{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_5.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_5.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_5.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_5.01.html"}],"law_id":54866,"edition_id":1,"section_id":54866,"structure_id":13015,"section_number":"62.1-44.15:5.01","catch_line":"Coordinated review of water resources projects","history":"2005, c. 49; 2011, cc. 829, 842; 2020, c. 958.","full_text":"A\n\nApplications for water resources projects that require an individual Virginia Water Protection Permit and a Virginia Marine Resources permit under § 28.2-1205 shall be submitted and processed through a joint application and review process.B\n\nThe Director and the Commissioner of the Virginia Marine Resources Commission, in consultation with the Virginia Institute of Marine Science, the Department of Wildlife Resources, the Department of Historic Resources, the Department of Health, the Department of Conservation and Recreation, the Virginia Department of Agriculture and Consumer Services, and any other appropriate or interested state agency, shall coordinate the joint review process to ensure the orderly evaluation of projects requiring both permits.C\n\nThe joint review process shall include, but not be limited to, provisions to ensure that: (i) the initial application for the project shall be advertised simultaneously by the Department of Environmental Quality and the Virginia Marine Resources Commission; (ii) project reviews shall be completed by all state agencies that have been asked to review and provide comments within 45 days of project notification by the Department of Environmental Quality and the Virginia Marine Resources Commission; (iii) the Board and the Virginia Marine Resources Commission shall coordinate permit issuance and, to the extent practicable, shall take action on the permit application no later than one year after the agencies have received complete applications; (iv) to the extent practicable, the Board and the Virginia Marine Resources Commission shall take action concurrently, but no more than six months apart; and (v) upon taking its final action on each permit, the Board and the Virginia Marine Resources Commission shall provide each other with notification of their actions and any and all supporting information, including any background materials or exhibits used in the application. Any state agency asked to review and provide comments in accordance with clause (ii) shall provide such comments within 45 days of project notification by the Department of Environmental Quality and the Virginia Marine Resources Commission or be deemed to have waived its right to provide comment.D\n\nIf requested by the applicant, the Department of Environmental Quality shall convene a preapplication review panel to assist applicants for water resources projects in the early identification of issues related to the protection of beneficial instream and offstream uses of state waters. The Virginia Marine Resources Commission, the Virginia Institute of Marine Science, the Department of Wildlife Resources, the Department of Conservation and Recreation, and the Department of Environmental Quality shall participate in the preapplication review panel by providing information and guidance on the potential natural resource impacts and regulatory implications of the options being considered by the applicant. However, the participation by these agencies in such a review process shall not limit any authority they may exercise pursuant to state and federal laws or regulations.","order_by":null,"text":{"0":{"id":201287,"text":"Applications for water resources projects that require an individual Virginia Water Protection Permit and a Virginia Marine Resources permit under § 28.2-1205 shall be submitted and processed through a joint application and review process.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201288,"text":"The Director and the Commissioner of the Virginia Marine Resources Commission, in consultation with the Virginia Institute of Marine Science, the Department of Wildlife Resources, the Department of Historic Resources, the Department of Health, the Department of Conservation and Recreation, the Virginia Department of Agriculture and Consumer Services, and any other appropriate or interested state agency, shall coordinate the joint review process to ensure the orderly evaluation of projects requiring both permits.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":201289,"text":"The joint review process shall include, but not be limited to, provisions to ensure that: (i) the initial application for the project shall be advertised simultaneously by the Department of Environmental Quality and the Virginia Marine Resources Commission; (ii) project reviews shall be completed by all state agencies that have been asked to review and provide comments within 45 days of project notification by the Department of Environmental Quality and the Virginia Marine Resources Commission; (iii) the Board and the Virginia Marine Resources Commission shall coordinate permit issuance and, to the extent practicable, shall take action on the permit application no later than one year after the agencies have received complete applications; (iv) to the extent practicable, the Board and the Virginia Marine Resources Commission shall take action concurrently, but no more than six months apart; and (v) upon taking its final action on each permit, the Board and the Virginia Marine Resources Commission shall provide each other with notification of their actions and any and all supporting information, including any background materials or exhibits used in the application. Any state agency asked to review and provide comments in accordance with clause (ii) shall provide such comments within 45 days of project notification by the Department of Environmental Quality and the Virginia Marine Resources Commission or be deemed to have waived its right to provide comment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":201290,"text":"If requested by the applicant, the Department of Environmental Quality shall convene a preapplication review panel to assist applicants for water resources projects in the early identification of issues related to the protection of beneficial instream and offstream uses of state waters. The Virginia Marine Resources Commission, the Virginia Institute of Marine Science, the Department of Wildlife Resources, the Department of Conservation and Recreation, and the Department of Environmental Quality shall participate in the preapplication review panel by providing information and guidance on the potential natural resource impacts and regulatory implications of the options being considered by the applicant. However, the participation by these agencies in such a review process shall not limit any authority they may exercise pursuant to state and federal laws or regulations.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13015,"edition_id":1,"name":"Control Board Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269343,"object_type":"structure","relational_id":13015,"identifier":"2","token":"62.1\/3.1\/2","url":"\/62.1\/3.1\/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":69471,"structure_id":13015,"section_number":"62.1-44.10","catch_line":"Repealed","url":"\/62.1-44.10\/","token":"62.1\/3.1\/2\/62.1-44.10","metadata":false},{"id":63082,"structure_id":13015,"section_number":"62.1-44.11","catch_line":"Meetings","url":"\/62.1-44.11\/","token":"62.1\/3.1\/2\/62.1-44.11","metadata":false},{"id":57347,"structure_id":13015,"section_number":"62.1-44.12","catch_line":"Records of proceedings; special orders, standards, policies, rules and regulations","url":"\/62.1-44.12\/","token":"62.1\/3.1\/2\/62.1-44.12","metadata":false},{"id":55150,"structure_id":13015,"section_number":"62.1-44.13","catch_line":"Inspections and investigations, etc","url":"\/62.1-44.13\/","token":"62.1\/3.1\/2\/62.1-44.13","metadata":false},{"id":86378,"structure_id":13015,"section_number":"62.1-44.14","catch_line":"Chairman; Executive Director; employment of personnel; supervision; budget preparation","url":"\/62.1-44.14\/","token":"62.1\/3.1\/2\/62.1-44.14","metadata":false},{"id":56006,"structure_id":13015,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","url":"\/62.1-44.15\/","token":"62.1\/3.1\/2\/62.1-44.15","metadata":false},{"id":79846,"structure_id":13015,"section_number":"62.1-44.15:01","catch_line":"Further duties of Board; localities particularly affected","url":"\/62.1-44.15_01\/","token":"62.1\/3.1\/2\/62.1-44.15_01","metadata":false},{"id":61408,"structure_id":13015,"section_number":"62.1-44.15:02","catch_line":"Repealed","url":"\/62.1-44.15_02\/","token":"62.1\/3.1\/2\/62.1-44.15_02","metadata":false},{"id":70198,"structure_id":13015,"section_number":"62.1-44.15:03","catch_line":"Disposal of fill; notice to locality","url":"\/62.1-44.15_03\/","token":"62.1\/3.1\/2\/62.1-44.15_03","metadata":false},{"id":69943,"structure_id":13015,"section_number":"62.1-44.15:1","catch_line":"Limitation on power to require construction of sewerage systems or sewage or other waste treatment works; ammonia criteria","url":"\/62.1-44.15_1\/","token":"62.1\/3.1\/2\/62.1-44.15_1","metadata":false},{"id":61958,"structure_id":13015,"section_number":"62.1-44.15:1.1","catch_line":"Special orders; penalties","url":"\/62.1-44.15_1.1\/","token":"62.1\/3.1\/2\/62.1-44.15_1.1","metadata":false},{"id":54086,"structure_id":13015,"section_number":"62.1-44.15:1.2","catch_line":"Lake level contingency plans","url":"\/62.1-44.15_1.2\/","token":"62.1\/3.1\/2\/62.1-44.15_1.2","metadata":false},{"id":75644,"structure_id":13015,"section_number":"62.1-44.15:2","catch_line":"Extraordinary hardship program","url":"\/62.1-44.15_2\/","token":"62.1\/3.1\/2\/62.1-44.15_2","metadata":false},{"id":69161,"structure_id":13015,"section_number":"62.1-44.15:3","catch_line":"When application for permit considered complete","url":"\/62.1-44.15_3\/","token":"62.1\/3.1\/2\/62.1-44.15_3","metadata":false},{"id":81958,"structure_id":13015,"section_number":"62.1-44.15:4","catch_line":"Notification of local governments and property owners","url":"\/62.1-44.15_4\/","token":"62.1\/3.1\/2\/62.1-44.15_4","metadata":false},{"id":60658,"structure_id":13015,"section_number":"62.1-44.15:4.1","catch_line":"Listing and notice of confirmed oil releases and discharges","url":"\/62.1-44.15_4.1\/","token":"62.1\/3.1\/2\/62.1-44.15_4.1","metadata":false},{"id":60324,"structure_id":13015,"section_number":"62.1-44.15:5","catch_line":"Repealed","url":"\/62.1-44.15_5\/","token":"62.1\/3.1\/2\/62.1-44.15_5","metadata":false},{"id":54866,"structure_id":13015,"section_number":"62.1-44.15:5.01","catch_line":"Coordinated review of water resources projects","url":"\/62.1-44.15_5.01\/","token":"62.1\/3.1\/2\/62.1-44.15_5.01","metadata":false},{"id":85683,"structure_id":13015,"section_number":"62.1-44.15:5.02","catch_line":"Low-flow protections in Potomac River","url":"\/62.1-44.15_5.02\/","token":"62.1\/3.1\/2\/62.1-44.15_5.02","metadata":false},{"id":55185,"structure_id":13015,"section_number":"62.1-44.15:5.1","catch_line":"General permit for certain water quality improvement activities","url":"\/62.1-44.15_5.1\/","token":"62.1\/3.1\/2\/62.1-44.15_5.1","metadata":false},{"id":58730,"structure_id":13015,"section_number":"62.1-44.15:5.2","catch_line":"General permits for ready-mix concrete plant discharges","url":"\/62.1-44.15_5.2\/","token":"62.1\/3.1\/2\/62.1-44.15_5.2","metadata":false},{"id":62866,"structure_id":13015,"section_number":"62.1-44.15:5.3","catch_line":"Requirements to test for PFAS chemicals; publicly owned treatment works","url":"\/62.1-44.15_5.3\/","token":"62.1\/3.1\/2\/62.1-44.15_5.3","metadata":false},{"id":61087,"structure_id":13015,"section_number":"62.1-44.7","catch_line":"Board continued","url":"\/62.1-44.7\/","token":"62.1\/3.1\/2\/62.1-44.7","metadata":false},{"id":59377,"structure_id":13015,"section_number":"62.1-44.8","catch_line":"Number, appointment and terms of members","url":"\/62.1-44.8\/","token":"62.1\/3.1\/2\/62.1-44.8","metadata":false},{"id":65218,"structure_id":13015,"section_number":"62.1-44.9","catch_line":"Qualifications of members","url":"\/62.1-44.9\/","token":"62.1\/3.1\/2\/62.1-44.9","metadata":false}],"previous_section":{"id":60324,"structure_id":13015,"section_number":"62.1-44.15:5","catch_line":"Repealed","url":"\/62.1-44.15_5\/","token":"62.1\/3.1\/2\/62.1-44.15_5","metadata":false},"next_section":{"id":85683,"structure_id":13015,"section_number":"62.1-44.15:5.02","catch_line":"Low-flow protections in Potomac River","url":"\/62.1-44.15_5.02\/","token":"62.1\/3.1\/2\/62.1-44.15_5.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:5.01\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 49<\/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 2 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 2011, chapters 829<\/a> and 842<\/a>; in 2020, chapter 958<\/a>.<\/p>","references":false,"refers_to":[{"id":77192,"section_number":"28.2-1205","catch_line":"Permits for the use of state-owned bottomlands","order_by":null,"url":"\/28.2-1205\/"}],"permalink":{"id":269413,"object_type":"law","relational_id":54866,"identifier":"62.1-44.15:5.01","token":"62.1\/3.1\/2\/62.1-44.15_5.01","url":"\/62.1-44.15_5.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_5.01\/","token":"62.1\/3.1\/2\/62.1-44.15_5.01","dublin_core":{"Title":"Coordinated review of water resources projects","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:5.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Applications for water resources projects that require an individual Virginia Water Protection Permit and a Virginia Marine Resources permit under § 28.2-1205<\/a> shall be submitted and processed through a joint application and review process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> and the Commissioner of the Virginia Marine Resources Commission, in consultation with the Virginia Institute of Marine Science, the Department<\/span> of Wildlife Resources, the Department<\/span> of Historic Resources, the Department<\/span> of Health, the Department<\/span> of Conservation and Recreation, the Virginia Department<\/span> of Agriculture and Consumer Services, and any other appropriate or interested state agency, shall coordinate the joint review process to ensure the orderly evaluation of projects requiring both permits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The joint review process shall include, but not be limited to, provisions to ensure that: (i) the initial application for the project shall be advertised simultaneously by the Department<\/span> of Environmental Quality and the Virginia Marine Resources Commission; (ii) project reviews shall be completed by all state agencies that have been asked to review and provide comments within 45 days of project notification by the Department<\/span> of Environmental Quality and the Virginia Marine Resources Commission; (iii) the Board<\/span> and the Virginia Marine Resources Commission shall coordinate permit issuance and, to the extent practicable, shall take action on the permit application no later than one year after the agencies have received complete applications; (iv) to the extent practicable, the Board<\/span> and the Virginia Marine Resources Commission shall take action concurrently, but no more than six months apart; and (v) upon taking its final action on each permit, the Board<\/span> and the Virginia Marine Resources Commission shall provide each other with notification of their actions and any and all supporting information, including any background materials<\/span> or exhibits used in the application. Any state agency asked to review and provide comments in accordance with clause (ii) shall provide such comments within 45 days of project notification by the Department<\/span> of Environmental Quality and the Virginia Marine Resources Commission or be deemed to have waived its right to provide comment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If requested by the applicant, the Department<\/span> of Environmental Quality shall convene a preapplication review panel<\/span> to assist applicants for water resources projects in the early identification of issues<\/span> related to the protection of beneficial instream and offstream uses of state waters<\/span>. The Virginia Marine Resources Commission, the Virginia Institute of Marine Science, the Department<\/span> of Wildlife Resources, the Department<\/span> of Conservation and Recreation, and the Department<\/span> of Environmental Quality shall participate in the preapplication review panel<\/span> by providing information and guidance on the potential natural resource impacts and regulatory implications of the options being considered by the applicant. However, the participation by these agencies in such a review process shall not limit any authority they may exercise pursuant to state and federal laws<\/span> or regulations<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOORDINATED REVIEW OF WATER RESOURCES PROJECTS (\u00a7 62.1-44.15:5.01)\n\nA. Applications for water resources projects that require an individual Virginia\nWater Protection Permit and a Virginia Marine Resources permit under §\n28.2-1205 shall be submitted and processed through a joint application and\nreview process.\n\nB. The Director and the Commissioner of the Virginia Marine Resources\nCommission, in consultation with the Virginia Institute of Marine Science, the\nDepartment of Wildlife Resources, the Department of Historic Resources, the\nDepartment of Health, the Department of Conservation and Recreation, the\nVirginia Department of Agriculture and Consumer Services, and any other\nappropriate or interested state agency, shall coordinate the joint review\nprocess to ensure the orderly evaluation of projects requiring both permits.\n\nC. The joint review process shall include, but not be limited to, provisions to\nensure that: (i) the initial application for the project shall be advertised\nsimultaneously by the Department of Environmental Quality and the Virginia\nMarine Resources Commission; (ii) project reviews shall be completed by all\nstate agencies that have been asked to review and provide comments within 45\ndays of project notification by the Department of Environmental Quality and the\nVirginia Marine Resources Commission; (iii) the Board and the Virginia Marine\nResources Commission shall coordinate permit issuance and, to the extent\npracticable, shall take action on the permit application no later than one year\nafter the agencies have received complete applications; (iv) to the extent\npracticable, the Board and the Virginia Marine Resources Commission shall take\naction concurrently, but no more than six months apart; and (v) upon taking its\nfinal action on each permit, the Board and the Virginia Marine Resources\nCommission shall provide each other with notification of their actions and any\nand all supporting information, including any background materials or exhibits\nused in the application. Any state agency asked to review and provide comments\nin accordance with clause (ii) shall provide such comments within 45 days of\nproject notification by the Department of Environmental Quality and the Virginia\nMarine Resources Commission or be deemed to have waived its right to provide\ncomment.\n\nD. If requested by the applicant, the Department of Environmental Quality shall\nconvene a preapplication review panel to assist applicants for water resources\nprojects in the early identification of issues related to the protection of\nbeneficial instream and offstream uses of state waters. The Virginia Marine\nResources Commission, the Virginia Institute of Marine Science, the Department\nof Wildlife Resources, the Department of Conservation and Recreation, and the\nDepartment of Environmental Quality shall participate in the preapplication\nreview panel by providing information and guidance on the potential natural\nresource impacts and regulatory implications of the options being considered by\nthe applicant. However, the participation by these agencies in such a review\nprocess shall not limit any authority they may exercise pursuant to state and\nfederal laws or regulations.\n\nHISTORY: 2005, c. 49; 2011, cc. 829, 842; 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}}