256.1\/","token":"62.1\/25\/62.1-256.1","metadata":false},{"id":81341,"structure_id":13595,"section_number":"62.1-256.2","catch_line":"(Expires July 1, 2030) Eastern Virginia Groundwater Management Advisory Committee established; sunset","url":"\/62.1-256.2\/","token":"62.1\/25\/62.1-256.2","metadata":false},{"id":84825,"structure_id":13595,"section_number":"62.1-257","catch_line":"When Board may initiate a ground water management area study proceeding; hearing required","url":"\/62.1-257\/","token":"62.1\/25\/62.1-257","metadata":false},{"id":78237,"structure_id":13595,"section_number":"62.1-258","catch_line":"Use of ground water in ground water management area; registration of well construction required","url":"\/62.1-258\/","token":"62.1\/25\/62.1-258","metadata":false},{"id":84483,"structure_id":13595,"section_number":"62.1-258.1","catch_line":"Irrigation wells for nonagricultural use prohibited; exceptions","url":"\/62.1-258.1\/","token":"62.1\/25\/62.1-258.1","metadata":false},{"id":85111,"structure_id":13595,"section_number":"62.1-259","catch_line":" Certain withdrawals; permit not required","url":"\/62.1-259\/","token":"62.1\/25\/62.1-259","metadata":false},{"id":60711,"structure_id":13595,"section_number":"62.1-259.1","catch_line":"Certain withdrawals; technical evaluation required","url":"\/62.1-259.1\/","token":"62.1\/25\/62.1-259.1","metadata":false},{"id":63995,"structure_id":13595,"section_number":"62.1-260","catch_line":"Permits for existing ground water withdrawals in existing ground water management areas","url":"\/62.1-260\/","token":"62.1\/25\/62.1-260","metadata":false},{"id":74245,"structure_id":13595,"section_number":"62.1-261","catch_line":"Permits for existing ground water withdrawals in newly established ground water management areas","url":"\/62.1-261\/","token":"62.1\/25\/62.1-261","metadata":false},{"id":70026,"structure_id":13595,"section_number":"62.1-262","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Permits for other ground water withdrawals","url":"\/62.1-262\/","token":"62.1\/25\/62.1-262","metadata":false},{"id":83090,"structure_id":13595,"section_number":"62.1-262.1","catch_line":"Permits for withdrawals from Eastern Shore Groundwater Management Area","url":"\/62.1-262.1\/","token":"62.1\/25\/62.1-262.1","metadata":false},{"id":77402,"structure_id":13595,"section_number":"62.1-262.2","catch_line":"Permits for certain ground water withdrawals in Eastern Virginia Groundwater Management Area","url":"\/62.1-262.2\/","token":"62.1\/25\/62.1-262.2","metadata":false},{"id":74151,"structure_id":13595,"section_number":"62.1-263","catch_line":"Criteria for issuance of permits","url":"\/62.1-263\/","token":"62.1\/25\/62.1-263","metadata":false},{"id":66178,"structure_id":13595,"section_number":"62.1-263.1","catch_line":"Permit rationale","url":"\/62.1-263.1\/","token":"62.1\/25\/62.1-263.1","metadata":false},{"id":80966,"structure_id":13595,"section_number":"62.1-264","catch_line":"Permits for public water supplies","url":"\/62.1-264\/","token":"62.1\/25\/62.1-264","metadata":false},{"id":60586,"structure_id":13595,"section_number":"62.1-265","catch_line":"Drought relief wells","url":"\/62.1-265\/","token":"62.1\/25\/62.1-265","metadata":false},{"id":62679,"structure_id":13595,"section_number":"62.1-266","catch_line":"Ground water withdrawal permits","url":"\/62.1-266\/","token":"62.1\/25\/62.1-266","metadata":false},{"id":76472,"structure_id":13595,"section_number":"62.1-267","catch_line":"Issuance of special exceptions","url":"\/62.1-267\/","token":"62.1\/25\/62.1-267","metadata":false},{"id":79539,"structure_id":13595,"section_number":"62.1-268","catch_line":"Issuance of special orders","url":"\/62.1-268\/","token":"62.1\/25\/62.1-268","metadata":false},{"id":78604,"structure_id":13595,"section_number":"62.1-269","catch_line":"Enforcement by injunction, etc","url":"\/62.1-269\/","token":"62.1\/25\/62.1-269","metadata":false},{"id":54563,"structure_id":13595,"section_number":"62.1-270","catch_line":"Penalties","url":"\/62.1-270\/","token":"62.1\/25\/62.1-270","metadata":false}],"previous_section":{"id":85111,"structure_id":13595,"section_number":"62.1-259","catch_line":" Certain withdrawals; permit not required","url":"\/62.1-259\/","token":"62.1\/25\/62.1-259","metadata":false},"next_section":{"id":63995,"structure_id":13595,"section_number":"62.1-260","catch_line":"Permits for existing ground water withdrawals in existing ground water management areas","url":"\/62.1-260\/","token":"62.1\/25\/62.1-260","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-259.1\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapter 427<\/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.<\/p>","references":false,"refers_to":[{"id":77758,"section_number":"15.2-2201","catch_line":"Definitions","order_by":null,"url":"\/15.2-2201\/"},{"id":71174,"section_number":"32.1-176.3","catch_line":"Definitions","order_by":null,"url":"\/32.1-176.3\/"}],"permalink":{"id":269081,"object_type":"law","relational_id":60711,"identifier":"62.1-259.1","token":"62.1\/25\/62.1-259.1","url":"\/62.1-259.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-259.1\/","token":"62.1\/25\/62.1-259.1","dublin_core":{"Title":"Certain withdrawals; technical evaluation required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-259.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The developer of a subdivision, as defined in \u00a7 15.2-2201<\/a>, located in a designated ground water<\/span> management area shall apply for a technical evaluation from the Department<\/span> of Environmental Quality prior to final subdivision plat approval if there will be 30 or more lots within the subdivision served by private wells, as defined in \u00a7 32.1-176.3<\/a>. The application for a technical evaluation shall be on a form established by the Department<\/span> and shall include a geophysical log from a geophysical borehole located within the subdivision. Such borehole may subsequently be utilized as a ground water<\/span> supply for a dwelling unit or for other appropriate purpose within the subdivision. Within 60 days of receiving a complete application for a technical evaluation, the Department<\/span> shall perform a technical evaluation and provide to the developer a recommendation sufficient to serve the water needs of each dwelling unit in the subdivision that specifies the aquifer or aquifers that will minimize unmitigated impacts to ground water<\/span> resources and any offsite impacts to existing ground water<\/span> users. The recommendation to the developer shall be nonbinding; however, any such developer who constructs one or more private wells in the subdivision in an aquifer inconsistent with the Department<\/span>’s recommendation shall prepare and submit a mitigation plan to the Department<\/span>, consistent with requirements for mitigation plans established by the Board<\/span>, and record a mitigation plan approved by the Department<\/span> with the subdivision plat prior to constructing any private wells within the subdivision. The Department<\/span> is authorized to charge the developer a fee not to exceed $5,000 to perform the technical evaluation. This section shall not apply to the developer of a subdivision who constructs all of the private wells within the subdivision in the surficial aquifer<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN WITHDRAWALS; TECHNICAL EVALUATION REQUIRED (\u00a7 62.1-259.1)\n\nThe developer of a subdivision, as defined in \u00a7 15.2-2201, located in a\ndesignated ground water management area shall apply for a technical evaluation\nfrom the Department of Environmental Quality prior to final subdivision plat\napproval if there will be 30 or more lots within the subdivision served by\nprivate wells, as defined in \u00a7 32.1-176.3. The application for a technical\nevaluation shall be on a form established by the Department and shall include a\ngeophysical log from a geophysical borehole located within the subdivision. Such\nborehole may subsequently be utilized as a ground water supply for a dwelling\nunit or for other appropriate purpose within the subdivision. Within 60 days of\nreceiving a complete application for a technical evaluation, the Department\nshall perform a technical evaluation and provide to the developer a\nrecommendation sufficient to serve the water needs of each dwelling unit in the\nsubdivision that specifies the aquifer or aquifers that will minimize\nunmitigated impacts to ground water resources and any offsite impacts to\nexisting ground water users. The recommendation to the developer shall be\nnonbinding; however, any such developer who constructs one or more private wells\nin the subdivision in an aquifer inconsistent with the Department’s\nrecommendation shall prepare and submit a mitigation plan to the Department,\nconsistent with requirements for mitigation plans established by the Board, and\nrecord a mitigation plan approved by the Department with the subdivision plat\nprior to constructing any private wells within the subdivision. The Department\nis authorized to charge the developer a fee not to exceed $5,000 to perform the\ntechnical evaluation. This section shall not apply to the developer of a\nsubdivision who constructs all of the private wells within the subdivision in\nthe surficial aquifer.\n\nHISTORY: 2018, c. 427.","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}}