{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-266.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-266.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-266.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-266.html"}],"law_id":62679,"edition_id":1,"section_id":62679,"structure_id":13595,"section_number":"62.1-266","catch_line":"Ground water withdrawal permits","history":"1992, c. 812; 2018, c. 424; 2020, c. 670; 2024, c. 830.","full_text":"A\n\nThe Board may issue any ground water withdrawal permit upon terms, conditions, and limitations necessary for the protection of the public welfare, safety, and health.B\n\nApplications for ground water withdrawal permits shall be in a form prescribed by the Board and shall contain such information, consistent with this chapter, as the Board deems necessary.C\n\nAll ground water withdrawal permits issued by the Board under this chapter shall have a fixed term not to exceed 15 years. The term of a ground water withdrawal permit issued by the Board shall not be extended by modification beyond the maximum duration, and the permit shall expire at the end of the term unless a complete application for a new permit has been filed in a timely manner as required by the regulations of the Board, and the Board is unable, through no fault of the permittee, to issue a new permit before the expiration date of the previous permit.D\n\nRenewed ground water withdrawal permits shall be for a withdrawal amount that includes such savings as can be demonstrated to have been achieved through water conservation, provided that a beneficial use of the permitted ground water can be demonstrated for the following permit term.E\n\nAny permit issued by the Board under this chapter may, after notice and opportunity for a hearing, be amended or revoked on any of the following grounds or for good cause as may be provided by the regulations of the Board:1\n\nThe permittee has violated any regulation or order of the Board pertaining to ground water, any condition of a ground water withdrawal permit, any provision of this chapter, or any order of a court, where such violation presents a hazard or potential hazard to human health or the environment or is representative of a pattern of serious or repeated violations that, in the opinion of the Board, demonstrates the permittee&#8217;s disregard for or inability to comply with applicable laws, regulations, or requirements;2\n\nThe permittee has failed to disclose fully all relevant material facts or has misrepresented a material fact in applying for a permit, or in any other report or document required under this chapter or under the ground water withdrawal regulations of the Board;3\n\nThe activity for which the permit was issued endangers human health or the environment and can be regulated to acceptable levels by amendment or revocation of the permit; or4\n\nThere exists a material change in the basis on which the permit was issued that requires either a temporary or a permanent reduction or elimination of the withdrawal controlled by the permit necessary to protect human health or the environment.F\n\nNo application for a ground water withdrawal permit shall be considered complete unless the applicant has provided the Executive Director of the Board with notification from the governing body of the locality in which the withdrawal is to occur that the location and operation of the withdrawing facility is in compliance with all ordinances adopted pursuant to Chapter 22 (&#xA7; 15.2-2200 et seq.) of Title 15.2. The provisions of this subsection shall not apply to any applicant exempt from compliance under Chapter 22 (&#xA7; 15.2-2200 et seq.) of Title 15.2.G\n\nA ground water withdrawal permit shall authorize withdrawal of a specific amount of ground water through a single well or system of wells, including a backup well or wells, or such other means as the withdrawer specifies.H\n\nThe Board may adopt regulations to develop a general permit for the regulation of irrigation withdrawals from the surficial aquifer greater than 300,000 gallons in any one month. Regulations adopted pursuant to this subsection shall provide that withdrawals from the surficial aquifer may be permitted under either a general permit developed pursuant to this subsection or another ground water withdrawal permit.I\n\nThe Board shall promulgate regulations establishing criteria for determining whether the quantity or quality of the ground water in a surficial aquifer is adequate to meet a proposed beneficial use. Such regulations shall specify the information required to be submitted to the Department by a golf course or any other person seeking a determination from the Department that either the quantity or quality of the ground water in a surficial aquifer is not adequate to meet a proposed beneficial use. Such regulations shall require the Department, within 30 days of receipt of a complete request, to make a determination as to the adequacy of the quantity or quality of the ground water in a surficial aquifer.J\n\nIf the proposed permit will allow for ground water withdrawals greater than 365 million gallons per year in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of &#xA7; 2.2-401.01, the Board shall ensure that the Department consults with any potentially impacted federally recognized Tribal Nations in the Commonwealth pursuant to the policies and procedures adopted by the Department pursuant to &#xA7; 10.1-1186.3:1. Should feedback from potentially impacted federally recognized Tribal Nations in the Commonwealth not be received by the deadline established in the Department&#8217;s policies and procedures, the consultation provisions of this section shall be deemed fulfilled.","order_by":null,"text":{"0":{"id":228538,"text":"The Board may issue any ground water withdrawal permit upon terms, conditions, and limitations necessary for the protection of the public welfare, safety, and health.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":228539,"text":"Applications for ground water withdrawal permits shall be in a form prescribed by the Board and shall contain such information, consistent with this chapter, as the Board deems necessary.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":228540,"text":"All ground water withdrawal permits issued by the Board under this chapter shall have a fixed term not to exceed 15 years. The term of a ground water withdrawal permit issued by the Board shall not be extended by modification beyond the maximum duration, and the permit shall expire at the end of the term unless a complete application for a new permit has been filed in a timely manner as required by the regulations of the Board, and the Board is unable, through no fault of the permittee, to issue a new permit before the expiration date of the previous permit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":228541,"text":"Renewed ground water withdrawal permits shall be for a withdrawal amount that includes such savings as can be demonstrated to have been achieved through water conservation, provided that a beneficial use of the permitted ground water can be demonstrated for the following permit term.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":228542,"text":"Any permit issued by the Board under this chapter may, after notice and opportunity for a hearing, be amended or revoked on any of the following grounds or for good cause as may be provided by the regulations of the Board:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":228543,"text":"The permittee has violated any regulation or order of the Board pertaining to ground water, any condition of a ground water withdrawal permit, any provision of this chapter, or any order of a court, where such violation presents a hazard or potential hazard to human health or the environment or is representative of a pattern of serious or repeated violations that, in the opinion of the Board, demonstrates the permittee&#8217;s disregard for or inability to comply with applicable laws, regulations, or requirements;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":228544,"text":"The permittee has failed to disclose fully all relevant material facts or has misrepresented a material fact in applying for a permit, or in any other report or document required under this chapter or under the ground water withdrawal regulations of the Board;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":228545,"text":"The activity for which the permit was issued endangers human health or the environment and can be regulated to acceptable levels by amendment or revocation of the permit; or","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":228546,"text":"There exists a material change in the basis on which the permit was issued that requires either a temporary or a permanent reduction or elimination of the withdrawal controlled by the permit necessary to protect human health or the environment.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"9":{"id":228547,"text":"No application for a ground water withdrawal permit shall be considered complete unless the applicant has provided the Executive Director of the Board with notification from the governing body of the locality in which the withdrawal is to occur that the location and operation of the withdrawing facility is in compliance with all ordinances adopted pursuant to Chapter 22 (&#xA7; 15.2-2200 et seq.) of Title 15.2. The provisions of this subsection shall not apply to any applicant exempt from compliance under Chapter 22 (&#xA7; 15.2-2200 et seq.) of Title 15.2.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4","next_prefix":"G"},"10":{"id":228548,"text":"A ground water withdrawal permit shall authorize withdrawal of a specific amount of ground water through a single well or system of wells, including a backup well or wells, or such other means as the withdrawer specifies.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":228549,"text":"The Board may adopt regulations to develop a general permit for the regulation of irrigation withdrawals from the surficial aquifer greater than 300,000 gallons in any one month. Regulations adopted pursuant to this subsection shall provide that withdrawals from the surficial aquifer may be permitted under either a general permit developed pursuant to this subsection or another ground water withdrawal permit.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":228550,"text":"The Board shall promulgate regulations establishing criteria for determining whether the quantity or quality of the ground water in a surficial aquifer is adequate to meet a proposed beneficial use. Such regulations shall specify the information required to be submitted to the Department by a golf course or any other person seeking a determination from the Department that either the quantity or quality of the ground water in a surficial aquifer is not adequate to meet a proposed beneficial use. Such regulations shall require the Department, within 30 days of receipt of a complete request, to make a determination as to the adequacy of the quantity or quality of the ground water in a surficial aquifer.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":228551,"text":"If the proposed permit will allow for ground water withdrawals greater than 365 million gallons per year in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of &#xA7; 2.2-401.01, the Board shall ensure that the Department consults with any potentially impacted federally recognized Tribal Nations in the Commonwealth pursuant to the policies and procedures adopted by the Department pursuant to &#xA7; 10.1-1186.3:1. Should feedback from potentially impacted federally recognized Tribal Nations in the Commonwealth not be received by the deadline established in the Department&#8217;s policies and procedures, the consultation provisions of this section shall be deemed fulfilled.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-266\/","history_text":"<p>This law was first created in 1992. The record of its establishment is cataloged in chapter 812 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 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0424\">424<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0670\">670<\/a>; in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0830\">830<\/a>.<\/p>","references":[{"id":57009,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","order_by":null,"url":"\/10.1-1186.3_1\/"},{"id":84483,"section_number":"62.1-258.1","catch_line":"Irrigation wells for nonagricultural use prohibited; exceptions","order_by":null,"url":"\/62.1-258.1\/"},{"id":63995,"section_number":"62.1-260","catch_line":"Permits for existing ground water withdrawals in existing ground water management areas","order_by":null,"url":"\/62.1-260\/"},{"id":70026,"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","order_by":null,"url":"\/62.1-262\/"},{"id":83090,"section_number":"62.1-262.1","catch_line":"Permits for withdrawals from Eastern Shore Groundwater Management Area","order_by":null,"url":"\/62.1-262.1\/"},{"id":77402,"section_number":"62.1-262.2","catch_line":"Permits for certain ground water withdrawals in Eastern Virginia Groundwater Management Area","order_by":null,"url":"\/62.1-262.2\/"},{"id":76472,"section_number":"62.1-267","catch_line":"Issuance of special exceptions","order_by":null,"url":"\/62.1-267\/"}],"refers_to":[{"id":57009,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","order_by":null,"url":"\/10.1-1186.3_1\/"},{"id":67218,"section_number":"15.2-2200","catch_line":"Declaration of legislative intent","order_by":null,"url":"\/15.2-2200\/"},{"id":79241,"section_number":"2.2-401.01","catch_line":"Liaison to Virginia Indian tribes; Ombudsman for Tribal Consultation; Virginia Indigenous People's Trust Fund","order_by":null,"url":"\/2.2-401.01\/"}],"permalink":{"id":269121,"object_type":"law","relational_id":62679,"identifier":"62.1-266","token":"62.1\/25\/62.1-266","url":"\/62.1-266\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-266\/","token":"62.1\/25\/62.1-266","dublin_core":{"Title":"Ground water withdrawal permits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-266","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Board<\/span> may <span class=\"dictionary\">issue<\/span> any <span class=\"dictionary\">ground water withdrawal permit<\/span> upon terms, conditions, and limitations necessary for the protection of the public welfare, safety, and health. <a id=\"paragraph-228538\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Applications for <span class=\"dictionary\">ground water withdrawal permits<\/span> shall be in a form prescribed by the <span class=\"dictionary\">Board<\/span> and shall contain such information, consistent with this chapter, as the <span class=\"dictionary\">Board<\/span> deems necessary. <a id=\"paragraph-228539\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> All <span class=\"dictionary\">ground water withdrawal permits<\/span> issued by the <span class=\"dictionary\">Board<\/span> under this chapter shall have a fixed term not to exceed 15 years. The term of a <span class=\"dictionary\">ground water withdrawal permit<\/span> issued by the <span class=\"dictionary\">Board<\/span> shall not be extended by modification beyond the maximum duration, and the permit shall expire at the end of the term unless a complete application for a new permit has been filed in a timely manner as required by the regulations of the <span class=\"dictionary\">Board<\/span>, and the <span class=\"dictionary\">Board<\/span> is unable, through no fault of the permittee, to <span class=\"dictionary\">issue<\/span> a new permit before the expiration date of the previous permit. <a id=\"paragraph-228540\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Renewed <span class=\"dictionary\">ground water withdrawal permits<\/span> shall be for a withdrawal amount that includes such savings as can be demonstrated to have been achieved through water conservation, provided that a <span class=\"dictionary\">beneficial use<\/span> of the permitted ground water can be demonstrated for the following permit term. <a id=\"paragraph-228541\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Any permit issued by the <span class=\"dictionary\">Board<\/span> under this chapter may, after notice and opportunity for a <span class=\"dictionary\">hearing<\/span>, be amended or revoked on any of the following grounds or for good cause as may be provided by the regulations of the <span class=\"dictionary\">Board<\/span>: <a id=\"paragraph-228542\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The permittee has violated any regulation or <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">Board<\/span> pertaining to ground water, any condition of a <span class=\"dictionary\">ground water withdrawal permit<\/span>, any provision of this chapter, or any <span class=\"dictionary\">order<\/span> of a <span class=\"dictionary\">court<\/span>, where such violation presents a hazard or potential hazard to human health or the environment or is representative of a pattern of serious or repeated violations that, in the <span class=\"dictionary\">opinion<\/span> of the <span class=\"dictionary\">Board<\/span>, demonstrates the permittee&#8217;s disregard for or inability to comply with applicable <span class=\"dictionary\">laws<\/span>, regulations, or requirements; <a id=\"paragraph-228543\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The permittee has failed to disclose fully all relevant <span class=\"dictionary\">material<\/span> <span class=\"dictionary\">facts<\/span> or has misrepresented a <span class=\"dictionary\">material<\/span> <span class=\"dictionary\">fact<\/span> in applying for a permit, or in any other report or document required under this chapter or under the ground water withdrawal regulations of the <span class=\"dictionary\">Board<\/span>; <a id=\"paragraph-228544\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The activity for which the permit was issued endangers human health or the environment and can be regulated to acceptable levels by amendment or <span class=\"dictionary\">revocation<\/span> of the permit; or <a id=\"paragraph-228545\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#E3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> There exists a <span class=\"dictionary\">material<\/span> change in the basis on which the permit was issued that requires either a temporary or a permanent reduction or elimination of the withdrawal controlled by the permit necessary to protect human health or the environment. <a id=\"paragraph-228546\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#E4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> No application for a <span class=\"dictionary\">ground water withdrawal permit<\/span> shall be considered complete unless the applicant has provided the Executive Director of the <span class=\"dictionary\">Board<\/span> with notification from the governing body of the locality in which the withdrawal is to occur that the location and operation of the withdrawing facility is in compliance with all <span class=\"dictionary\">ordinances<\/span> adopted pursuant to Chapter 22 (&#xA7; <a class=\"law\" title=\"Declaration of legislative intent\" href=\"\/15.2-2200\/\">15.2-2200<\/a> et seq.) of Title 15.2. The provisions of this subsection shall not apply to any applicant exempt from compliance under Chapter 22 (&#xA7; <a class=\"law\" title=\"Declaration of legislative intent\" href=\"\/15.2-2200\/\">15.2-2200<\/a> et seq.) of Title 15.2. <a id=\"paragraph-228547\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> A <span class=\"dictionary\">ground water withdrawal permit<\/span> shall authorize withdrawal of a specific amount of ground water through a single well or system of wells, including a backup well or wells, or such other means as the withdrawer specifies. <a id=\"paragraph-228548\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> The <span class=\"dictionary\">Board<\/span> may adopt regulations to develop a general permit for the regulation of <span class=\"dictionary\">irrigation<\/span> withdrawals from the <span class=\"dictionary\">surficial aquifer<\/span> greater than 300,000 gallons in any one month. Regulations adopted pursuant to this subsection shall provide that withdrawals from the <span class=\"dictionary\">surficial aquifer<\/span> may be permitted under either a general permit developed pursuant to this subsection or another <span class=\"dictionary\">ground water withdrawal permit<\/span>. <a id=\"paragraph-228549\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> The <span class=\"dictionary\">Board<\/span> shall promulgate regulations establishing criteria for determining whether the quantity or quality of the ground water in a <span class=\"dictionary\">surficial aquifer<\/span> is adequate to meet a proposed <span class=\"dictionary\">beneficial use<\/span>. Such regulations shall specify the information required to be submitted to the <span class=\"dictionary\">Department<\/span> by a golf course or any other <span class=\"dictionary\">person<\/span> seeking a determination from the <span class=\"dictionary\">Department<\/span> that either the quantity or quality of the ground water in a <span class=\"dictionary\">surficial aquifer<\/span> is not adequate to meet a proposed <span class=\"dictionary\">beneficial use<\/span>. Such regulations shall require the <span class=\"dictionary\">Department<\/span>, within 30 days of receipt of a complete request, to make a determination as to the adequacy of the quantity or quality of the ground water in a <span class=\"dictionary\">surficial aquifer<\/span>. <a id=\"paragraph-228550\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> If the proposed permit will allow for ground water withdrawals greater than 365 million gallons per year in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of &#xA7; <a class=\"law\" title=\"Liaison to Virginia Indian tribes; Ombudsman for Tribal Consultation; Virginia Indigenous People&#039;s Trust Fund\" href=\"\/2.2-401.01\/\">2.2-401.01<\/a>, the <span class=\"dictionary\">Board<\/span> shall ensure that the <span class=\"dictionary\">Department<\/span> consults with any potentially impacted federally recognized Tribal Nations in the Commonwealth pursuant to the policies and procedures adopted by the <span class=\"dictionary\">Department<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Policies for consultation with federally recognized Tribal Nations in the Commonwealth\" href=\"\/10.1-1186.3_1\/\">10.1-1186.3:1<\/a>. Should feedback from potentially impacted federally recognized Tribal Nations in the Commonwealth not be received by the deadline established in the <span class=\"dictionary\">Department<\/span>&#8217;s policies and procedures, the consultation provisions of this section shall be deemed fulfilled. <a id=\"paragraph-228551\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-266\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nGROUND WATER WITHDRAWAL PERMITS (\u00a7 62.1-266)\n\nA. The Board may issue any ground water withdrawal permit upon terms,\nconditions, and limitations necessary for the protection of the public welfare,\nsafety, and health.\n\nB. Applications for ground water withdrawal permits shall be in a form\nprescribed by the Board and shall contain such information, consistent with this\nchapter, as the Board deems necessary.\n\nC. All ground water withdrawal permits issued by the Board under this chapter\nshall have a fixed term not to exceed 15 years. The term of a ground water\nwithdrawal permit issued by the Board shall not be extended by modification\nbeyond the maximum duration, and the permit shall expire at the end of the term\nunless a complete application for a new permit has been filed in a timely manner\nas required by the regulations of the Board, and the Board is unable, through no\nfault of the permittee, to issue a new permit before the expiration date of the\nprevious permit.\n\nD. Renewed ground water withdrawal permits shall be for a withdrawal amount that\nincludes such savings as can be demonstrated to have been achieved through water\nconservation, provided that a beneficial use of the permitted ground water can\nbe demonstrated for the following permit term.\n\nE. Any permit issued by the Board under this chapter may, after notice and\nopportunity for a hearing, be amended or revoked on any of the following grounds\nor for good cause as may be provided by the regulations of the Board:\n\n   1. The permittee has violated any regulation or order of the Board pertaining\n   to ground water, any condition of a ground water withdrawal permit, any\n   provision of this chapter, or any order of a court, where such violation\n   presents a hazard or potential hazard to human health or the environment or is\n   representative of a pattern of serious or repeated violations that, in the\n   opinion of the Board, demonstrates the permittee&#8217;s disregard for or\n   inability to comply with applicable laws, regulations, or requirements;\n\n   2. The permittee has failed to disclose fully all relevant material facts or\n   has misrepresented a material fact in applying for a permit, or in any other\n   report or document required under this chapter or under the ground water\n   withdrawal regulations of the Board;\n\n   3. The activity for which the permit was issued endangers human health or the\n   environment and can be regulated to acceptable levels by amendment or\n   revocation of the permit; or\n\n   4. There exists a material change in the basis on which the permit was issued\n   that requires either a temporary or a permanent reduction or elimination of\n   the withdrawal controlled by the permit necessary to protect human health or\n   the environment.\n\nF. No application for a ground water withdrawal permit shall be considered\ncomplete unless the applicant has provided the Executive Director of the Board\nwith notification from the governing body of the locality in which the\nwithdrawal is to occur that the location and operation of the withdrawing\nfacility is in compliance with all ordinances adopted pursuant to Chapter 22\n(&#xA7; 15.2-2200 et seq.) of Title 15.2. The provisions of this subsection\nshall not apply to any applicant exempt from compliance under Chapter 22 (&#xA7;\n15.2-2200 et seq.) of Title 15.2.\n\nG. A ground water withdrawal permit shall authorize withdrawal of a specific\namount of ground water through a single well or system of wells, including a\nbackup well or wells, or such other means as the withdrawer specifies.\n\nH. The Board may adopt regulations to develop a general permit for the\nregulation of irrigation withdrawals from the surficial aquifer greater than\n300,000 gallons in any one month. Regulations adopted pursuant to this\nsubsection shall provide that withdrawals from the surficial aquifer may be\npermitted under either a general permit developed pursuant to this subsection or\nanother ground water withdrawal permit.\n\nI. The Board shall promulgate regulations establishing criteria for determining\nwhether the quantity or quality of the ground water in a surficial aquifer is\nadequate to meet a proposed beneficial use. Such regulations shall specify the\ninformation required to be submitted to the Department by a golf course or any\nother person seeking a determination from the Department that either the\nquantity or quality of the ground water in a surficial aquifer is not adequate\nto meet a proposed beneficial use. Such regulations shall require the\nDepartment, within 30 days of receipt of a complete request, to make a\ndetermination as to the adequacy of the quantity or quality of the ground water\nin a surficial aquifer.\n\nJ. If the proposed permit will allow for ground water withdrawals greater than\n365 million gallons per year in a locality identified by the Ombudsman for\nTribal Consultation pursuant to subdivision B 2 of &#xA7; 2.2-401.01, the Board\nshall ensure that the Department consults with any potentially impacted\nfederally recognized Tribal Nations in the Commonwealth pursuant to the policies\nand procedures adopted by the Department pursuant to &#xA7; 10.1-1186.3:1.\nShould feedback from potentially impacted federally recognized Tribal Nations in\nthe Commonwealth not be received by the deadline established in the\nDepartment&#8217;s policies and procedures, the consultation provisions of this\nsection shall be deemed fulfilled.\n\nHISTORY: 1992, c. 812; 2018, c. 424; 2020, c. 670; 2024, c. 830.","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}}