{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_21.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_21.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_21.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_21.html"}],"law_id":64181,"edition_id":1,"section_id":64181,"structure_id":16155,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","history":"2007, c. 659; 2008, c. 244; 2013, c. 742; 2018, cc. 114, 636; 2019, c. 545; 2020, c. 622; 2021, Sp. Sess. I, c. 532.","full_text":"A\n\nPermits shall address avoidance and minimization of wetland impacts to the maximum extent practicable. A permit shall be issued only if the Board finds that the effect of the impact, together with other existing or proposed impacts to wetlands, will not cause or contribute to a significant impairment of state waters or fish and wildlife resources.B\n\nPermits shall contain requirements for compensating impacts on wetlands. Such compensation requirements shall be sufficient to achieve no net loss of existing wetland acreage and functions and may be met through (i) wetland creation or restoration, (ii) purchase or use of mitigation bank credits pursuant to &#xA7; 62.1-44.15:23, (iii) contribution to the Wetland and Stream Replacement Fund established pursuant to &#xA7; 62.1-44.15:23.1 to provide compensation for impacts to wetlands, streams, or other state waters that occur in areas where neither mitigation bank credits nor credits from a Board-approved fund that have met the success criteria are available at the time of permit application, or (iv) contribution to a Board-approved fund dedicated to achieving no net loss of wetland acreage and functions. The Board shall evaluate the appropriate compensatory mitigation option on a case-by-case basis with consideration for which option is practicable and ecologically and environmentally preferable, including, in terms of replacement of acreage and functions, which option offers the greatest likelihood of success and avoidance of temporal loss of acreage and function. This evaluation shall be consistent with the U.S. Army Corps of Engineers Compensatory Mitigation for Losses of Aquatic Resources (33 C.F.R. Part 332). When utilized in conjunction with creation, restoration, or mitigation bank credits, compensation may incorporate (a) preservation or restoration of upland buffers adjacent to wetlands or other state waters or (b) preservation of wetlands.C\n\nThe Board shall utilize the U.S. Army Corps of Engineers&#8217; &#8220;Wetlands Delineation Manual, Technical Report Y-87-1, January 1987, Final Report&#8221; as the approved method for delineating wetlands. The Board shall adopt appropriate guidance and regulations to ensure consistency with the U.S. Army Corps of Engineers&#8217; implementation of delineation practices. The Board shall also adopt guidance and regulations for review and approval of the geographic area of a delineated wetland. Any such approval of a delineation shall remain effective for a period of five years; however, if the Board issues a permit pursuant to this article for an activity in the delineated wetland within the five-year period, the approval shall remain effective for the term of the permit. Any delineation accepted by the U.S. Army Corps of Engineers as sufficient for its exercise of jurisdiction pursuant to &#xA7; 404 of the Clean Water Act shall be determinative of the geographic area of that delineated wetland.D\n\nThe Board shall develop general permits for such activities in wetlands as it deems appropriate. General permits shall include such terms and conditions as the Board deems necessary to protect state waters and fish and wildlife resources from significant impairment. The Board is authorized to waive the requirement for a general permit or deem an activity in compliance with a general permit when it determines that an isolated wetland is of minimal ecological value. The Board shall develop general permits for:1\n\nActivities causing wetland impacts of less than one-half of an acre;2\n\nFacilities and activities of utilities and public service companies regulated by the Federal Energy Regulatory Commission or State Corporation Commission, except for construction of any natural gas transmission pipeline that is greater than 36 inches inside diameter pursuant to a certificate of public convenience and necessity under &#xA7; 7c of the federal Natural Gas Act (15 U.S.C. &#xA7; 717f(c)). No Board action on an individual or general permit for such facilities shall alter the siting determination made through Federal Energy Regulatory Commission or State Corporation Commission approval. The Board and the State Corporation Commission shall develop a memorandum of agreement pursuant to &#xA7;&#xA7; 56-46.1, 56-265.2, 56-265.2:1, and 56-580 to ensure that consultation on wetland impacts occurs prior to siting determinations;3\n\nCoal, natural gas, and coalbed methane gas mining activities authorized by the Department of Energy, and sand mining;4\n\nVirginia Department of Transportation or other linear transportation projects; and5\n\nActivities governed by nationwide or regional permits approved by the Board and issued by the U.S. Army Corps of Engineers. Conditions contained in the general permits shall include, but not be limited to, filing with the Board any copies of preconstruction notification, postconstruction report, and certificate of compliance required by the U.S. Army Corps of Engineers.E\n\nWithin 15 days of receipt of an individual permit application, the Board shall review the application for completeness and either accept the application or request additional specific information from the applicant. Provided the application is not administratively withdrawn, the Board shall, within 120 days of receipt of a complete application, issue the permit, issue the permit with conditions, deny the permit, or decide to conduct a public meeting or hearing. If a public meeting or hearing is held, it shall be held within 60 days of the decision to conduct such a proceeding, and a final decision as to the permit shall be made within 90 days of completion of the public meeting or hearing. A permit application may be administratively withdrawn from processing by the Board if the application is incomplete or for failure by the applicant to provide the required information after 60 days from the date of the latest written information request made by the Board. Such administrative withdrawal shall occur after the Board has provided (i) notice to the applicant and (ii) an opportunity for an informal fact-finding proceeding pursuant to &#xA7; 2.2-4019. An applicant may request a suspension of application review by the Board. A submission by the applicant making such a request shall not preclude the Board from administratively withdrawing an application. Resubmittal of a permit application for the same or similar project, after such time that the original permit application was administratively withdrawn, shall require submittal of an additional permit application fee and may be subject to additional notice requirements. In addition, for an individual permit application related to an application to the Federal Energy Regulatory Commission for a certificate of public convenience and necessity pursuant to &#xA7; 7c of the federal Natural Gas Act (15 U.S.C. &#xA7; 717f(c)) for construction of any natural gas transmission pipeline greater than 36 inches inside diameter, the Board shall complete its consideration within the one-year period established under 33 U.S.C. &#xA7; 1341(a).F\n\nWithin 15 days of receipt of a general permit coverage application, the Board shall review the application for completeness and either accept the application or request additional specific information from the applicant. Provided the application is not administratively withdrawn, the Board shall, within 45 days of receipt of a complete application, deny, approve, or approve with conditions any application for coverage under a general permit within 45 days of receipt of a complete preconstruction application. The application shall be deemed approved if the Board fails to act within 45 days. A permit coverage application may be administratively withdrawn from processing by the Board if the application is incomplete or for failure by the applicant to provide the required information after 60 days from the date of the latest written application request made by the Board. Such administrative withdrawal shall occur after the Board has provided (i) notice to the applicant and (ii) an opportunity for an informal fact-finding proceeding pursuant to &#xA7; 2.2-4019. An applicant may request suspension of an application review by the Board. A submission by the applicant making such a request shall not preclude the Board from administratively withdrawing an application. Resubmittal of a permit coverage application for the same or similar project, after such time that the original permit application was administratively withdrawn, shall require submittal of an additional permit application fee and may be subject to additional notice requirements.G\n\nNo Virginia Water Protection Permit shall be required for impacts to wetlands caused by activities governed under Chapter 13 (&#xA7; 28.2-1300 et seq.) of Title 28.2 or normal agricultural activities or normal silvicultural activities. This section shall also not apply to normal residential gardening, lawn and landscape maintenance, or other similar activities that are incidental to an occupant&#8217;s ongoing residential use of property and of minimal ecological impact. The Board shall develop criteria governing this exemption and shall specifically identify the activities meeting these criteria in its regulations.H\n\nNo Virginia Water Protection Permit shall be required for impacts caused by the construction or maintenance of farm or stock ponds, but other permits may be required pursuant to state and federal law. For purposes of this exclusion, farm or stock ponds shall include all ponds and impoundments that do not fall under the authority of the Virginia Soil and Water Conservation Board pursuant to Article 2 (&#xA7; 10.1-604 et seq.) of Chapter 6 pursuant to normal agricultural or silvicultural activities.I\n\nNo Virginia Water Protection Permit shall be required for wetland and open water impacts to a stormwater management facility that was created on dry land for the purpose of conveying, treating, or storing stormwater, but other permits may be required pursuant to local, state, or federal law. The Department shall adopt guidance to ensure that projects claiming this exemption create no more than minimal ecological impact.J\n\nAn individual Virginia Water Protection Permit shall be required for impacts to state waters for the construction of any natural gas transmission pipeline greater than 36 inches inside diameter pursuant to a certificate of public convenience and necessity under \u00a7 7c of the federal Natural Gas Act (15 U.S.C. \u00a7 717f(c)). For purposes of this subsection:1\n\nEach wetland and stream crossing shall be considered as a single and complete project; however, only one individual Virginia Water Protection Permit addressing all such crossings shall be required for any such pipeline. Notwithstanding the requirement for only one such individual permit addressing all such crossings, individual review of each proposed water body crossing with an upstream drainage area of five square miles or greater shall be performed.2\n\nAll pipelines shall be constructed in a manner that minimizes temporary and permanent impacts to state waters and protects water quality to the maximum extent practicable, including by the use of applicable best management practices that the Board determines to be necessary to protect water quality.3\n\nThe Department shall assess an administrative charge to any applicant for such project to cover the direct costs of services rendered associated with its responsibilities pursuant to this subsection. This administrative charge shall be in addition to any fee assessed pursuant to &#xA7; 62.1-44.15:6.","order_by":null,"text":{"0":{"id":233658,"text":"Permits shall address avoidance and minimization of wetland impacts to the maximum extent practicable. A permit shall be issued only if the Board finds that the effect of the impact, together with other existing or proposed impacts to wetlands, will not cause or contribute to a significant impairment of state waters or fish and wildlife resources.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233659,"text":"Permits shall contain requirements for compensating impacts on wetlands. Such compensation requirements shall be sufficient to achieve no net loss of existing wetland acreage and functions and may be met through (i) wetland creation or restoration, (ii) purchase or use of mitigation bank credits pursuant to &#xA7; 62.1-44.15:23, (iii) contribution to the Wetland and Stream Replacement Fund established pursuant to &#xA7; 62.1-44.15:23.1 to provide compensation for impacts to wetlands, streams, or other state waters that occur in areas where neither mitigation bank credits nor credits from a Board-approved fund that have met the success criteria are available at the time of permit application, or (iv) contribution to a Board-approved fund dedicated to achieving no net loss of wetland acreage and functions. The Board shall evaluate the appropriate compensatory mitigation option on a case-by-case basis with consideration for which option is practicable and ecologically and environmentally preferable, including, in terms of replacement of acreage and functions, which option offers the greatest likelihood of success and avoidance of temporal loss of acreage and function. This evaluation shall be consistent with the U.S. Army Corps of Engineers Compensatory Mitigation for Losses of Aquatic Resources (33 C.F.R. Part 332). When utilized in conjunction with creation, restoration, or mitigation bank credits, compensation may incorporate (a) preservation or restoration of upland buffers adjacent to wetlands or other state waters or (b) preservation of wetlands.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":233660,"text":"The Board shall utilize the U.S. Army Corps of Engineers&#8217; &#8220;Wetlands Delineation Manual, Technical Report Y-87-1, January 1987, Final Report&#8221; as the approved method for delineating wetlands. The Board shall adopt appropriate guidance and regulations to ensure consistency with the U.S. Army Corps of Engineers&#8217; implementation of delineation practices. The Board shall also adopt guidance and regulations for review and approval of the geographic area of a delineated wetland. Any such approval of a delineation shall remain effective for a period of five years; however, if the Board issues a permit pursuant to this article for an activity in the delineated wetland within the five-year period, the approval shall remain effective for the term of the permit. Any delineation accepted by the U.S. Army Corps of Engineers as sufficient for its exercise of jurisdiction pursuant to &#xA7; 404 of the Clean Water Act shall be determinative of the geographic area of that delineated wetland.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":233661,"text":"The Board shall develop general permits for such activities in wetlands as it deems appropriate. General permits shall include such terms and conditions as the Board deems necessary to protect state waters and fish and wildlife resources from significant impairment. The Board is authorized to waive the requirement for a general permit or deem an activity in compliance with a general permit when it determines that an isolated wetland is of minimal ecological value. The Board shall develop general permits for:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":233662,"text":"Activities causing wetland impacts of less than one-half of an acre;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":233663,"text":"Facilities and activities of utilities and public service companies regulated by the Federal Energy Regulatory Commission or State Corporation Commission, except for construction of any natural gas transmission pipeline that is greater than 36 inches inside diameter pursuant to a certificate of public convenience and necessity under &#xA7; 7c of the federal Natural Gas Act (15 U.S.C. &#xA7; 717f(c)). No Board action on an individual or general permit for such facilities shall alter the siting determination made through Federal Energy Regulatory Commission or State Corporation Commission approval. The Board and the State Corporation Commission shall develop a memorandum of agreement pursuant to &#xA7;&#xA7; 56-46.1, 56-265.2, 56-265.2:1, and 56-580 to ensure that consultation on wetland impacts occurs prior to siting determinations;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":233664,"text":"Coal, natural gas, and coalbed methane gas mining activities authorized by the Department of Energy, and sand mining;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":233665,"text":"Virginia Department of Transportation or other linear transportation projects; and","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"8":{"id":233666,"text":"Activities governed by nationwide or regional permits approved by the Board and issued by the U.S. Army Corps of Engineers. Conditions contained in the general permits shall include, but not be limited to, filing with the Board any copies of preconstruction notification, postconstruction report, and certificate of compliance required by the U.S. Army Corps of Engineers.","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"E"},"9":{"id":233667,"text":"Within 15 days of receipt of an individual permit application, the Board shall review the application for completeness and either accept the application or request additional specific information from the applicant. Provided the application is not administratively withdrawn, the Board shall, within 120 days of receipt of a complete application, issue the permit, issue the permit with conditions, deny the permit, or decide to conduct a public meeting or hearing. If a public meeting or hearing is held, it shall be held within 60 days of the decision to conduct such a proceeding, and a final decision as to the permit shall be made within 90 days of completion of the public meeting or hearing. A permit application may be administratively withdrawn from processing by the Board if the application is incomplete or for failure by the applicant to provide the required information after 60 days from the date of the latest written information request made by the Board. Such administrative withdrawal shall occur after the Board has provided (i) notice to the applicant and (ii) an opportunity for an informal fact-finding proceeding pursuant to &#xA7; 2.2-4019. An applicant may request a suspension of application review by the Board. A submission by the applicant making such a request shall not preclude the Board from administratively withdrawing an application. Resubmittal of a permit application for the same or similar project, after such time that the original permit application was administratively withdrawn, shall require submittal of an additional permit application fee and may be subject to additional notice requirements. In addition, for an individual permit application related to an application to the Federal Energy Regulatory Commission for a certificate of public convenience and necessity pursuant to &#xA7; 7c of the federal Natural Gas Act (15 U.S.C. &#xA7; 717f(c)) for construction of any natural gas transmission pipeline greater than 36 inches inside diameter, the Board shall complete its consideration within the one-year period established under 33 U.S.C. &#xA7; 1341(a).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D5","next_prefix":"F"},"10":{"id":233668,"text":"Within 15 days of receipt of a general permit coverage application, the Board shall review the application for completeness and either accept the application or request additional specific information from the applicant. Provided the application is not administratively withdrawn, the Board shall, within 45 days of receipt of a complete application, deny, approve, or approve with conditions any application for coverage under a general permit within 45 days of receipt of a complete preconstruction application. The application shall be deemed approved if the Board fails to act within 45 days. A permit coverage application may be administratively withdrawn from processing by the Board if the application is incomplete or for failure by the applicant to provide the required information after 60 days from the date of the latest written application request made by the Board. Such administrative withdrawal shall occur after the Board has provided (i) notice to the applicant and (ii) an opportunity for an informal fact-finding proceeding pursuant to &#xA7; 2.2-4019. An applicant may request suspension of an application review by the Board. A submission by the applicant making such a request shall not preclude the Board from administratively withdrawing an application. Resubmittal of a permit coverage application for the same or similar project, after such time that the original permit application was administratively withdrawn, shall require submittal of an additional permit application fee and may be subject to additional notice requirements.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":233669,"text":"No Virginia Water Protection Permit shall be required for impacts to wetlands caused by activities governed under Chapter 13 (&#xA7; 28.2-1300 et seq.) of Title 28.2 or normal agricultural activities or normal silvicultural activities. This section shall also not apply to normal residential gardening, lawn and landscape maintenance, or other similar activities that are incidental to an occupant&#8217;s ongoing residential use of property and of minimal ecological impact. The Board shall develop criteria governing this exemption and shall specifically identify the activities meeting these criteria in its regulations.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":233670,"text":"No Virginia Water Protection Permit shall be required for impacts caused by the construction or maintenance of farm or stock ponds, but other permits may be required pursuant to state and federal law. For purposes of this exclusion, farm or stock ponds shall include all ponds and impoundments that do not fall under the authority of the Virginia Soil and Water Conservation Board pursuant to Article 2 (&#xA7; 10.1-604 et seq.) of Chapter 6 pursuant to normal agricultural or silvicultural activities.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"13":{"id":233671,"text":"No Virginia Water Protection Permit shall be required for wetland and open water impacts to a stormwater management facility that was created on dry land for the purpose of conveying, treating, or storing stormwater, but other permits may be required pursuant to local, state, or federal law. The Department shall adopt guidance to ensure that projects claiming this exemption create no more than minimal ecological impact.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"14":{"id":233672,"text":"An individual Virginia Water Protection Permit shall be required for impacts to state waters for the construction of any natural gas transmission pipeline greater than 36 inches inside diameter pursuant to a certificate of public convenience and necessity under \u00a7 7c of the federal Natural Gas Act (15 U.S.C. \u00a7 717f(c)). For purposes of this subsection:","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"J1"},"15":{"id":233673,"text":"Each wetland and stream crossing shall be considered as a single and complete project; however, only one individual Virginia Water Protection Permit addressing all such crossings shall be required for any such pipeline. Notwithstanding the requirement for only one such individual permit addressing all such crossings, individual review of each proposed water body crossing with an upstream drainage area of five square miles or greater shall be performed.","type":"section","prefixes":["J","1"],"prefix":"1","entire_prefix":"J1","prefix_anchor":"J1","level":2,"prior_prefix":"J","next_prefix":"J2"},"16":{"id":233674,"text":"All pipelines shall be constructed in a manner that minimizes temporary and permanent impacts to state waters and protects water quality to the maximum extent practicable, including by the use of applicable best management practices that the Board determines to be necessary to protect water quality.","type":"section","prefixes":["J","2"],"prefix":"2","entire_prefix":"J2","prefix_anchor":"J2","level":2,"prior_prefix":"J1","next_prefix":"J3"},"17":{"id":233675,"text":"The Department shall assess an administrative charge to any applicant for such project to cover the direct costs of services rendered associated with its responsibilities pursuant to this subsection. This administrative charge shall be in addition to any fee assessed pursuant to &#xA7; 62.1-44.15:6.","type":"section","prefixes":["J","3"],"prefix":"3","entire_prefix":"J3","prefix_anchor":"J3","level":2,"prior_prefix":"J2"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:21\/","history_text":"<p>This law was first created in 2007. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0659\">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 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0244\">244<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0742\">742<\/a>; in 2018, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0114\">114<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0636\">636<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0545\">545<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0622\">622<\/a>.<\/p>","references":[{"id":78947,"section_number":"62.1-44.15:23.1","catch_line":"Wetland and Stream Replacement Fund established","order_by":null,"url":"\/62.1-44.15_23.1\/"},{"id":73113,"section_number":"62.1-44.29","catch_line":"Judicial review","order_by":null,"url":"\/62.1-44.29\/"}],"refers_to":[{"id":58286,"section_number":"10.1-604","catch_line":" Definitions","order_by":null,"url":"\/10.1-604\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":62122,"section_number":"28.2-1300","catch_line":"Definitions","order_by":null,"url":"\/28.2-1300\/"},{"id":75556,"section_number":"56-265.2","catch_line":"Certificate of convenience and necessity required for acquisition, etc., of new facilities","order_by":null,"url":"\/56-265.2\/"},{"id":78990,"section_number":"56-265.2:1","catch_line":"Approval by Commission required for construction of certain gas pipelines and related facilities; notice and hearing","order_by":null,"url":"\/56-265.2_1\/"},{"id":71170,"section_number":"56-46.1","catch_line":"Commission to consider environmental, economic, and improvements in service reliability factors in approving construction of electrical utility facilities; approval required for construction of certain electrical transmission lines; notice and hearings","order_by":null,"url":"\/56-46.1\/"},{"id":77551,"section_number":"56-580","catch_line":"Transmission and distribution of electric energy","order_by":null,"url":"\/56-580\/"},{"id":64474,"section_number":"62.1-44.15:23","catch_line":"Wetland and stream mitigation banks","order_by":null,"url":"\/62.1-44.15_23\/"},{"id":78947,"section_number":"62.1-44.15:23.1","catch_line":"Wetland and Stream Replacement Fund established","order_by":null,"url":"\/62.1-44.15_23.1\/"},{"id":68522,"section_number":"62.1-44.15:6","catch_line":"Permit fee regulations","order_by":null,"url":"\/62.1-44.15_6\/"}],"permalink":{"id":269465,"object_type":"law","relational_id":64181,"identifier":"62.1-44.15:21","token":"62.1\/3.1\/2.2\/62.1-44.15_21","url":"\/62.1-44.15_21\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_21\/","token":"62.1\/3.1\/2.2\/62.1-44.15_21","dublin_core":{"Title":" Impacts to wetlands","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:21","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Permits shall address avoidance and minimization of wetland impacts to the maximum extent practicable. A permit shall be issued only if the <span class=\"dictionary\">Board<\/span> finds that the effect of the impact, together with other existing or proposed impacts to <span class=\"dictionary\">wetlands<\/span>, will not cause or contribute to a significant impairment of <span class=\"dictionary\">state waters<\/span> or fish and wildlife resources. <a id=\"paragraph-233658\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#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> Permits shall contain requirements for compensating impacts on <span class=\"dictionary\">wetlands<\/span>. Such compensation requirements shall be sufficient to achieve no net loss of existing wetland acreage and functions and may be met through (i) wetland creation or restoration, (ii) purchase or use of mitigation bank credits pursuant to &#xA7; <a class=\"law\" title=\"Wetland and stream mitigation banks\" href=\"\/62.1-44.15_23\/\">62.1-44.15:23<\/a>, (iii) contribution to the Wetland and Stream Replacement Fund established pursuant to &#xA7; <a class=\"law\" title=\"Wetland and Stream Replacement Fund established\" href=\"\/62.1-44.15_23.1\/\">62.1-44.15:23.1<\/a> to provide compensation for impacts to <span class=\"dictionary\">wetlands<\/span>, streams, or other <span class=\"dictionary\">state waters<\/span> that occur in areas where neither mitigation bank credits nor credits from a <span class=\"dictionary\">Board<\/span>-approved fund that have met the success criteria are available at the time of permit application, or (iv) contribution to a <span class=\"dictionary\">Board<\/span>-approved fund dedicated to achieving no net loss of wetland acreage and functions. The <span class=\"dictionary\">Board<\/span> shall evaluate the appropriate compensatory mitigation option on a case-by-case basis with consideration for which option is practicable and ecologically and environmentally preferable, including, in terms of replacement of acreage and functions, which option offers the greatest likelihood of success and avoidance of temporal loss of acreage and function. This evaluation shall be consistent with the U.S. Army Corps of Engineers Compensatory Mitigation for Losses of Aquatic Resources (33 C.F.R. Part 332). When utilized in conjunction with creation, restoration, or mitigation bank credits, compensation may incorporate (a) preservation or restoration of upland buffers adjacent to <span class=\"dictionary\">wetlands<\/span> or other <span class=\"dictionary\">state waters<\/span> or (b) preservation of <span class=\"dictionary\">wetlands<\/span>. <a id=\"paragraph-233659\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#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> The <span class=\"dictionary\">Board<\/span> shall utilize the U.S. Army Corps of Engineers&#8217; &#8220;<span class=\"dictionary\">Wetlands<\/span> Delineation Manual, Technical Report Y-87-1, January 1987, Final Report&#8221; as the approved method for delineating <span class=\"dictionary\">wetlands<\/span>. The <span class=\"dictionary\">Board<\/span> shall adopt appropriate guidance and <span class=\"dictionary\">regulations<\/span> to ensure consistency with the U.S. Army Corps of Engineers&#8217; implementation of delineation practices. The <span class=\"dictionary\">Board<\/span> shall also adopt guidance and <span class=\"dictionary\">regulations<\/span> for review and approval of the geographic area of a delineated wetland. Any such approval of a delineation shall remain effective for a period of five years; however, if the <span class=\"dictionary\">Board<\/span> <span class=\"dictionary\">issues<\/span> a permit pursuant to this article for an activity in the delineated wetland within the five-year period, the approval shall remain effective for the term of the permit. Any delineation accepted by the U.S. Army Corps of Engineers as sufficient for its exercise of <span class=\"dictionary\">jurisdiction<\/span> pursuant to &#xA7; 404 of the Clean Water Act shall be determinative of the geographic area of that delineated wetland. <a id=\"paragraph-233660\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#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> The <span class=\"dictionary\">Board<\/span> shall develop general permits for such activities in <span class=\"dictionary\">wetlands<\/span> as it deems appropriate. General permits shall include such terms and conditions as the <span class=\"dictionary\">Board<\/span> deems necessary to protect <span class=\"dictionary\">state waters<\/span> and fish and wildlife resources from significant impairment. The <span class=\"dictionary\">Board<\/span> is authorized to <span class=\"dictionary\">waive<\/span> the requirement for a general permit or deem an activity in compliance with a general permit when it determines that an isolated wetland is of minimal ecological value. The <span class=\"dictionary\">Board<\/span> shall develop general permits for: <a id=\"paragraph-233661\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Activities causing wetland impacts of less than one-half of an acre; <a id=\"paragraph-233662\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Facilities and activities of utilities and public service companies regulated by the Federal Energy Regulatory Commission or State Corporation Commission, except for construction of any natural gas transmission pipeline that is greater than 36 inches inside diameter pursuant to a <span class=\"dictionary\">certificate<\/span> of public convenience and necessity under &#xA7; 7c of the federal Natural Gas Act (15 U.S.C. &#xA7; 717f(c)). No <span class=\"dictionary\">Board<\/span> action on an individual or general permit for such facilities shall alter the siting determination made through Federal Energy Regulatory Commission or State Corporation Commission approval. The <span class=\"dictionary\">Board<\/span> and the State Corporation Commission shall develop a <span class=\"dictionary\">memorandum<\/span> of agreement pursuant to &#xA7;&#xA7; <a class=\"law\" title=\"Commission to consider environmental, economic, and improvements in service reliability factors in approving construction of electrical utility facilities; approval required for construction of certain electrical transmission lines; notice and hearings\" href=\"\/56-46.1\/\">56-46.1<\/a>, <a class=\"law\" title=\"Certificate of convenience and necessity required for acquisition, etc., of new facilities\" href=\"\/56-265.2\/\">56-265.2<\/a>, <a class=\"law\" title=\"Approval by Commission required for construction of certain gas pipelines and related facilities; notice and hearing\" href=\"\/56-265.2_1\/\">56-265.2:1<\/a>, and <a class=\"law\" title=\"Transmission and distribution of electric energy\" href=\"\/56-580\/\">56-580<\/a> to ensure that consultation on wetland impacts occurs prior to siting determinations; <a id=\"paragraph-233663\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Coal, natural gas, and coalbed methane gas mining activities authorized by the <span class=\"dictionary\">Department<\/span> of Energy, and sand mining; <a id=\"paragraph-233664\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Virginia <span class=\"dictionary\">Department<\/span> of Transportation or other linear transportation projects; and <a id=\"paragraph-233665\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#D4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Activities governed by nationwide or regional permits approved by the <span class=\"dictionary\">Board<\/span> and issued by the U.S. Army Corps of Engineers. Conditions contained in the general permits shall include, but not be limited to, filing with the <span class=\"dictionary\">Board<\/span> any copies of preconstruction notification, postconstruction report, and <span class=\"dictionary\">certificate<\/span> of compliance required by the U.S. Army Corps of Engineers. <a id=\"paragraph-233666\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#D5\"><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> Within 15 days of receipt of an individual permit application, the <span class=\"dictionary\">Board<\/span> shall review the application for completeness and either accept the application or request additional specific information from the applicant. Provided the application is not administratively withdrawn, the <span class=\"dictionary\">Board<\/span> shall, within 120 days of receipt of a complete application, <span class=\"dictionary\">issue<\/span> the permit, <span class=\"dictionary\">issue<\/span> the permit with conditions, deny the permit, or decide to conduct a public meeting or <span class=\"dictionary\">hearing<\/span>. If a public meeting or <span class=\"dictionary\">hearing<\/span> is held, it shall be held within 60 days of the decision to conduct such a proceeding, and a final decision as to the permit shall be made within 90 days of completion of the public meeting or <span class=\"dictionary\">hearing<\/span>. A permit application may be administratively withdrawn from processing by the <span class=\"dictionary\">Board<\/span> if the application is incomplete or for failure by the applicant to provide the required information after 60 days from the date of the latest written information request made by the <span class=\"dictionary\">Board<\/span>. Such administrative withdrawal shall occur after the <span class=\"dictionary\">Board<\/span> has provided (i) notice to the applicant and (ii) an opportunity for an informal <span class=\"dictionary\">fact<\/span>-<span class=\"dictionary\">finding<\/span> proceeding pursuant to &#xA7; <a class=\"law\" title=\"Informal fact finding proceedings\" href=\"\/2.2-4019\/\">2.2-4019<\/a>. An applicant may request a suspension of application review by the <span class=\"dictionary\">Board<\/span>. A submission by the applicant making such a request shall not preclude the <span class=\"dictionary\">Board<\/span> from administratively withdrawing an application. Resubmittal of a permit application for the same or similar project, after such time that the original permit application was administratively withdrawn, shall require submittal of an additional permit application fee and may be subject to additional notice requirements. In addition, for an individual permit application related to an application to the Federal Energy Regulatory Commission for a <span class=\"dictionary\">certificate<\/span> of public convenience and necessity pursuant to &#xA7; 7c of the federal Natural Gas Act (15 U.S.C. &#xA7; 717f(c)) for construction of any natural gas transmission pipeline greater than 36 inches inside diameter, the <span class=\"dictionary\">Board<\/span> shall complete its consideration within the one-year period established under 33 U.S.C. &#xA7; 1341(a). <a id=\"paragraph-233667\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#E\"><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> Within 15 days of receipt of a general permit coverage application, the <span class=\"dictionary\">Board<\/span> shall review the application for completeness and either accept the application or request additional specific information from the applicant. Provided the application is not administratively withdrawn, the <span class=\"dictionary\">Board<\/span> shall, within 45 days of receipt of a complete application, deny, approve, or approve with conditions any application for coverage under a general permit within 45 days of receipt of a complete preconstruction application. The application shall be deemed approved if the <span class=\"dictionary\">Board<\/span> fails to act within 45 days. A permit coverage application may be administratively withdrawn from processing by the <span class=\"dictionary\">Board<\/span> if the application is incomplete or for failure by the applicant to provide the required information after 60 days from the date of the latest written application request made by the <span class=\"dictionary\">Board<\/span>. Such administrative withdrawal shall occur after the <span class=\"dictionary\">Board<\/span> has provided (i) notice to the applicant and (ii) an opportunity for an informal <span class=\"dictionary\">fact<\/span>-<span class=\"dictionary\">finding<\/span> proceeding pursuant to &#xA7; <a class=\"law\" title=\"Informal fact finding proceedings\" href=\"\/2.2-4019\/\">2.2-4019<\/a>. An applicant may request suspension of an application review by the <span class=\"dictionary\">Board<\/span>. A submission by the applicant making such a request shall not preclude the <span class=\"dictionary\">Board<\/span> from administratively withdrawing an application. Resubmittal of a permit coverage application for the same or similar project, after such time that the original permit application was administratively withdrawn, shall require submittal of an additional permit application fee and may be subject to additional notice requirements. <a id=\"paragraph-233668\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#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> No Virginia Water Protection Permit shall be required for impacts to <span class=\"dictionary\">wetlands<\/span> caused by activities governed under Chapter 13 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/28.2-1300\/\">28.2-1300<\/a> et seq.) of Title 28.2 or <span class=\"dictionary\">normal agricultural activities<\/span> or <span class=\"dictionary\">normal silvicultural activities<\/span>. This section shall also not apply to normal residential gardening, lawn and landscape maintenance, or other similar activities that are incidental to an occupant&#8217;s ongoing residential use of property and of minimal ecological impact. The <span class=\"dictionary\">Board<\/span> shall develop criteria governing this exemption and shall specifically identify the activities meeting these criteria in its <span class=\"dictionary\">regulations<\/span>. <a id=\"paragraph-233669\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#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> No Virginia Water Protection Permit shall be required for impacts caused by the construction or maintenance of farm or stock ponds, but other permits may be required pursuant to state and federal <span class=\"dictionary\">law<\/span>. For purposes of this exclusion, farm or stock ponds shall include all ponds and impoundments that do not fall under the authority of the Virginia Soil and Water Conservation <span class=\"dictionary\">Board<\/span> pursuant to Article 2 (&#xA7; <a class=\"law\" title=\" Definitions\" href=\"\/10.1-604\/\">10.1-604<\/a> et seq.) of Chapter 6 pursuant to normal agricultural or silvicultural activities. <a id=\"paragraph-233670\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#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> No Virginia Water Protection Permit shall be required for wetland and open water impacts to a stormwater management facility that was created on dry land for the purpose of conveying, treating, or storing stormwater, but other permits may be required pursuant to local, state, or federal <span class=\"dictionary\">law<\/span>. The <span class=\"dictionary\">Department<\/span> shall adopt guidance to ensure that projects claiming this exemption create no more than minimal ecological impact. <a id=\"paragraph-233671\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#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> An individual Virginia Water Protection Permit shall be required for impacts to <span class=\"dictionary\">state waters<\/span> for the construction of any natural gas transmission pipeline greater than 36 inches inside diameter pursuant to a <span class=\"dictionary\">certificate<\/span> of public convenience and necessity under \u00a7&nbsp;7c of the federal Natural Gas Act (15 U.S.C. \u00a7&nbsp;717f(c)). For purposes of this subsection: <a id=\"paragraph-233672\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Each wetland and stream crossing shall be considered as a single and complete project; however, only one individual Virginia Water Protection Permit addressing all such crossings shall be required for any such pipeline. Notwithstanding the requirement for only one such individual permit addressing all such crossings, individual review of each proposed water body crossing with an upstream drainage area of five square miles or greater shall be performed. <a id=\"paragraph-233673\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#J1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> All pipelines shall be constructed in a manner that minimizes temporary and permanent impacts to <span class=\"dictionary\">state waters<\/span> and protects water quality to the maximum extent practicable, including by the use of applicable best management practices that the <span class=\"dictionary\">Board<\/span> determines to be necessary to protect water quality. <a id=\"paragraph-233674\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#J2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The <span class=\"dictionary\">Department<\/span> shall assess an administrative charge to any applicant for such project to cover the direct costs of services rendered associated with its responsibilities pursuant to this subsection. This administrative charge shall be in addition to any fee assessed pursuant to &#xA7; <a class=\"law\" title=\"Permit fee regulations\" href=\"\/62.1-44.15_6\/\">62.1-44.15:6<\/a>. <a id=\"paragraph-233675\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_21\/#J3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n IMPACTS TO WETLANDS (\u00a7 62.1-44.15:21)\n\nA. Permits shall address avoidance and minimization of wetland impacts to the\nmaximum extent practicable. A permit shall be issued only if the Board finds\nthat the effect of the impact, together with other existing or proposed impacts\nto wetlands, will not cause or contribute to a significant impairment of state\nwaters or fish and wildlife resources.\n\nB. Permits shall contain requirements for compensating impacts on wetlands. Such\ncompensation requirements shall be sufficient to achieve no net loss of existing\nwetland acreage and functions and may be met through (i) wetland creation or\nrestoration, (ii) purchase or use of mitigation bank credits pursuant to &#xA7;\n62.1-44.15:23, (iii) contribution to the Wetland and Stream Replacement Fund\nestablished pursuant to &#xA7; 62.1-44.15:23.1 to provide compensation for\nimpacts to wetlands, streams, or other state waters that occur in areas where\nneither mitigation bank credits nor credits from a Board-approved fund that have\nmet the success criteria are available at the time of permit application, or\n(iv) contribution to a Board-approved fund dedicated to achieving no net loss of\nwetland acreage and functions. The Board shall evaluate the appropriate\ncompensatory mitigation option on a case-by-case basis with consideration for\nwhich option is practicable and ecologically and environmentally preferable,\nincluding, in terms of replacement of acreage and functions, which option offers\nthe greatest likelihood of success and avoidance of temporal loss of acreage and\nfunction. This evaluation shall be consistent with the U.S. Army Corps of\nEngineers Compensatory Mitigation for Losses of Aquatic Resources (33 C.F.R.\nPart 332). When utilized in conjunction with creation, restoration, or\nmitigation bank credits, compensation may incorporate (a) preservation or\nrestoration of upland buffers adjacent to wetlands or other state waters or (b)\npreservation of wetlands.\n\nC. The Board shall utilize the U.S. Army Corps of Engineers&#8217;\n&#8220;Wetlands Delineation Manual, Technical Report Y-87-1, January 1987, Final\nReport&#8221; as the approved method for delineating wetlands. The Board shall\nadopt appropriate guidance and regulations to ensure consistency with the U.S.\nArmy Corps of Engineers&#8217; implementation of delineation practices. The\nBoard shall also adopt guidance and regulations for review and approval of the\ngeographic area of a delineated wetland. Any such approval of a delineation\nshall remain effective for a period of five years; however, if the Board issues\na permit pursuant to this article for an activity in the delineated wetland\nwithin the five-year period, the approval shall remain effective for the term of\nthe permit. Any delineation accepted by the U.S. Army Corps of Engineers as\nsufficient for its exercise of jurisdiction pursuant to &#xA7; 404 of the Clean\nWater Act shall be determinative of the geographic area of that delineated\nwetland.\n\nD. The Board shall develop general permits for such activities in wetlands as it\ndeems appropriate. General permits shall include such terms and conditions as\nthe Board deems necessary to protect state waters and fish and wildlife\nresources from significant impairment. The Board is authorized to waive the\nrequirement for a general permit or deem an activity in compliance with a\ngeneral permit when it determines that an isolated wetland is of minimal\necological value. The Board shall develop general permits for:\n\n   1. Activities causing wetland impacts of less than one-half of an acre;\n\n   2. Facilities and activities of utilities and public service companies\n   regulated by the Federal Energy Regulatory Commission or State Corporation\n   Commission, except for construction of any natural gas transmission pipeline\n   that is greater than 36 inches inside diameter pursuant to a certificate of\n   public convenience and necessity under &#xA7; 7c of the federal Natural Gas\n   Act (15 U.S.C. &#xA7; 717f(c)). No Board action on an individual or general\n   permit for such facilities shall alter the siting determination made through\n   Federal Energy Regulatory Commission or State Corporation Commission approval.\n   The Board and the State Corporation Commission shall develop a memorandum of\n   agreement pursuant to &#xA7;&#xA7; 56-46.1, 56-265.2, 56-265.2:1, and 56-580\n   to ensure that consultation on wetland impacts occurs prior to siting\n   determinations;\n\n   3. Coal, natural gas, and coalbed methane gas mining activities authorized by\n   the Department of Energy, and sand mining;\n\n   4. Virginia Department of Transportation or other linear transportation\n   projects; and\n\n   5. Activities governed by nationwide or regional permits approved by the Board\n   and issued by the U.S. Army Corps of Engineers. Conditions contained in the\n   general permits shall include, but not be limited to, filing with the Board\n   any copies of preconstruction notification, postconstruction report, and\n   certificate of compliance required by the U.S. Army Corps of Engineers.\n\nE. Within 15 days of receipt of an individual permit application, the Board\nshall review the application for completeness and either accept the application\nor request additional specific information from the applicant. Provided the\napplication is not administratively withdrawn, the Board shall, within 120 days\nof receipt of a complete application, issue the permit, issue the permit with\nconditions, deny the permit, or decide to conduct a public meeting or hearing.\nIf a public meeting or hearing is held, it shall be held within 60 days of the\ndecision to conduct such a proceeding, and a final decision as to the permit\nshall be made within 90 days of completion of the public meeting or hearing. A\npermit application may be administratively withdrawn from processing by the\nBoard if the application is incomplete or for failure by the applicant to\nprovide the required information after 60 days from the date of the latest\nwritten information request made by the Board. Such administrative withdrawal\nshall occur after the Board has provided (i) notice to the applicant and (ii) an\nopportunity for an informal fact-finding proceeding pursuant to &#xA7; 2.2-4019.\nAn applicant may request a suspension of application review by the Board. A\nsubmission by the applicant making such a request shall not preclude the Board\nfrom administratively withdrawing an application. Resubmittal of a permit\napplication for the same or similar project, after such time that the original\npermit application was administratively withdrawn, shall require submittal of an\nadditional permit application fee and may be subject to additional notice\nrequirements. In addition, for an individual permit application related to an\napplication to the Federal Energy Regulatory Commission for a certificate of\npublic convenience and necessity pursuant to &#xA7; 7c of the federal Natural\nGas Act (15 U.S.C. &#xA7; 717f(c)) for construction of any natural gas\ntransmission pipeline greater than 36 inches inside diameter, the Board shall\ncomplete its consideration within the one-year period established under 33\nU.S.C. &#xA7; 1341(a).\n\nF. Within 15 days of receipt of a general permit coverage application, the Board\nshall review the application for completeness and either accept the application\nor request additional specific information from the applicant. Provided the\napplication is not administratively withdrawn, the Board shall, within 45 days\nof receipt of a complete application, deny, approve, or approve with conditions\nany application for coverage under a general permit within 45 days of receipt of\na complete preconstruction application. The application shall be deemed approved\nif the Board fails to act within 45 days. A permit coverage application may be\nadministratively withdrawn from processing by the Board if the application is\nincomplete or for failure by the applicant to provide the required information\nafter 60 days from the date of the latest written application request made by\nthe Board. Such administrative withdrawal shall occur after the Board has\nprovided (i) notice to the applicant and (ii) an opportunity for an informal\nfact-finding proceeding pursuant to &#xA7; 2.2-4019. An applicant may request\nsuspension of an application review by the Board. A submission by the applicant\nmaking such a request shall not preclude the Board from administratively\nwithdrawing an application. Resubmittal of a permit coverage application for the\nsame or similar project, after such time that the original permit application\nwas administratively withdrawn, shall require submittal of an additional permit\napplication fee and may be subject to additional notice requirements.\n\nG. No Virginia Water Protection Permit shall be required for impacts to wetlands\ncaused by activities governed under Chapter 13 (&#xA7; 28.2-1300 et seq.) of\nTitle 28.2 or normal agricultural activities or normal silvicultural activities.\nThis section shall also not apply to normal residential gardening, lawn and\nlandscape maintenance, or other similar activities that are incidental to an\noccupant&#8217;s ongoing residential use of property and of minimal ecological\nimpact. The Board shall develop criteria governing this exemption and shall\nspecifically identify the activities meeting these criteria in its regulations.\n\nH. No Virginia Water Protection Permit shall be required for impacts caused by\nthe construction or maintenance of farm or stock ponds, but other permits may be\nrequired pursuant to state and federal law. For purposes of this exclusion, farm\nor stock ponds shall include all ponds and impoundments that do not fall under\nthe authority of the Virginia Soil and Water Conservation Board pursuant to\nArticle 2 (&#xA7; 10.1-604 et seq.) of Chapter 6 pursuant to normal agricultural\nor silvicultural activities.\n\nI. No Virginia Water Protection Permit shall be required for wetland and open\nwater impacts to a stormwater management facility that was created on dry land\nfor the purpose of conveying, treating, or storing stormwater, but other permits\nmay be required pursuant to local, state, or federal law. The Department shall\nadopt guidance to ensure that projects claiming this exemption create no more\nthan minimal ecological impact.\n\nJ. An individual Virginia Water Protection Permit shall be required for impacts\nto state waters for the construction of any natural gas transmission pipeline\ngreater than 36 inches inside diameter pursuant to a certificate of public\nconvenience and necessity under \u00a7 7c of the federal Natural Gas Act (15 U.S.C.\n\u00a7 717f(c)). For purposes of this subsection:\n\n   1. Each wetland and stream crossing shall be considered as a single and\n   complete project; however, only one individual Virginia Water Protection\n   Permit addressing all such crossings shall be required for any such pipeline.\n   Notwithstanding the requirement for only one such individual permit addressing\n   all such crossings, individual review of each proposed water body crossing\n   with an upstream drainage area of five square miles or greater shall be\n   performed.\n\n   2. All pipelines shall be constructed in a manner that minimizes temporary and\n   permanent impacts to state waters and protects water quality to the maximum\n   extent practicable, including by the use of applicable best management\n   practices that the Board determines to be necessary to protect water quality.\n\n   3. The Department shall assess an administrative charge to any applicant for\n   such project to cover the direct costs of services rendered associated with\n   its responsibilities pursuant to this subsection. This administrative charge\n   shall be in addition to any fee assessed pursuant to &#xA7; 62.1-44.15:6.\n\nHISTORY: 2007, c. 659; 2008, c. 244; 2013, c. 742; 2018, cc. 114, 636; 2019, c.\n545; 2020, c. 622; 2021, Sp. Sess. I, c. 532.","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}}