{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-267.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-267.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-267.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-267.html"}],"law_id":76472,"edition_id":1,"section_id":76472,"structure_id":13595,"section_number":"62.1-267","catch_line":"Issuance of special exceptions","history":"1992, c. 812; 2018, c. 424.","full_text":"A\n\nThe Board may issue a special exception to allow the withdrawal of ground water in the case of an unusual situation in which requiring the user to obtain a ground water withdrawal permit would be contrary to the intended purpose of the Act.B\n\nIn reviewing an application for a special exception, the Board may consider the amount and duration of the proposed withdrawal, the beneficial use intended for the ground water, the return of the ground water to the aquifer, and the effect of the withdrawal on human health and the environment. Any person requesting a special exception shall submit an application to the Board containing such information as the Board shall require by regulation adopted pursuant to this chapter.C\n\nAny special exception issued by the Board shall state the terms pursuant to which the applicant may withdraw ground water, including the amount of ground water that may be withdrawn in any period and the duration of the special exception. No special exception shall be issued for a term exceeding 15 years.D\n\nA violation of any term or provision of a special exception shall subject the holder thereof to the same penalties and enforcement procedures as would apply to a violation of a ground water withdrawal permit.E\n\nThe Board shall have the power to amend or revoke any special exception after notice and opportunity for hearing on the grounds set forth in subsection D of § 62.1-266 for amendment or revocation of a ground water withdrawal permit.","order_by":null,"text":{"0":{"id":274501,"text":"The Board may issue a special exception to allow the withdrawal of ground water in the case of an unusual situation in which requiring the user to obtain a ground water withdrawal permit would be contrary to the intended purpose of the Act.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274502,"text":"In reviewing an application for a special exception, the Board may consider the amount and duration of the proposed withdrawal, the beneficial use intended for the ground water, the return of the ground water to the aquifer, and the effect of the withdrawal on human health and the environment. Any person requesting a special exception shall submit an application to the Board containing such information as the Board shall require by regulation adopted pursuant to this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274503,"text":"Any special exception issued by the Board shall state the terms pursuant to which the applicant may withdraw ground water, including the amount of ground water that may be withdrawn in any period and the duration of the special exception. No special exception shall be issued for a term exceeding 15 years.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":274504,"text":"A violation of any term or provision of a special exception shall subject the holder thereof to the same penalties and enforcement procedures as would apply to a violation of a ground water withdrawal permit.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":274505,"text":"The Board shall have the power to amend or revoke any special exception after notice and opportunity for hearing on the grounds set forth in subsection D of § 62.1-266 for amendment or revocation of a ground water withdrawal permit.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-267\/","history_text":"

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 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 2018, chapter 424<\/a>.<\/p>","references":[{"id":78244,"section_number":"62.1-256","catch_line":" Duties of Board","order_by":null,"url":"\/62.1-256\/"}],"refers_to":[{"id":62679,"section_number":"62.1-266","catch_line":"Ground water withdrawal permits","order_by":null,"url":"\/62.1-266\/"}],"permalink":{"id":269125,"object_type":"law","relational_id":76472,"identifier":"62.1-267","token":"62.1\/25\/62.1-267","url":"\/62.1-267\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-267\/","token":"62.1\/25\/62.1-267","dublin_core":{"Title":"Issuance of special exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-267","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> may issue<\/span> a special exception to allow the withdrawal of ground water in the case of an unusual situation in which requiring the user to obtain a ground water withdrawal permit<\/span> would be contrary to the intended purpose of the Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In reviewing an application for a special exception, the Board<\/span> may consider the amount and duration of the proposed withdrawal, the beneficial use<\/span> intended for the ground water, the return of the ground water to the aquifer, and the effect of the withdrawal on human health and the environment. Any person<\/span> requesting a special exception shall submit an application to the Board<\/span> containing such information as the Board<\/span> shall require by regulation adopted pursuant to this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any special exception issued by the Board<\/span> shall state the terms pursuant to which the applicant may withdraw ground water, including the amount of ground water that may be withdrawn in any period and the duration of the special exception. No special exception shall be issued for a term exceeding 15 years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A violation of any term or provision of a special exception shall subject the holder thereof to the same penalties and enforcement procedures as would apply to a violation of a ground water withdrawal permit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> shall have the power to amend<\/span> or revoke any special exception after notice and opportunity for hearing<\/span> on the grounds set forth in subsection D of § 62.1-266<\/a> for amendment or revocation<\/span> of a ground water withdrawal permit<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF SPECIAL EXCEPTIONS (\u00a7 62.1-267)\n\nA. The Board may issue a special exception to allow the withdrawal of ground\nwater in the case of an unusual situation in which requiring the user to obtain\na ground water withdrawal permit would be contrary to the intended purpose of\nthe Act.\n\nB. In reviewing an application for a special exception, the Board may consider\nthe amount and duration of the proposed withdrawal, the beneficial use intended\nfor the ground water, the return of the ground water to the aquifer, and the\neffect of the withdrawal on human health and the environment. Any person\nrequesting a special exception shall submit an application to the Board\ncontaining such information as the Board shall require by regulation adopted\npursuant to this chapter.\n\nC. Any special exception issued by the Board shall state the terms pursuant to\nwhich the applicant may withdraw ground water, including the amount of ground\nwater that may be withdrawn in any period and the duration of the special\nexception. No special exception shall be issued for a term exceeding 15 years.\n\nD. A violation of any term or provision of a special exception shall subject the\nholder thereof to the same penalties and enforcement procedures as would apply\nto a violation of a ground water withdrawal permit.\n\nE. The Board shall have the power to amend or revoke any special exception after\nnotice and opportunity for hearing on the grounds set forth in subsection D of\n§ 62.1-266 for amendment or revocation of a ground water withdrawal permit.\n\nHISTORY: 1992, c. 812; 2018, c. 424.","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}}