{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_23.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_23.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_23.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_23.1.html"}],"law_id":78947,"edition_id":1,"section_id":78947,"structure_id":16155,"section_number":"62.1-44.15:23.1","catch_line":"Wetland and Stream Replacement Fund established","history":"2013, c. 742; 2021, Sp. Sess. I, c. 265; 2023, c. 206.","full_text":"There is hereby created in the state treasury a special nonreverting fund to be known as the Wetland and Stream Replacement Fund, hereafter referred to as “the Fund.” The Fund shall be established on the books of the Comptroller. All contributions to the Board pursuant to clause (iii) of subsection B of \u00a7 62.1-44.15:21 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. The Fund shall be administered and utilized by the Department. The Fund may be used as an additional mechanism for compensatory mitigation for impacts to aquatic resources (i) that result from activities authorized under (a) \u00a7 404 and 401 of the Clean Water Act (33 U.S.C. \u00a7 1251 et seq.), (b) the Virginia Water Protection Permit Regulation (9 VAC 25-210 et seq.), or (c) \u00a7 10 of the Rivers and Harbors Act (33 U.S.C. \u00a7 403); (ii) that result from unauthorized activities in waters of the United States or state waters; and (iii) in other cases, as the appropriate regulatory agencies deem acceptable. Moneys in the Fund shall be used for the purpose of purchasing mitigation bank credits in compliance with the provisions of subsection B of \u00a7 62.1-44.15:23 as soon as practicable after moneys are collected. If the Department determines within two years after the collection of moneys for a specific impact that credits will not be available within three years of the collection of moneys for such specific impact, then funds may be utilized either (1) to purchase credits from a Board-approved fund that have met the success criteria, if qualifying credits are available, (2) for the planning, construction, monitoring, and preservation of wetland and stream mitigation projects and preservation, enhancement, or restoration of upland buffers adjacent to wetlands or other state waters when used in conjunction with creation or restoration of wetlands and streams, or (3) for other water quality improvement projects as deemed acceptable by the Department. Such projects developed under clause (2) shall be developed in accordance with guidelines, responsibilities, and standards established by the Department for use, operation, and maintenance consistent with 33 CFR Part 332, governing compensatory mitigation for activities authorized by U.S. Army Corps of Engineer permits. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department. The Department may charge a reasonable fee to administer the Fund.","order_by":null,"text":{"0":{"id":282787,"text":"There is hereby created in the state treasury a special nonreverting fund to be known as the Wetland and Stream Replacement Fund, hereafter referred to as “the Fund.” The Fund shall be established on the books of the Comptroller. All contributions to the Board pursuant to clause (iii) of subsection B of \u00a7 62.1-44.15:21 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. The Fund shall be administered and utilized by the Department. The Fund may be used as an additional mechanism for compensatory mitigation for impacts to aquatic resources (i) that result from activities authorized under (a) \u00a7 404 and 401 of the Clean Water Act (33 U.S.C. \u00a7 1251 et seq.), (b) the Virginia Water Protection Permit Regulation (9 VAC 25-210 et seq.), or (c) \u00a7 10 of the Rivers and Harbors Act (33 U.S.C. \u00a7 403); (ii) that result from unauthorized activities in waters of the United States or state waters; and (iii) in other cases, as the appropriate regulatory agencies deem acceptable. Moneys in the Fund shall be used for the purpose of purchasing mitigation bank credits in compliance with the provisions of subsection B of \u00a7 62.1-44.15:23 as soon as practicable after moneys are collected. If the Department determines within two years after the collection of moneys for a specific impact that credits will not be available within three years of the collection of moneys for such specific impact, then funds may be utilized either (1) to purchase credits from a Board-approved fund that have met the success criteria, if qualifying credits are available, (2) for the planning, construction, monitoring, and preservation of wetland and stream mitigation projects and preservation, enhancement, or restoration of upland buffers adjacent to wetlands or other state waters when used in conjunction with creation or restoration of wetlands and streams, or (3) for other water quality improvement projects as deemed acceptable by the Department. Such projects developed under clause (2) shall be developed in accordance with guidelines, responsibilities, and standards established by the Department for use, operation, and maintenance consistent with 33 CFR Part 332, governing compensatory mitigation for activities authorized by U.S. Army Corps of Engineer permits. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department. The Department may charge a reasonable fee to administer the Fund.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:23.1\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 742<\/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 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 2023, chapter 206<\/a>.<\/p>","references":[{"id":64181,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","order_by":null,"url":"\/62.1-44.15_21\/"}],"refers_to":[{"id":64181,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","order_by":null,"url":"\/62.1-44.15_21\/"},{"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\/"}],"permalink":{"id":269477,"object_type":"law","relational_id":78947,"identifier":"62.1-44.15:23.1","token":"62.1\/3.1\/2.2\/62.1-44.15_23.1","url":"\/62.1-44.15_23.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_23.1\/","token":"62.1\/3.1\/2.2\/62.1-44.15_23.1","dublin_core":{"Title":"Wetland and Stream Replacement Fund established","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:23.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

There is hereby created in the state treasury a special nonreverting fund to be known as the Wetland and Stream Replacement Fund, hereafter referred to as “the Fund.” The Fund shall be established on the books of the Comptroller. All contributions to the Board<\/span> pursuant to clause (iii) of subsection B of \u00a7 62.1-44.15:21<\/a> shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. The Fund shall be administered and utilized by the Department<\/span>. The Fund may be used as an additional mechanism for compensatory mitigation for impacts to aquatic resources (i) that result from activities authorized under (a) \u00a7 404 and 401 of the Clean Water Act (33 U.S.C. \u00a7 1251 et seq.), (b) the Virginia Water Protection Permit Regulation<\/span> (9 VAC 25-210 et seq.), or (c) \u00a7 10 of the Rivers and Harbors Act (33 U.S.C. \u00a7 403); (ii) that result from unauthorized activities in waters of the United States or state waters<\/span>; and (iii) in other cases, as the appropriate regulatory agencies deem acceptable. Moneys in the Fund shall be used for the purpose of purchasing mitigation bank credits in compliance with the provisions of subsection B of \u00a7 62.1-44.15:23<\/a> as soon as practicable after moneys are collected. If the Department<\/span> determines within two years after the collection of moneys for a specific impact that credits will not be available within three years of the collection of moneys for such specific impact, then funds may be utilized either (1) to purchase credits from a Board<\/span>-approved fund that have met the success criteria, if qualifying credits are available, (2) for the planning, construction, monitoring, and preservation of wetland and stream mitigation projects and preservation, enhancement, or restoration of upland buffers adjacent to wetlands<\/span> or other state waters<\/span> when used in conjunction with creation or restoration of wetlands<\/span> and streams, or (3) for other water quality improvement projects as deemed acceptable by the Department<\/span>. Such projects developed under clause (2) shall be developed in accordance with guidelines, responsibilities, and standards<\/span> established by the Department<\/span> for use, operation, and maintenance consistent with 33 CFR Part 332, governing compensatory mitigation for activities authorized by U.S. Army Corps of Engineer permits. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director<\/span> of the Department<\/span>. The Department<\/span> may charge a reasonable fee to administer the Fund.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWETLAND AND STREAM REPLACEMENT FUND ESTABLISHED (\u00a7 62.1-44.15:23.1)\n\nThere is hereby created in the state treasury a special nonreverting fund to be\nknown as the Wetland and Stream Replacement Fund, hereafter referred to as\n“the Fund.” The Fund shall be established on the books of the\nComptroller. All contributions to the Board pursuant to clause (iii) of\nsubsection B of \u00a7 62.1-44.15:21 shall be paid into the state treasury and\ncredited to the Fund. Interest earned on moneys in the Fund shall remain in the\nFund and be credited to it. Any moneys remaining in the Fund, including interest\nthereon, at the end of each fiscal year shall not revert to the general fund but\nshall remain in the Fund. The Fund shall be administered and utilized by the\nDepartment. The Fund may be used as an additional mechanism for compensatory\nmitigation for impacts to aquatic resources (i) that result from activities\nauthorized under (a) \u00a7 404 and 401 of the Clean Water Act (33 U.S.C. \u00a7 1251 et\nseq.), (b) the Virginia Water Protection Permit Regulation (9 VAC 25-210 et\nseq.), or (c) \u00a7 10 of the Rivers and Harbors Act (33 U.S.C. \u00a7 403); (ii) that\nresult from unauthorized activities in waters of the United States or state\nwaters; and (iii) in other cases, as the appropriate regulatory agencies deem\nacceptable. Moneys in the Fund shall be used for the purpose of purchasing\nmitigation bank credits in compliance with the provisions of subsection B of \u00a7\n62.1-44.15:23 as soon as practicable after moneys are collected. If the\nDepartment determines within two years after the collection of moneys for a\nspecific impact that credits will not be available within three years of the\ncollection of moneys for such specific impact, then funds may be utilized either\n(1) to purchase credits from a Board-approved fund that have met the success\ncriteria, if qualifying credits are available, (2) for the planning,\nconstruction, monitoring, and preservation of wetland and stream mitigation\nprojects and preservation, enhancement, or restoration of upland buffers\nadjacent to wetlands or other state waters when used in conjunction with\ncreation or restoration of wetlands and streams, or (3) for other water quality\nimprovement projects as deemed acceptable by the Department. Such projects\ndeveloped under clause (2) shall be developed in accordance with guidelines,\nresponsibilities, and standards established by the Department for use,\noperation, and maintenance consistent with 33 CFR Part 332, governing\ncompensatory mitigation for activities authorized by U.S. Army Corps of Engineer\npermits. Expenditures and disbursements from the Fund shall be made by the State\nTreasurer on warrants issued by the Comptroller upon written request signed by\nthe Director of the Department. The Department may charge a reasonable fee to\nadminister the Fund.\n\nHISTORY: 2013, c. 742; 2021, Sp. Sess. I, c. 265; 2023, c. 206.","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}}