{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_20.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_20.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_20.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_20.html"}],"law_id":82929,"edition_id":1,"section_id":82929,"structure_id":16155,"section_number":"62.1-44.15:20","catch_line":"Virginia Water Protection Permit","history":"2007, c. 659; 2010, c. 233; 2011, cc. 829, 842; 2012, c. 628; 2018, c. 636; 2020, c. 958.","full_text":"A\n\nExcept in compliance with an individual or general Virginia Water Protection Permit issued in accordance with this article, it shall be unlawful to:1\n\nExcavate in a wetland;2\n\nOn or after October 1, 2001, conduct the following in a wetland:\n\t\t\t\ta. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions;\n\t\t\t\tb. Filling or dumping;\n\t\t\t\tc. Permanent flooding or impounding; or\n\t\t\t\td. New activities that cause significant alteration or degradation of existing wetland acreage or functions; or3\n\nAlter the physical, chemical, or biological properties of state waters and make them detrimental to the public health, animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses unless authorized by a certificate issued by the Board.B\n\nThe Board shall, after providing an opportunity for public comment, issue a Virginia Water Protection Permit if it has determined that the proposed activity is consistent with the provisions of the Clean Water Act and the State Water Control Law and will protect instream beneficial uses.C\n\nPrior to the issuance of a Virginia Water Protection Permit, the Board shall consult with and give full consideration to any relevant information contained in the state water supply plan described in subsection A of § 62.1-44.38:1 as well as to the written recommendations of the following agencies: the Department of Wildlife Resources, the Department of Conservation and Recreation, the Virginia Marine Resources Commission, the Department of Health, the Department of Agriculture and Consumer Services, and any other interested and affected agencies. When considering the state water supply plan, nothing shall be construed to limit the operation or expansion of an electric generation facility located on a man-made lake or impoundment built for the purpose of providing cooling water to such facility. Such consultation shall include the need for balancing instream uses with offstream uses. Agencies may submit written comments on proposed permits within 45 days after notification by the Board. If written comments are not submitted by an agency within this time period, the Board shall assume that the agency has no comments on the proposed permit and deem that the agency has waived its right to comment. After the expiration of the 45-day period, any such agency shall have no further opportunity to comment.D\n\nIssuance of a Virginia Water Protection Permit shall constitute the certification required under § 401 of the Clean Water Act, except for any applicant to the Federal Energy Regulatory Commission for a certificate of public convenience and necessity pursuant to § 7c of the federal Natural Gas Act (15 U.S.C. § 717f(c)) to construct any natural gas transmission pipeline greater than 36 inches inside diameter, in which case issuance of a Virginia Water Protection Permit pursuant to this article and a certification issued pursuant to Article 2.6 (§ 62.1-44.15:80 et seq.) shall together constitute the certification required under § 401 of the federal Clean Water Act.E\n\nNo locality may impose wetlands permit requirements duplicating state or federal wetlands permit requirements. In addition, no locality shall impose or establish by ordinance, policy, plan, or any other means provisions related to the location of wetlands or stream mitigation in satisfaction of aquatic resource impacts regulated under a Virginia Water Protection Permit or under a permit issued by the U.S. Army Corps of Engineers pursuant to § 404 of the Clean Water Act. However, a locality’s determination of allowed uses within zoning classifications or its approval of the siting or construction of wetlands or stream mitigation banks or other mitigation projects shall not be affected by the provisions of this subsection.F\n\nThe Board shall assess compensation implementation, inventory permitted wetland impacts, and work to prevent unpermitted impacts to wetlands.","order_by":null,"text":{"0":{"id":297232,"text":"Except in compliance with an individual or general Virginia Water Protection Permit issued in accordance with this article, it shall be unlawful to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":297233,"text":"Excavate in a wetland;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":297234,"text":"On or after October 1, 2001, conduct the following in a wetland:\n\t\t\t\ta. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions;\n\t\t\t\tb. Filling or dumping;\n\t\t\t\tc. Permanent flooding or impounding; or\n\t\t\t\td. New activities that cause significant alteration or degradation of existing wetland acreage or functions; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":297235,"text":"Alter the physical, chemical, or biological properties of state waters and make them detrimental to the public health, animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses unless authorized by a certificate issued by the Board.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":297236,"text":"The Board shall, after providing an opportunity for public comment, issue a Virginia Water Protection Permit if it has determined that the proposed activity is consistent with the provisions of the Clean Water Act and the State Water Control Law and will protect instream beneficial uses.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":297237,"text":"Prior to the issuance of a Virginia Water Protection Permit, the Board shall consult with and give full consideration to any relevant information contained in the state water supply plan described in subsection A of § 62.1-44.38:1 as well as to the written recommendations of the following agencies: the Department of Wildlife Resources, the Department of Conservation and Recreation, the Virginia Marine Resources Commission, the Department of Health, the Department of Agriculture and Consumer Services, and any other interested and affected agencies. When considering the state water supply plan, nothing shall be construed to limit the operation or expansion of an electric generation facility located on a man-made lake or impoundment built for the purpose of providing cooling water to such facility. Such consultation shall include the need for balancing instream uses with offstream uses. Agencies may submit written comments on proposed permits within 45 days after notification by the Board. If written comments are not submitted by an agency within this time period, the Board shall assume that the agency has no comments on the proposed permit and deem that the agency has waived its right to comment. After the expiration of the 45-day period, any such agency shall have no further opportunity to comment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":297238,"text":"Issuance of a Virginia Water Protection Permit shall constitute the certification required under § 401 of the Clean Water Act, except for any applicant to the Federal Energy Regulatory Commission for a certificate of public convenience and necessity pursuant to § 7c of the federal Natural Gas Act (15 U.S.C. § 717f(c)) to construct any natural gas transmission pipeline greater than 36 inches inside diameter, in which case issuance of a Virginia Water Protection Permit pursuant to this article and a certification issued pursuant to Article 2.6 (§ 62.1-44.15:80 et seq.) shall together constitute the certification required under § 401 of the federal Clean Water Act.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":297239,"text":"No locality may impose wetlands permit requirements duplicating state or federal wetlands permit requirements. In addition, no locality shall impose or establish by ordinance, policy, plan, or any other means provisions related to the location of wetlands or stream mitigation in satisfaction of aquatic resource impacts regulated under a Virginia Water Protection Permit or under a permit issued by the U.S. Army Corps of Engineers pursuant to § 404 of the Clean Water Act. However, a locality’s determination of allowed uses within zoning classifications or its approval of the siting or construction of wetlands or stream mitigation banks or other mitigation projects shall not be affected by the provisions of this subsection.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":297240,"text":"The Board shall assess compensation implementation, inventory permitted wetland impacts, and work to prevent unpermitted impacts to wetlands.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":16155,"edition_id":1,"name":"Virginia Water Resources and Wetlands Protection Program","identifier":"2.2","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 04:07:33","date_modified":"2026-06-26 04:07:33","permalink":{"id":269459,"object_type":"structure","relational_id":16155,"identifier":"2.2","token":"62.1\/3.1\/2.2","url":"\/62.1\/3.1\/2.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","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":82929,"structure_id":16155,"section_number":"62.1-44.15:20","catch_line":"Virginia Water Protection Permit","url":"\/62.1-44.15_20\/","token":"62.1\/3.1\/2.2\/62.1-44.15_20","metadata":false},{"id":64181,"structure_id":16155,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","url":"\/62.1-44.15_21\/","token":"62.1\/3.1\/2.2\/62.1-44.15_21","metadata":false},{"id":80548,"structure_id":16155,"section_number":"62.1-44.15:22","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Water withdrawals and preservation of instream flow","url":"\/62.1-44.15_22\/","token":"62.1\/3.1\/2.2\/62.1-44.15_22","metadata":false},{"id":64474,"structure_id":16155,"section_number":"62.1-44.15:23","catch_line":"Wetland and stream mitigation banks","url":"\/62.1-44.15_23\/","token":"62.1\/3.1\/2.2\/62.1-44.15_23","metadata":false},{"id":78947,"structure_id":16155,"section_number":"62.1-44.15:23.1","catch_line":"Wetland and Stream Replacement Fund established","url":"\/62.1-44.15_23.1\/","token":"62.1\/3.1\/2.2\/62.1-44.15_23.1","metadata":false}],"next_section":{"id":64181,"structure_id":16155,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","url":"\/62.1-44.15_21\/","token":"62.1\/3.1\/2.2\/62.1-44.15_21","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:20\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 659<\/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. It has been modified 5 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 2010, chapter 233<\/a>; in 2011, chapters 829<\/a> and 842<\/a>; in 2012, chapter 628<\/a>; in 2018, chapter 636<\/a>; in 2020, chapter 958<\/a>.<\/p>","references":[{"id":54478,"section_number":"10.1-1408.5","catch_line":"Special provisions regarding wetlands","order_by":null,"url":"\/10.1-1408.5\/"},{"id":79002,"section_number":"28.2-1203","catch_line":"Unlawful use of subaqueous beds; penalty","order_by":null,"url":"\/28.2-1203\/"},{"id":83246,"section_number":"28.2-1205.1","catch_line":"Coordinated review of water resources projects","order_by":null,"url":"\/28.2-1205.1\/"},{"id":59486,"section_number":"62.1-229.4","catch_line":"Loans for stormwater runoff control best management practices","order_by":null,"url":"\/62.1-229.4\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":80548,"section_number":"62.1-44.15:22","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Water withdrawals and preservation of instream flow","order_by":null,"url":"\/62.1-44.15_22\/"},{"id":81184,"section_number":"62.1-44.15:81","catch_line":"Application and preparation of draft certification conditions","order_by":null,"url":"\/62.1-44.15_81\/"},{"id":73113,"section_number":"62.1-44.29","catch_line":"Judicial review","order_by":null,"url":"\/62.1-44.29\/"}],"refers_to":[{"id":75328,"section_number":"62.1-44.15:80","catch_line":"Findings and purpose","order_by":null,"url":"\/62.1-44.15_80\/"},{"id":70785,"section_number":"62.1-44.38:1","catch_line":"Comprehensive water supply planning process; state, regional, and local water supply plans","order_by":null,"url":"\/62.1-44.38_1\/"}],"permalink":{"id":269461,"object_type":"law","relational_id":82929,"identifier":"62.1-44.15:20","token":"62.1\/3.1\/2.2\/62.1-44.15_20","url":"\/62.1-44.15_20\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_20\/","token":"62.1\/3.1\/2.2\/62.1-44.15_20","dublin_core":{"Title":"Virginia Water Protection Permit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:20","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except in compliance with an individual or general Virginia Water Protection Permit issued in accordance with this article, it shall be unlawful to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Excavate<\/span> in a wetland; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> On or after October 1, 2001, conduct the following in a wetland:\n\t\t\t\ta. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions;\n\t\t\t\tb. Filling or dumping;\n\t\t\t\tc. Permanent flooding or impounding; or\n\t\t\t\td. New activities that cause significant alteration or degradation of existing wetland acreage or functions; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Alter the physical, chemical, or biological properties of state waters<\/span> and make them detrimental to the public health, animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses unless authorized by a certificate<\/span> issued by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall, after providing an opportunity for public comment, issue<\/span> a Virginia Water Protection Permit if it has determined that the proposed activity is consistent with the provisions of the Clean Water Act and the State Water Control Law<\/span> and will protect instream beneficial uses<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to the issuance of a Virginia Water Protection Permit, the Board<\/span> shall consult with and give full consideration to any relevant information contained in the state water supply plan described in subsection A of § 62.1-44.38:1<\/a> as well as to the written recommendations of the following agencies: the Department<\/span> of Wildlife Resources, the Department<\/span> of Conservation and Recreation, the Virginia Marine Resources Commission, the Department<\/span> of Health, the Department<\/span> of Agriculture and Consumer Services, and any other interested and affected agencies. When considering the state water supply plan, nothing shall be construed to limit the operation or expansion of an electric generation facility located on a man-made lake or impoundment built for the purpose of providing cooling water to such facility. Such consultation shall include the need for balancing instream uses with offstream uses. Agencies may submit written comments on proposed permits within 45 days after notification by the Board<\/span>. If written comments are not submitted by an agency within this time period, the Board<\/span> shall assume that the agency has no comments on the proposed permit and deem that the agency has waived its right to comment. After the expiration of the 45-day period, any such agency shall have no further opportunity to comment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Issuance of a Virginia Water Protection Permit shall constitute the certification required under § 401 of the Clean Water Act, except for any applicant to the Federal Energy Regulatory Commission for a certificate<\/span> of public convenience and necessity pursuant to § 7c of the federal Natural Gas Act (15 U.S.C. § 717f(c)) to construct any natural gas transmission pipeline greater than 36 inches inside diameter, in which case issuance of a Virginia Water Protection Permit pursuant to this article and a certification issued pursuant to Article 2.6 (§ 62.1-44.15:80<\/a> et seq.) shall together constitute the certification required under § 401 of the federal Clean Water Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No locality may impose wetlands<\/span> permit requirements duplicating state or federal wetlands<\/span> permit requirements. In addition, no locality shall impose or establish by ordinance<\/span>, policy, plan, or any other means provisions related to the location of wetlands<\/span> or stream mitigation in satisfaction of aquatic resource impacts regulated under a Virginia Water Protection Permit or under a permit issued by the U.S. Army Corps of Engineers pursuant to § 404 of the Clean Water Act. However, a locality’s determination of allowed uses within zoning classifications or its approval of the siting or construction of wetlands<\/span> or stream mitigation banks or other mitigation projects shall not be affected by the provisions of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Board<\/span> shall assess compensation implementation, inventory permitted wetland impacts, and work to prevent unpermitted impacts to wetlands<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA WATER PROTECTION PERMIT (\u00a7 62.1-44.15:20)\n\nA. Except in compliance with an individual or general Virginia Water Protection\nPermit issued in accordance with this article, it shall be unlawful to:\n\n 1. Excavate in a wetland;\n\n 2. On or after October 1, 2001, conduct the following in a wetland:\n \t\t\t\ta. New activities to cause draining that significantly alters or degrades\n existing wetland acreage or functions;\n \t\t\t\tb. Filling or dumping;\n \t\t\t\tc. Permanent flooding or impounding; or\n \t\t\t\td. New activities that cause significant alteration or degradation of\n existing wetland acreage or functions; or\n\n 3. Alter the physical, chemical, or biological properties of state waters and\n make them detrimental to the public health, animal or aquatic life, or to the\n uses of such waters for domestic or industrial consumption, or for recreation,\n or for other uses unless authorized by a certificate issued by the Board.\n\nB. The Board shall, after providing an opportunity for public comment, issue a\nVirginia Water Protection Permit if it has determined that the proposed activity\nis consistent with the provisions of the Clean Water Act and the State Water\nControl Law and will protect instream beneficial uses.\n\nC. Prior to the issuance of a Virginia Water Protection Permit, the Board shall\nconsult with and give full consideration to any relevant information contained\nin the state water supply plan described in subsection A of § 62.1-44.38:1\nas well as to the written recommendations of the following agencies: the\nDepartment of Wildlife Resources, the Department of Conservation and Recreation,\nthe Virginia Marine Resources Commission, the Department of Health, the\nDepartment of Agriculture and Consumer Services, and any other interested and\naffected agencies. When considering the state water supply plan, nothing shall\nbe construed to limit the operation or expansion of an electric generation\nfacility located on a man-made lake or impoundment built for the purpose of\nproviding cooling water to such facility. Such consultation shall include the\nneed for balancing instream uses with offstream uses. Agencies may submit\nwritten comments on proposed permits within 45 days after notification by the\nBoard. If written comments are not submitted by an agency within this time\nperiod, the Board shall assume that the agency has no comments on the proposed\npermit and deem that the agency has waived its right to comment. After the\nexpiration of the 45-day period, any such agency shall have no further\nopportunity to comment.\n\nD. Issuance of a Virginia Water Protection Permit shall constitute the\ncertification required under § 401 of the Clean Water Act, except for any\napplicant to the Federal Energy Regulatory Commission for a certificate of\npublic convenience and necessity pursuant to § 7c of the federal Natural\nGas Act (15 U.S.C. § 717f(c)) to construct any natural gas transmission\npipeline greater than 36 inches inside diameter, in which case issuance of a\nVirginia Water Protection Permit pursuant to this article and a certification\nissued pursuant to Article 2.6 (§ 62.1-44.15:80 et seq.) shall together\nconstitute the certification required under § 401 of the federal Clean\nWater Act.\n\nE. No locality may impose wetlands permit requirements duplicating state or\nfederal wetlands permit requirements. In addition, no locality shall impose or\nestablish by ordinance, policy, plan, or any other means provisions related to\nthe location of wetlands or stream mitigation in satisfaction of aquatic\nresource impacts regulated under a Virginia Water Protection Permit or under a\npermit issued by the U.S. Army Corps of Engineers pursuant to § 404 of the\nClean Water Act. However, a locality’s determination of allowed uses\nwithin zoning classifications or its approval of the siting or construction of\nwetlands or stream mitigation banks or other mitigation projects shall not be\naffected by the provisions of this subsection.\n\nF. The Board shall assess compensation implementation, inventory permitted\nwetland impacts, and work to prevent unpermitted impacts to wetlands.\n\nHISTORY: 2007, c. 659; 2010, c. 233; 2011, cc. 829, 842; 2012, c. 628; 2018, c.\n636; 2020, c. 958.","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}}