{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_6.html"}],"law_id":68522,"edition_id":1,"section_id":68522,"structure_id":16437,"section_number":"62.1-44.15:6","catch_line":"Permit fee regulations","history":"1992, cc. 621, 657; 1993, cc. 749, 756; 1995, c. 107; 1997, cc. 115, 154; 2002, c. 822; 2004, cc. 249, 324; 2011, cc. 87, 149; 2018, c. 424; 2020, c. 958.","full_text":"A\n\nThe Board shall promulgate regulations establishing a fee assessment and collection system to recover a portion of the State Water Control Board’s, the Department of Wildlife Resources’ and the Department of Conservation and Recreation’s direct and indirect costs associated with the processing of an application to issue, reissue, amend or modify any permit or certificate, which the Board has authority to issue under this chapter and Chapters 24 (§ 62.1-242 et seq.) and 25 (§ 62.1-254 et seq.) of this title, from the applicant for such permit or certificate for the purpose of more efficiently and expeditiously processing permits. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts. The Board shall have no authority to charge such fees where the authority to issue such permits has been delegated to another agency that imposes permit fees.B1\n\nPermit fees charged an applicant for a Virginia Pollutant Discharge Elimination System permit or a Virginia Pollution Abatement permit shall reflect the average time and complexity of processing a permit in each of the various categories of permits and permit actions. However, notwithstanding any other provision of law, in no instance shall the Board charge a fee for a permit pertaining to a farming operation engaged in production for market or for a permit pertaining to maintenance dredging for federal navigation channels or other Corps of Engineers- or Department of the Navy-sponsored dredging projects or for the regularly scheduled renewal of an individual permit for an existing facility. Fees shall be charged for a major modification or reissuance of a permit initiated by the permittee that occurs between permit issuance and the stated expiration date. No fees shall be charged for a modification or amendment made at the Board’s initiative. In no instance shall the Board exceed the following amounts for the processing of each type of permit\/certificate category:\n\t\t\tType of Permit\/Certificate Category\n\t\t\tMaximum Amount1\n\nVirginia Pollutant Discharge Elimination System\n\t\t\t\tMajor Industrial\n\t\t\t\t$24,000\n\t\t\t\tMajor Municipal\n\t\t\t\t$21,300\n\t\t\t\tMinor Industrial with nonstandard limits\n\t\t\t\t$10,300\n\t\t\t\tMinor Industrial with standard limits\n\t\t\t\t$6,600\n\t\t\t\tMinor Municipal greater than 100,000 gallons per day\n\t\t\t\t$7,500\n\t\t\t\tMinor Municipal 10,001-100,000 gallons per day\n\t\t\t\t$6,000\n\t\t\t\tMinor Municipal 1,000-10,000 gallons per day\n\t\t\t\t$5,400\n\t\t\t\tMinor Municipal less than 1,000 gallons per day\n\t\t\t\t$2,000\n\t\t\t\tGeneral-industrial stormwater management\n\t\t\t\t$500\n\t\t\t\tGeneral-stormwater management-phase I land clearing\n\t\t\t\t$500\n\t\t\t\tGeneral-stormwater management-phase II land clearing\n\t\t\t\t$300\n\t\t\t\tGeneral-other\n\t\t\t\t$6002\n\nVirginia Pollution Abatement\n\t\t\t\tIndustrial\/Wastewater 10 or more inches per year\n\t\t\t\t$15,000\n\t\t\t\tIndustrial\/Wastewater less than 10 inches per year\n\t\t\t\t$10,500\n\t\t\t\tIndustrial\/Sludge\n\t\t\t\t$7,500\n\t\t\t\tMunicipal\/Wastewater\n\t\t\t\t$13,500\n\t\t\t\tMunicipal\/Sludge\n\t\t\t\t$7,500\n\t\t\t\tGeneral Permit\n\t\t\t\t$600\n\t\t\t\tOther\n\t\t\t\t$750\n\t\t\t\tThe fee for the major modification of a permit or certificate that occurs between the permit issuance and expiration dates shall be 50 percent of the maximum amount established by this subsection. No fees shall be charged for minor modifications or minor amendments to such permits. For the purpose of this subdivision, “minor modifications” or “minor amendments” means specific types of changes defined by the Board that are made to keep the permit current with routine changes to the facility or its operation that do not require extensive review. A minor permit modification or amendment does not substantially alter permit conditions, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.B2\n\nEach permitted facility shall pay a permit maintenance fee to the Board by October 1 of each year, not to exceed the following amounts:\n\t\t\tType of Permit\/Certificate Category\n\t\t\tMaximum Amount1\n\nVirginia Pollutant Discharge Elimination System\n\t\t\t\tMajor Industrial\n\t\t\t\t$4,800\n\t\t\t\tMajor Municipal greater than 10 million gallons per day\n\t\t\t\t$4,750\n\t\t\t\tMajor Municipal 2-10 million gallons per day\n\t\t\t\t$4,350\n\t\t\t\tMajor Municipal less than 2 million gallons per day\n\t\t\t\t$3,850\n\t\t\t\tMinor Industrial with nonstandard limits\n\t\t\t\t$2,040\n\t\t\t\tMinor Industrial with standard limits\n\t\t\t\t$1,320\n\t\t\t\tMinor Industrial water treatment system\n\t\t\t\t$1,200\n\t\t\t\tMinor Municipal greater than 100,000 gallons per day\n\t\t\t\t$1,500\n\t\t\t\tMinor Municipal 10,001-100,000 gallons per day\n\t\t\t\t$1,200\n\t\t\t\tMinor Municipal 1,000-10,000 gallons per day\n\t\t\t\t$1,080\n\t\t\t\tMinor Municipal less than 1,000 gallons per day\n\t\t\t\t$4002\n\nVirginia Pollution Abatement\n\t\t\t\tIndustrial\/Wastewater 10 or more inches per year\n\t\t\t\t$3,000\n\t\t\t\tIndustrial\/Wastewater less than 10 inches per year\n\t\t\t\t$2,100\n\t\t\t\tIndustrial\/Sludge\n\t\t\t\t$3,000\n\t\t\t\tMunicipal\/Wastewater\n\t\t\t\t$2,700\n\t\t\t\tMunicipal\/Sludge\n\t\t\t\t$1,500\n\t\t\t\tAn additional permit maintenance fee of $1,000 shall be collected from facilities in a toxics management program and an additional permit maintenance fee shall be collected from facilities that have more than five process wastewater discharge outfalls. Permit maintenance fees shall be collected annually and shall be remitted by October 1 of each year. For a local government or public service authority with permits for multiple facilities in a single jurisdiction, the permit maintenance fees for permits held as of April 1, 2004, shall not exceed $20,000 per year. No permit maintenance fee shall be assessed for facilities operating under a general permit or for permits pertaining to a farming operation engaged in production for market.B3\n\nPermit application fees charged for Virginia Water Protection Permits, ground water withdrawal permits, and surface water withdrawal permits shall reflect the average time and complexity of processing a permit in each of the various categories of permits and permit actions and the size of the proposed impact. Only one permit fee shall be assessed for a water protection permit involving elements of more than one category of permit fees under this section. The fee shall be assessed based upon the primary purpose of the proposed activity. In no instance shall the Board charge a fee for a permit pertaining to maintenance dredging for federal navigation channels or other U.S. Army Corps of Engineers- or Department of the Navy-sponsored dredging projects, and in no instance shall the Board exceed the following amounts for the processing of each type of permit\/certificate category:\n\t\t\tMaximum Amount\n\t\t\t$2,400 plus $220 per 1\/10 acre of impact over two acres, not to exceed $60,000\n\t\t\t$25,000\n\t\t\t$35,000\n\t\t\t$7,500\n\t\t\t$0\n\t\t\t$600\n\t\t\t$1,200\n\t\t\t$120 per 1\/10 acre of impact\n\t\t\t$9,000\n\t\t\t$12,000\n\t\t\tNo fees shall be charged for minor modifications or minor amendments to such permits. For the purpose of this subdivision, “minor modifications” or “minor amendments” means specific types of changes defined by the Board that are made to keep the permit current with routine changes to the facility or its operation that do not require extensive review. A minor permit modification or amendment does not substantially alter permit conditions, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.C\n\nWhen promulgating regulations establishing permit fees, the Board shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industries in the Commonwealth at a competitive disadvantage.D\n\nBeginning January 1, 1998, and January 1 of every even-numbered year thereafter, the Board shall make a report on the implementation of the water permit program to the Senate Committee on Agriculture, Conservation and Natural Resources, the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, the House Committee on Agriculture, Chesapeake and Natural Resources and the House Committee on Finance. The report shall include the following: (i) the total costs, both direct and indirect, including the costs of overhead, water quality planning, water quality assessment, operations coordination, and surface water and ground water investigations, (ii) the total fees collected by permit category, (iii) the amount of general funds allocated to the Board, (iv) the amount of federal funds received, (v) the Board’s use of the fees, the general funds, and the federal funds, (vi) the number of permit applications received by category, (vii) the number of permits issued by category, (viii) the progress in eliminating permit backlogs, (ix) the timeliness of permit processing, and (x) the direct and indirect costs to neighboring states of administering their water permit programs, including what activities each state categorizes as direct and indirect costs, and the fees charged to the permit holders and applicants.E\n\nFees collected pursuant to this section shall not supplant or reduce in any way the general fund appropriation to the Board.F\n\nPermit fee schedules shall apply to permit programs in existence on July 1, 1992, any additional permits that may be required by the federal government and administered by the Board, or any new permit required pursuant to any law of the Commonwealth.G\n\nThe Board is authorized to promulgate regulations establishing a schedule of reduced permit fees for facilities that have established a record of compliance with the terms and requirements of their permits and shall establish criteria by regulation to provide for reductions in the annual fee amount assessed for facilities accepted into the Department’s programs to recognize excellent environmental performance.","order_by":null,"text":{"0":{"id":248055,"text":"The Board shall promulgate regulations establishing a fee assessment and collection system to recover a portion of the State Water Control Board’s, the Department of Wildlife Resources’ and the Department of Conservation and Recreation’s direct and indirect costs associated with the processing of an application to issue, reissue, amend or modify any permit or certificate, which the Board has authority to issue under this chapter and Chapters 24 (§ 62.1-242 et seq.) and 25 (§ 62.1-254 et seq.) of this title, from the applicant for such permit or certificate for the purpose of more efficiently and expeditiously processing permits. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts. The Board shall have no authority to charge such fees where the authority to issue such permits has been delegated to another agency that imposes permit fees.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B1"},"1":{"id":248056,"text":"Permit fees charged an applicant for a Virginia Pollutant Discharge Elimination System permit or a Virginia Pollution Abatement permit shall reflect the average time and complexity of processing a permit in each of the various categories of permits and permit actions. However, notwithstanding any other provision of law, in no instance shall the Board charge a fee for a permit pertaining to a farming operation engaged in production for market or for a permit pertaining to maintenance dredging for federal navigation channels or other Corps of Engineers- or Department of the Navy-sponsored dredging projects or for the regularly scheduled renewal of an individual permit for an existing facility. Fees shall be charged for a major modification or reissuance of a permit initiated by the permittee that occurs between permit issuance and the stated expiration date. No fees shall be charged for a modification or amendment made at the Board’s initiative. In no instance shall the Board exceed the following amounts for the processing of each type of permit\/certificate category:\n\t\t\tType of Permit\/Certificate Category\n\t\t\tMaximum Amount","type":"section","prefixes":["B1"],"prefix":"B1","entire_prefix":"B1","prefix_anchor":"B1","level":1,"prior_prefix":"A","next_prefix":"B11"},"2":{"id":248057,"text":"Virginia Pollutant Discharge Elimination System\n\t\t\t\tMajor Industrial\n\t\t\t\t$24,000\n\t\t\t\tMajor Municipal\n\t\t\t\t$21,300\n\t\t\t\tMinor Industrial with nonstandard limits\n\t\t\t\t$10,300\n\t\t\t\tMinor Industrial with standard limits\n\t\t\t\t$6,600\n\t\t\t\tMinor Municipal greater than 100,000 gallons per day\n\t\t\t\t$7,500\n\t\t\t\tMinor Municipal 10,001-100,000 gallons per day\n\t\t\t\t$6,000\n\t\t\t\tMinor Municipal 1,000-10,000 gallons per day\n\t\t\t\t$5,400\n\t\t\t\tMinor Municipal less than 1,000 gallons per day\n\t\t\t\t$2,000\n\t\t\t\tGeneral-industrial stormwater management\n\t\t\t\t$500\n\t\t\t\tGeneral-stormwater management-phase I land clearing\n\t\t\t\t$500\n\t\t\t\tGeneral-stormwater management-phase II land clearing\n\t\t\t\t$300\n\t\t\t\tGeneral-other\n\t\t\t\t$600","type":"section","prefixes":["B1","1"],"prefix":"1","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B1","next_prefix":"B12"},"3":{"id":248058,"text":"Virginia Pollution Abatement\n\t\t\t\tIndustrial\/Wastewater 10 or more inches per year\n\t\t\t\t$15,000\n\t\t\t\tIndustrial\/Wastewater less than 10 inches per year\n\t\t\t\t$10,500\n\t\t\t\tIndustrial\/Sludge\n\t\t\t\t$7,500\n\t\t\t\tMunicipal\/Wastewater\n\t\t\t\t$13,500\n\t\t\t\tMunicipal\/Sludge\n\t\t\t\t$7,500\n\t\t\t\tGeneral Permit\n\t\t\t\t$600\n\t\t\t\tOther\n\t\t\t\t$750\n\t\t\t\tThe fee for the major modification of a permit or certificate that occurs between the permit issuance and expiration dates shall be 50 percent of the maximum amount established by this subsection. No fees shall be charged for minor modifications or minor amendments to such permits. For the purpose of this subdivision, “minor modifications” or “minor amendments” means specific types of changes defined by the Board that are made to keep the permit current with routine changes to the facility or its operation that do not require extensive review. A minor permit modification or amendment does not substantially alter permit conditions, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.","type":"section","prefixes":["B1","2"],"prefix":"2","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B2"},"4":{"id":248059,"text":"Each permitted facility shall pay a permit maintenance fee to the Board by October 1 of each year, not to exceed the following amounts:\n\t\t\tType of Permit\/Certificate Category\n\t\t\tMaximum Amount","type":"section","prefixes":["B2"],"prefix":"B2","entire_prefix":"B2","prefix_anchor":"B2","level":1,"prior_prefix":"B12","next_prefix":"B21"},"5":{"id":248060,"text":"Virginia Pollutant Discharge Elimination System\n\t\t\t\tMajor Industrial\n\t\t\t\t$4,800\n\t\t\t\tMajor Municipal greater than 10 million gallons per day\n\t\t\t\t$4,750\n\t\t\t\tMajor Municipal 2-10 million gallons per day\n\t\t\t\t$4,350\n\t\t\t\tMajor Municipal less than 2 million gallons per day\n\t\t\t\t$3,850\n\t\t\t\tMinor Industrial with nonstandard limits\n\t\t\t\t$2,040\n\t\t\t\tMinor Industrial with standard limits\n\t\t\t\t$1,320\n\t\t\t\tMinor Industrial water treatment system\n\t\t\t\t$1,200\n\t\t\t\tMinor Municipal greater than 100,000 gallons per day\n\t\t\t\t$1,500\n\t\t\t\tMinor Municipal 10,001-100,000 gallons per day\n\t\t\t\t$1,200\n\t\t\t\tMinor Municipal 1,000-10,000 gallons per day\n\t\t\t\t$1,080\n\t\t\t\tMinor Municipal less than 1,000 gallons per day\n\t\t\t\t$400","type":"section","prefixes":["B2","1"],"prefix":"1","entire_prefix":"B21","prefix_anchor":"B21","level":2,"prior_prefix":"B2","next_prefix":"B22"},"6":{"id":248061,"text":"Virginia Pollution Abatement\n\t\t\t\tIndustrial\/Wastewater 10 or more inches per year\n\t\t\t\t$3,000\n\t\t\t\tIndustrial\/Wastewater less than 10 inches per year\n\t\t\t\t$2,100\n\t\t\t\tIndustrial\/Sludge\n\t\t\t\t$3,000\n\t\t\t\tMunicipal\/Wastewater\n\t\t\t\t$2,700\n\t\t\t\tMunicipal\/Sludge\n\t\t\t\t$1,500\n\t\t\t\tAn additional permit maintenance fee of $1,000 shall be collected from facilities in a toxics management program and an additional permit maintenance fee shall be collected from facilities that have more than five process wastewater discharge outfalls. Permit maintenance fees shall be collected annually and shall be remitted by October 1 of each year. For a local government or public service authority with permits for multiple facilities in a single jurisdiction, the permit maintenance fees for permits held as of April 1, 2004, shall not exceed $20,000 per year. No permit maintenance fee shall be assessed for facilities operating under a general permit or for permits pertaining to a farming operation engaged in production for market.","type":"section","prefixes":["B2","2"],"prefix":"2","entire_prefix":"B22","prefix_anchor":"B22","level":2,"prior_prefix":"B21","next_prefix":"B3"},"7":{"id":248062,"text":"Permit application fees charged for Virginia Water Protection Permits, ground water withdrawal permits, and surface water withdrawal permits shall reflect the average time and complexity of processing a permit in each of the various categories of permits and permit actions and the size of the proposed impact. Only one permit fee shall be assessed for a water protection permit involving elements of more than one category of permit fees under this section. The fee shall be assessed based upon the primary purpose of the proposed activity. In no instance shall the Board charge a fee for a permit pertaining to maintenance dredging for federal navigation channels or other U.S. Army Corps of Engineers- or Department of the Navy-sponsored dredging projects, and in no instance shall the Board exceed the following amounts for the processing of each type of permit\/certificate category:\n\t\t\tMaximum Amount\n\t\t\t$2,400 plus $220 per 1\/10 acre of impact over two acres, not to exceed $60,000\n\t\t\t$25,000\n\t\t\t$35,000\n\t\t\t$7,500\n\t\t\t$0\n\t\t\t$600\n\t\t\t$1,200\n\t\t\t$120 per 1\/10 acre of impact\n\t\t\t$9,000\n\t\t\t$12,000\n\t\t\tNo fees shall be charged for minor modifications or minor amendments to such permits. For the purpose of this subdivision, “minor modifications” or “minor amendments” means specific types of changes defined by the Board that are made to keep the permit current with routine changes to the facility or its operation that do not require extensive review. A minor permit modification or amendment does not substantially alter permit conditions, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.","type":"section","prefixes":["B3"],"prefix":"B3","entire_prefix":"B3","prefix_anchor":"B3","level":1,"prior_prefix":"B22","next_prefix":"C"},"8":{"id":248063,"text":"When promulgating regulations establishing permit fees, the Board shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industries in the Commonwealth at a competitive disadvantage.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"9":{"id":248064,"text":"Beginning January 1, 1998, and January 1 of every even-numbered year thereafter, the Board shall make a report on the implementation of the water permit program to the Senate Committee on Agriculture, Conservation and Natural Resources, the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, the House Committee on Agriculture, Chesapeake and Natural Resources and the House Committee on Finance. The report shall include the following: (i) the total costs, both direct and indirect, including the costs of overhead, water quality planning, water quality assessment, operations coordination, and surface water and ground water investigations, (ii) the total fees collected by permit category, (iii) the amount of general funds allocated to the Board, (iv) the amount of federal funds received, (v) the Board’s use of the fees, the general funds, and the federal funds, (vi) the number of permit applications received by category, (vii) the number of permits issued by category, (viii) the progress in eliminating permit backlogs, (ix) the timeliness of permit processing, and (x) the direct and indirect costs to neighboring states of administering their water permit programs, including what activities each state categorizes as direct and indirect costs, and the fees charged to the permit holders and applicants.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":248065,"text":"Fees collected pursuant to this section shall not supplant or reduce in any way the general fund appropriation to the Board.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":248066,"text":"Permit fee schedules shall apply to permit programs in existence on July 1, 1992, any additional permits that may be required by the federal government and administered by the Board, or any new permit required pursuant to any law of the Commonwealth.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":248067,"text":"The Board is authorized to promulgate regulations establishing a schedule of reduced permit fees for facilities that have established a record of compliance with the terms and requirements of their permits and shall establish criteria by regulation to provide for reductions in the annual fee amount assessed for facilities accepted into the Department’s programs to recognize excellent environmental performance.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":16437,"edition_id":1,"name":"Permit Fees","identifier":"2.1","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 04:17:58","date_modified":"2026-06-26 04:17:58","permalink":{"id":269445,"object_type":"structure","relational_id":16437,"identifier":"2.1","token":"62.1\/3.1\/2.1","url":"\/62.1\/3.1\/2.1\/","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":68522,"structure_id":16437,"section_number":"62.1-44.15:6","catch_line":"Permit fee regulations","url":"\/62.1-44.15_6\/","token":"62.1\/3.1\/2.1\/62.1-44.15_6","metadata":false},{"id":72071,"structure_id":16437,"section_number":"62.1-44.15:7","catch_line":"Permit Program Fund established; use of moneys","url":"\/62.1-44.15_7\/","token":"62.1\/3.1\/2.1\/62.1-44.15_7","metadata":false},{"id":82187,"structure_id":16437,"section_number":"62.1-44.15:8","catch_line":"Conformance with federal requirements","url":"\/62.1-44.15_8\/","token":"62.1\/3.1\/2.1\/62.1-44.15_8","metadata":false}],"next_section":{"id":72071,"structure_id":16437,"section_number":"62.1-44.15:7","catch_line":"Permit Program Fund established; use of moneys","url":"\/62.1-44.15_7\/","token":"62.1\/3.1\/2.1\/62.1-44.15_7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:6\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapters 621 and 657 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1993, chapters 749 and 756; in 1995, chapter 107<\/a>; in 1997, chapters 115<\/a> and 154<\/a>; in 2002, chapter 822<\/a>; in 2004, chapters 249<\/a> and 324<\/a>; in 2011, chapters 87<\/a> and 149<\/a>; in 2018, chapter 424<\/a>; in 2020, chapter 958<\/a>.<\/p>","references":[{"id":83890,"section_number":"10.1-1183.1","catch_line":"Department of Environmental Quality consolidated annual report","order_by":null,"url":"\/10.1-1183.1\/"},{"id":64181,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","order_by":null,"url":"\/62.1-44.15_21\/"},{"id":72071,"section_number":"62.1-44.15:7","catch_line":"Permit Program Fund established; use of moneys","order_by":null,"url":"\/62.1-44.15_7\/"}],"refers_to":[{"id":82494,"section_number":"62.1-242","catch_line":"Definitions","order_by":null,"url":"\/62.1-242\/"},{"id":66154,"section_number":"62.1-254","catch_line":"Findings and purpose","order_by":null,"url":"\/62.1-254\/"}],"permalink":{"id":269447,"object_type":"law","relational_id":68522,"identifier":"62.1-44.15:6","token":"62.1\/3.1\/2.1\/62.1-44.15_6","url":"\/62.1-44.15_6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_6\/","token":"62.1\/3.1\/2.1\/62.1-44.15_6","dublin_core":{"Title":"Permit fee regulations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall promulgate regulations<\/span> establishing a fee assessment and collection system to recover a portion of the State Water Control Board<\/span>’s, the Department<\/span> of Wildlife Resources’ and the Department<\/span> of Conservation and Recreation’s direct and indirect costs associated with the processing of an application to issue<\/span>, reissue, amend<\/span> or modify any permit or certificate<\/span>, which the Board<\/span> has authority to issue<\/span> under this chapter and Chapters 24 (§ 62.1-242<\/a> et seq.) and 25 (§ 62.1-254<\/a> et seq.) of this title, from the applicant for such permit or certificate<\/span> for the purpose of more efficiently and expeditiously processing permits. The fees shall be exempt from statewide indirect costs charged and collected by the Department<\/span> of Accounts. The Board<\/span> shall have no authority to charge such fees where the authority to issue<\/span> such permits has been delegated to another agency that imposes permit fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B1.<\/span> Permit fees charged an applicant for a Virginia Pollutant Discharge Elimination System permit or a Virginia Pollution<\/span> Abatement permit shall reflect the average time and complexity of processing a permit in each of the various categories of permits and permit actions. However, notwithstanding any other provision of law<\/span>, in no instance shall the Board<\/span> charge a fee for a permit pertaining to a farming operation engaged in production for market or for a permit pertaining to maintenance dredging for federal navigation channels or other Corps of Engineers- or Department<\/span> of the Navy-sponsored dredging projects or for the regularly scheduled renewal of an individual permit for an existing facility. Fees shall be charged for a major modification or reissuance of a permit initiated by the permittee that occurs between permit issuance and the stated expiration date. No fees shall be charged for a modification or amendment made at the Board<\/span>’s initiative. In no instance shall the Board<\/span> exceed the following amounts for the processing of each type of permit\/certificate<\/span> category:\n\t\t\tType of Permit\/Certificate<\/span> Category\n\t\t\tMaximum Amount <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Virginia Pollutant Discharge Elimination System\n\t\t\t\tMajor Industrial\n\t\t\t\t$24,000\n\t\t\t\tMajor Municipal\n\t\t\t\t$21,300\n\t\t\t\tMinor<\/span> Industrial with nonstandard limits\n\t\t\t\t$10,300\n\t\t\t\tMinor<\/span> Industrial with standard limits\n\t\t\t\t$6,600\n\t\t\t\tMinor<\/span> Municipal greater than 100,000 gallons per day\n\t\t\t\t$7,500\n\t\t\t\tMinor<\/span> Municipal 10,001-100,000 gallons per day\n\t\t\t\t$6,000\n\t\t\t\tMinor<\/span> Municipal 1,000-10,000 gallons per day\n\t\t\t\t$5,400\n\t\t\t\tMinor<\/span> Municipal less than 1,000 gallons per day\n\t\t\t\t$2,000\n\t\t\t\tGeneral-industrial stormwater management\n\t\t\t\t$500\n\t\t\t\tGeneral-stormwater management-phase I land clearing\n\t\t\t\t$500\n\t\t\t\tGeneral-stormwater management-phase II land clearing\n\t\t\t\t$300\n\t\t\t\tGeneral-other\n\t\t\t\t$600 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Virginia Pollution<\/span> Abatement\n\t\t\t\tIndustrial\/Wastewater 10 or more inches per year\n\t\t\t\t$15,000\n\t\t\t\tIndustrial\/Wastewater less than 10 inches per year\n\t\t\t\t$10,500\n\t\t\t\tIndustrial\/Sludge\n\t\t\t\t$7,500\n\t\t\t\tMunicipal\/Wastewater\n\t\t\t\t$13,500\n\t\t\t\tMunicipal\/Sludge\n\t\t\t\t$7,500\n\t\t\t\tGeneral Permit\n\t\t\t\t$600\n\t\t\t\tOther\n\t\t\t\t$750\n\t\t\t\tThe fee for the major modification of a permit or certificate<\/span> that occurs between the permit issuance and expiration dates shall be 50 percent of the maximum amount established by this subsection. No fees shall be charged for minor modifications<\/span> or minor amendments<\/span> to such permits. For the purpose of this subdivision, “minor modifications<\/span>” or “minor amendments<\/span>” means specific types of changes defined by the Board<\/span> that are made to keep the permit current with routine changes to the facility or its operation that do not require extensive review. A minor permit modification or amendment does not substantially alter permit conditions, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B2.<\/span> Each permitted facility shall pay a permit maintenance fee to the Board<\/span> by October 1 of each year, not to exceed the following amounts:\n\t\t\tType of Permit\/Certificate<\/span> Category\n\t\t\tMaximum Amount <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Virginia Pollutant Discharge Elimination System\n\t\t\t\tMajor Industrial\n\t\t\t\t$4,800\n\t\t\t\tMajor Municipal greater than 10 million gallons per day\n\t\t\t\t$4,750\n\t\t\t\tMajor Municipal 2-10 million gallons per day\n\t\t\t\t$4,350\n\t\t\t\tMajor Municipal less than 2 million gallons per day\n\t\t\t\t$3,850\n\t\t\t\tMinor Industrial with nonstandard limits\n\t\t\t\t$2,040\n\t\t\t\tMinor Industrial with standard limits\n\t\t\t\t$1,320\n\t\t\t\tMinor Industrial water treatment system\n\t\t\t\t$1,200\n\t\t\t\tMinor Municipal greater than 100,000 gallons per day\n\t\t\t\t$1,500\n\t\t\t\tMinor Municipal 10,001-100,000 gallons per day\n\t\t\t\t$1,200\n\t\t\t\tMinor Municipal 1,000-10,000 gallons per day\n\t\t\t\t$1,080\n\t\t\t\tMinor Municipal less than 1,000 gallons per day\n\t\t\t\t$400 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Virginia Pollution<\/span> Abatement\n\t\t\t\tIndustrial\/Wastewater 10 or more inches per year\n\t\t\t\t$3,000\n\t\t\t\tIndustrial\/Wastewater less than 10 inches per year\n\t\t\t\t$2,100\n\t\t\t\tIndustrial\/Sludge\n\t\t\t\t$3,000\n\t\t\t\tMunicipal\/Wastewater\n\t\t\t\t$2,700\n\t\t\t\tMunicipal\/Sludge\n\t\t\t\t$1,500\n\t\t\t\tAn additional permit maintenance fee of $1,000 shall be collected from facilities in a toxics management program and an additional permit maintenance fee shall be collected from facilities that have more than five process wastewater discharge outfalls. Permit maintenance fees shall be collected annually and shall be remitted by October 1 of each year. For a local government or public service authority with permits for multiple facilities in a single jurisdiction<\/span>, the permit maintenance fees for permits held as of April 1, 2004, shall not exceed $20,000 per year. No permit maintenance fee shall be assessed for facilities operating under a general permit or for permits pertaining to a farming operation engaged in production for market. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B3.<\/span> Permit application fees charged for Virginia Water Protection Permits, ground water withdrawal permits, and surface water withdrawal permits shall reflect the average time and complexity of processing a permit in each of the various categories of permits and permit actions and the size of the proposed impact. Only one permit fee shall be assessed for a water protection permit involving elements of more than one category of permit fees under this section. The fee shall be assessed based upon the primary purpose of the proposed activity. In no instance shall the Board<\/span> charge a fee for a permit pertaining to maintenance dredging for federal navigation channels or other U.S. Army Corps of Engineers- or Department<\/span> of the Navy-sponsored dredging projects, and in no instance shall the Board<\/span> exceed the following amounts for the processing of each type of permit\/certificate<\/span> category:\n\t\t\tMaximum Amount\n\t\t\t$2,400 plus $220 per 1\/10 acre of impact over two acres, not to exceed $60,000\n\t\t\t$25,000\n\t\t\t$35,000\n\t\t\t$7,500\n\t\t\t$0\n\t\t\t$600\n\t\t\t$1,200\n\t\t\t$120 per 1\/10 acre of impact\n\t\t\t$9,000\n\t\t\t$12,000\n\t\t\tNo fees shall be charged for minor modifications<\/span> or minor amendments<\/span> to such permits. For the purpose of this subdivision, “minor modifications<\/span>” or “minor amendments<\/span>” means specific types of changes defined by the Board<\/span> that are made to keep the permit current with routine changes to the facility or its operation that do not require extensive review. A minor permit modification or amendment does not substantially alter permit conditions, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When promulgating regulations<\/span> establishing permit fees, the Board<\/span> shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industries in the Commonwealth at a competitive disadvantage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Beginning January 1, 1998, and January 1 of every even-numbered year thereafter, the Board<\/span> shall make a report on the implementation of the water permit program to the Senate Committee on Agriculture, Conservation and Natural Resources, the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, the House Committee on Agriculture, Chesapeake and Natural Resources and the House Committee on Finance. The report shall include the following: (i) the total costs, both direct and indirect, including the costs of overhead, water quality planning, water quality assessment, operations coordination, and surface water and ground water investigations, (ii) the total fees collected by permit category, (iii) the amount of general funds allocated to the Board<\/span>, (iv) the amount of federal funds received, (v) the Board<\/span>’s use of the fees, the general funds, and the federal funds, (vi) the number of permit applications received by category, (vii) the number of permits issued by category, (viii) the progress in eliminating permit backlogs, (ix) the timeliness of permit processing, and (x) the direct and indirect costs to neighboring states of administering their water permit programs, including what activities each state categorizes as direct and indirect costs, and the fees charged to the permit holders and applicants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Fees collected pursuant to this section shall not supplant or reduce in any way the general fund appropriation to the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Permit fee schedules<\/span> shall apply to permit programs in existence on July 1, 1992, any additional permits that may be required by the federal government and administered by the Board<\/span>, or any new permit required pursuant to any law<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Board<\/span> is authorized to promulgate regulations<\/span> establishing a schedule of reduced permit fees for facilities that have established a record of compliance with the terms and requirements of their permits and shall establish criteria by regulation<\/span> to provide for reductions in the annual fee amount assessed for facilities accepted into the Department<\/span>’s programs to recognize excellent environmental performance. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMIT FEE REGULATIONS (\u00a7 62.1-44.15:6)\n\nA. The Board shall promulgate regulations establishing a fee assessment and\ncollection system to recover a portion of the State Water Control Board’s,\nthe Department of Wildlife Resources’ and the Department of Conservation\nand Recreation’s direct and indirect costs associated with the processing\nof an application to issue, reissue, amend or modify any permit or certificate,\nwhich the Board has authority to issue under this chapter and Chapters 24\n(§ 62.1-242 et seq.) and 25 (§ 62.1-254 et seq.) of this title, from\nthe applicant for such permit or certificate for the purpose of more efficiently\nand expeditiously processing permits. The fees shall be exempt from statewide\nindirect costs charged and collected by the Department of Accounts. The Board\nshall have no authority to charge such fees where the authority to issue such\npermits has been delegated to another agency that imposes permit fees.\n\nB1. Permit fees charged an applicant for a Virginia Pollutant Discharge\nElimination System permit or a Virginia Pollution Abatement permit shall reflect\nthe average time and complexity of processing a permit in each of the various\ncategories of permits and permit actions. However, notwithstanding any other\nprovision of law, in no instance shall the Board charge a fee for a permit\npertaining to a farming operation engaged in production for market or for a\npermit pertaining to maintenance dredging for federal navigation channels or\nother Corps of Engineers- or Department of the Navy-sponsored dredging projects\nor for the regularly scheduled renewal of an individual permit for an existing\nfacility. Fees shall be charged for a major modification or reissuance of a\npermit initiated by the permittee that occurs between permit issuance and the\nstated expiration date. No fees shall be charged for a modification or amendment\nmade at the Board’s initiative. In no instance shall the Board exceed the\nfollowing amounts for the processing of each type of permit\/certificate\ncategory:\n\t\t\tType of Permit\/Certificate Category\n\t\t\tMaximum Amount\n\n 1. Virginia Pollutant Discharge Elimination System\n \t\t\t\tMajor Industrial\n \t\t\t\t$24,000\n \t\t\t\tMajor Municipal\n \t\t\t\t$21,300\n \t\t\t\tMinor Industrial with nonstandard limits\n \t\t\t\t$10,300\n \t\t\t\tMinor Industrial with standard limits\n \t\t\t\t$6,600\n \t\t\t\tMinor Municipal greater than 100,000 gallons per day\n \t\t\t\t$7,500\n \t\t\t\tMinor Municipal 10,001-100,000 gallons per day\n \t\t\t\t$6,000\n \t\t\t\tMinor Municipal 1,000-10,000 gallons per day\n \t\t\t\t$5,400\n \t\t\t\tMinor Municipal less than 1,000 gallons per day\n \t\t\t\t$2,000\n \t\t\t\tGeneral-industrial stormwater management\n \t\t\t\t$500\n \t\t\t\tGeneral-stormwater management-phase I land clearing\n \t\t\t\t$500\n \t\t\t\tGeneral-stormwater management-phase II land clearing\n \t\t\t\t$300\n \t\t\t\tGeneral-other\n \t\t\t\t$600\n\n 2. Virginia Pollution Abatement\n \t\t\t\tIndustrial\/Wastewater 10 or more inches per year\n \t\t\t\t$15,000\n \t\t\t\tIndustrial\/Wastewater less than 10 inches per year\n \t\t\t\t$10,500\n \t\t\t\tIndustrial\/Sludge\n \t\t\t\t$7,500\n \t\t\t\tMunicipal\/Wastewater\n \t\t\t\t$13,500\n \t\t\t\tMunicipal\/Sludge\n \t\t\t\t$7,500\n \t\t\t\tGeneral Permit\n \t\t\t\t$600\n \t\t\t\tOther\n \t\t\t\t$750\n \t\t\t\tThe fee for the major modification of a permit or certificate that occurs\n between the permit issuance and expiration dates shall be 50 percent of the\n maximum amount established by this subsection. No fees shall be charged for\n minor modifications or minor amendments to such permits. For the purpose of\n this subdivision, “minor modifications” or “minor\n amendments” means specific types of changes defined by the Board that\n are made to keep the permit current with routine changes to the facility or\n its operation that do not require extensive review. A minor permit\n modification or amendment does not substantially alter permit conditions,\n increase the size of the operation, or reduce the capacity of the facility to\n protect human health or the environment.\n\nB2. Each permitted facility shall pay a permit maintenance fee to the Board by\nOctober 1 of each year, not to exceed the following amounts:\n\t\t\tType of Permit\/Certificate Category\n\t\t\tMaximum Amount\n\n 1. Virginia Pollutant Discharge Elimination System\n \t\t\t\tMajor Industrial\n \t\t\t\t$4,800\n \t\t\t\tMajor Municipal greater than 10 million gallons per day\n \t\t\t\t$4,750\n \t\t\t\tMajor Municipal 2-10 million gallons per day\n \t\t\t\t$4,350\n \t\t\t\tMajor Municipal less than 2 million gallons per day\n \t\t\t\t$3,850\n \t\t\t\tMinor Industrial with nonstandard limits\n \t\t\t\t$2,040\n \t\t\t\tMinor Industrial with standard limits\n \t\t\t\t$1,320\n \t\t\t\tMinor Industrial water treatment system\n \t\t\t\t$1,200\n \t\t\t\tMinor Municipal greater than 100,000 gallons per day\n \t\t\t\t$1,500\n \t\t\t\tMinor Municipal 10,001-100,000 gallons per day\n \t\t\t\t$1,200\n \t\t\t\tMinor Municipal 1,000-10,000 gallons per day\n \t\t\t\t$1,080\n \t\t\t\tMinor Municipal less than 1,000 gallons per day\n \t\t\t\t$400\n\n 2. Virginia Pollution Abatement\n \t\t\t\tIndustrial\/Wastewater 10 or more inches per year\n \t\t\t\t$3,000\n \t\t\t\tIndustrial\/Wastewater less than 10 inches per year\n \t\t\t\t$2,100\n \t\t\t\tIndustrial\/Sludge\n \t\t\t\t$3,000\n \t\t\t\tMunicipal\/Wastewater\n \t\t\t\t$2,700\n \t\t\t\tMunicipal\/Sludge\n \t\t\t\t$1,500\n \t\t\t\tAn additional permit maintenance fee of $1,000 shall be collected from\n facilities in a toxics management program and an additional permit maintenance\n fee shall be collected from facilities that have more than five process\n wastewater discharge outfalls. Permit maintenance fees shall be collected\n annually and shall be remitted by October 1 of each year. For a local\n government or public service authority with permits for multiple facilities in\n a single jurisdiction, the permit maintenance fees for permits held as of\n April 1, 2004, shall not exceed $20,000 per year. No permit maintenance fee\n shall be assessed for facilities operating under a general permit or for\n permits pertaining to a farming operation engaged in production for market.\n\nB3. Permit application fees charged for Virginia Water Protection Permits,\nground water withdrawal permits, and surface water withdrawal permits shall\nreflect the average time and complexity of processing a permit in each of the\nvarious categories of permits and permit actions and the size of the proposed\nimpact. Only one permit fee shall be assessed for a water protection permit\ninvolving elements of more than one category of permit fees under this section.\nThe fee shall be assessed based upon the primary purpose of the proposed\nactivity. In no instance shall the Board charge a fee for a permit pertaining to\nmaintenance dredging for federal navigation channels or other U.S. Army Corps of\nEngineers- or Department of the Navy-sponsored dredging projects, and in no\ninstance shall the Board exceed the following amounts for the processing of each\ntype of permit\/certificate category:\n\t\t\tMaximum Amount\n\t\t\t$2,400 plus $220 per 1\/10 acre of impact over two acres, not to exceed\n$60,000\n\t\t\t$25,000\n\t\t\t$35,000\n\t\t\t$7,500\n\t\t\t$0\n\t\t\t$600\n\t\t\t$1,200\n\t\t\t$120 per 1\/10 acre of impact\n\t\t\t$9,000\n\t\t\t$12,000\n\t\t\tNo fees shall be charged for minor modifications or minor amendments to such\npermits. For the purpose of this subdivision, “minor modifications”\nor “minor amendments” means specific types of changes defined by the\nBoard that are made to keep the permit current with routine changes to the\nfacility or its operation that do not require extensive review. A minor permit\nmodification or amendment does not substantially alter permit conditions,\nincrease the size of the operation, or reduce the capacity of the facility to\nprotect human health or the environment.\n\nC. When promulgating regulations establishing permit fees, the Board shall take\ninto account the permit fees charged in neighboring states and the importance of\nnot placing existing or prospective industries in the Commonwealth at a\ncompetitive disadvantage.\n\nD. Beginning January 1, 1998, and January 1 of every even-numbered year\nthereafter, the Board shall make a report on the implementation of the water\npermit program to the Senate Committee on Agriculture, Conservation and Natural\nResources, the Senate Committee on Finance and Appropriations, the House\nCommittee on Appropriations, the House Committee on Agriculture, Chesapeake and\nNatural Resources and the House Committee on Finance. The report shall include\nthe following: (i) the total costs, both direct and indirect, including the\ncosts of overhead, water quality planning, water quality assessment, operations\ncoordination, and surface water and ground water investigations, (ii) the total\nfees collected by permit category, (iii) the amount of general funds allocated\nto the Board, (iv) the amount of federal funds received, (v) the Board’s\nuse of the fees, the general funds, and the federal funds, (vi) the number of\npermit applications received by category, (vii) the number of permits issued by\ncategory, (viii) the progress in eliminating permit backlogs, (ix) the\ntimeliness of permit processing, and (x) the direct and indirect costs to\nneighboring states of administering their water permit programs, including what\nactivities each state categorizes as direct and indirect costs, and the fees\ncharged to the permit holders and applicants.\n\nE. Fees collected pursuant to this section shall not supplant or reduce in any\nway the general fund appropriation to the Board.\n\nF. Permit fee schedules shall apply to permit programs in existence on July 1,\n1992, any additional permits that may be required by the federal government and\nadministered by the Board, or any new permit required pursuant to any law of the\nCommonwealth.\n\nG. The Board is authorized to promulgate regulations establishing a schedule of\nreduced permit fees for facilities that have established a record of compliance\nwith the terms and requirements of their permits and shall establish criteria by\nregulation to provide for reductions in the annual fee amount assessed for\nfacilities accepted into the Department’s programs to recognize excellent\nenvironmental performance.\n\nHISTORY: 1992, cc. 621, 657; 1993, cc. 749, 756; 1995, c. 107; 1997, cc. 115,\n154; 2002, c. 822; 2004, cc. 249, 324; 2011, cc. 87, 149; 2018, c. 424; 2020, c.\n958.","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}}