{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_80.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_80.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_80.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_80.html"}],"law_id":75328,"edition_id":1,"section_id":75328,"structure_id":16388,"section_number":"62.1-44.15:80","catch_line":"Findings and purpose","history":"2018, c. 636.","full_text":"The General Assembly determines and finds that to comply with \u00a7 401 of the federal Clean Water Act (33 U.S.C. \u00a7 1341), any applicant for a federal license or permit to conduct any activity that may result in any discharge into navigable waters shall provide the federal licensing or permitting authority with a certification from the state in which the discharge originates or will originate certifying that any such discharge will comply with applicable provisions of the Clean Water Act. The General Assembly determines and finds that the Virginia Water Protection Permit program has proven to be sufficient to evaluate and, when necessary, mitigate potential water quality impacts for most federally permitted projects. Virginia Water Protection Permit coverage addresses the impacts caused to wetlands and streams by excavating in a wetland, draining or significantly altering wetland acreage or function, filling or dumping in a stream or wetland, or permanently flooding or impounding a wetland area or stream. However, the conditions and requirements of a Virginia Water Protection Permit do not cover activities in upland areas, outside of wetlands and streams, that may result in a discharge to state waters. The General Assembly determines and finds that for construction of natural gas transmission pipelines greater than 36 inches inside diameter that are subject to a certificate of public convenience and necessity under \u00a7 7c of the federal Natural Gas Act (15 U.S.C. \u00a7 717f(c)), there may be activities in upland areas that may have the potential to affect water quality but that do not fall within the scope of the Virginia Water Protection Permit program. Information related to such impacts would not be contained in the Joint Permit Application utilized to determine permit conditions for a Virginia Water Protection Permit. The General Assembly determines and finds that issuance of a Virginia Water Protection Permit and a certification issued pursuant to this article shall together constitute the certification required under \u00a7 401 of the Clean Water Act for natural gas transmission pipelines greater than 36 inches inside diameter subject to \u00a7 7c of the Natural Gas Act.","order_by":null,"text":{"0":{"id":270422,"text":"The General Assembly determines and finds that to comply with \u00a7 401 of the federal Clean Water Act (33 U.S.C. \u00a7 1341), any applicant for a federal license or permit to conduct any activity that may result in any discharge into navigable waters shall provide the federal licensing or permitting authority with a certification from the state in which the discharge originates or will originate certifying that any such discharge will comply with applicable provisions of the Clean Water Act. The General Assembly determines and finds that the Virginia Water Protection Permit program has proven to be sufficient to evaluate and, when necessary, mitigate potential water quality impacts for most federally permitted projects. Virginia Water Protection Permit coverage addresses the impacts caused to wetlands and streams by excavating in a wetland, draining or significantly altering wetland acreage or function, filling or dumping in a stream or wetland, or permanently flooding or impounding a wetland area or stream. However, the conditions and requirements of a Virginia Water Protection Permit do not cover activities in upland areas, outside of wetlands and streams, that may result in a discharge to state waters. The General Assembly determines and finds that for construction of natural gas transmission pipelines greater than 36 inches inside diameter that are subject to a certificate of public convenience and necessity under \u00a7 7c of the federal Natural Gas Act (15 U.S.C. \u00a7 717f(c)), there may be activities in upland areas that may have the potential to affect water quality but that do not fall within the scope of the Virginia Water Protection Permit program. Information related to such impacts would not be contained in the Joint Permit Application utilized to determine permit conditions for a Virginia Water Protection Permit. The General Assembly determines and finds that issuance of a Virginia Water Protection Permit and a certification issued pursuant to this article shall together constitute the certification required under \u00a7 401 of the Clean Water Act for natural gas transmission pipelines greater than 36 inches inside diameter subject to \u00a7 7c of the Natural Gas Act.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16388,"edition_id":1,"name":"Additional Upland Conditions for Water Quality Certification","identifier":"2.6","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 04:16:10","date_modified":"2026-06-26 04:16:10","permalink":{"id":269759,"object_type":"structure","relational_id":16388,"identifier":"2.6","token":"62.1\/3.1\/2.6","url":"\/62.1\/3.1\/2.6\/","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":75328,"structure_id":16388,"section_number":"62.1-44.15:80","catch_line":"Findings and purpose","url":"\/62.1-44.15_80\/","token":"62.1\/3.1\/2.6\/62.1-44.15_80","metadata":false},{"id":81184,"structure_id":16388,"section_number":"62.1-44.15:81","catch_line":"Application and preparation of draft certification conditions","url":"\/62.1-44.15_81\/","token":"62.1\/3.1\/2.6\/62.1-44.15_81","metadata":false},{"id":77503,"structure_id":16388,"section_number":"62.1-44.15:82","catch_line":"Public notice of draft certification conditions","url":"\/62.1-44.15_82\/","token":"62.1\/3.1\/2.6\/62.1-44.15_82","metadata":false},{"id":70821,"structure_id":16388,"section_number":"62.1-44.15:83","catch_line":"Requests for public hearing, hearings, and final decisions procedures","url":"\/62.1-44.15_83\/","token":"62.1\/3.1\/2.6\/62.1-44.15_83","metadata":false},{"id":67715,"structure_id":16388,"section_number":"62.1-44.15:84","catch_line":"Requests for modification or revocation; public notice","url":"\/62.1-44.15_84\/","token":"62.1\/3.1\/2.6\/62.1-44.15_84","metadata":false}],"next_section":{"id":81184,"structure_id":16388,"section_number":"62.1-44.15:81","catch_line":"Application and preparation of draft certification conditions","url":"\/62.1-44.15_81\/","token":"62.1\/3.1\/2.6\/62.1-44.15_81","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:80\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapter 636<\/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.<\/p>","references":[{"id":82929,"section_number":"62.1-44.15:20","catch_line":"Virginia Water Protection Permit","order_by":null,"url":"\/62.1-44.15_20\/"}],"refers_to":false,"permalink":{"id":269761,"object_type":"law","relational_id":75328,"identifier":"62.1-44.15:80","token":"62.1\/3.1\/2.6\/62.1-44.15_80","url":"\/62.1-44.15_80\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_80\/","token":"62.1\/3.1\/2.6\/62.1-44.15_80","dublin_core":{"Title":"Findings and purpose","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:80","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The General Assembly determines and finds that to comply with \u00a7 401 of the federal Clean Water Act (33 U.S.C. \u00a7 1341), any applicant for a federal license or permit to conduct any activity that may result in any discharge into navigable waters shall provide the federal licensing or permitting authority with a certification from the state in which the discharge originates or will originate certifying that any such discharge will comply with applicable provisions of the Clean Water Act. The General Assembly determines and finds that the Virginia Water Protection Permit program has proven to be sufficient to evaluate and, when necessary, mitigate potential water quality impacts for most federally permitted projects. Virginia Water Protection Permit coverage addresses the impacts caused to wetlands<\/span> and streams by excavating in a wetland, draining or significantly altering wetland acreage or function, filling or dumping in a stream or wetland, or permanently flooding or impounding a wetland area or stream. However, the conditions and requirements of a Virginia Water Protection Permit do not cover activities in upland areas, outside of wetlands<\/span> and streams, that may result in a discharge to state waters<\/span>. The General Assembly determines and finds that for construction of natural gas transmission pipelines greater than 36 inches inside diameter that are subject to a certificate<\/span> of public convenience and necessity under \u00a7 7c of the federal Natural Gas Act (15 U.S.C. \u00a7 717f(c)), there may be activities in upland areas that may have the potential to affect water quality but that do not fall within the scope of the Virginia Water Protection Permit program. Information related to such impacts would not be contained in the Joint Permit Application utilized to determine permit conditions for a Virginia Water Protection Permit. The General Assembly determines and finds that issuance of a Virginia Water Protection Permit and a certification issued pursuant to this article shall together constitute the certification required under \u00a7 401 of the Clean Water Act for natural gas transmission pipelines greater than 36 inches inside diameter subject to \u00a7 7c of the Natural Gas Act.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFINDINGS AND PURPOSE (\u00a7 62.1-44.15:80)\n\nThe General Assembly determines and finds that to comply with \u00a7 401 of the\nfederal Clean Water Act (33 U.S.C. \u00a7 1341), any applicant for a federal license\nor permit to conduct any activity that may result in any discharge into\nnavigable waters shall provide the federal licensing or permitting authority\nwith a certification from the state in which the discharge originates or will\noriginate certifying that any such discharge will comply with applicable\nprovisions of the Clean Water Act. The General Assembly determines and finds\nthat the Virginia Water Protection Permit program has proven to be sufficient to\nevaluate and, when necessary, mitigate potential water quality impacts for most\nfederally permitted projects. Virginia Water Protection Permit coverage\naddresses the impacts caused to wetlands and streams by excavating in a wetland,\ndraining or significantly altering wetland acreage or function, filling or\ndumping in a stream or wetland, or permanently flooding or impounding a wetland\narea or stream. However, the conditions and requirements of a Virginia Water\nProtection Permit do not cover activities in upland areas, outside of wetlands\nand streams, that may result in a discharge to state waters. The General\nAssembly determines and finds that for construction of natural gas transmission\npipelines greater than 36 inches inside diameter that are subject to a\ncertificate of public convenience and necessity under \u00a7 7c of the federal\nNatural Gas Act (15 U.S.C. \u00a7 717f(c)), there may be activities in upland areas\nthat may have the potential to affect water quality but that do not fall within\nthe scope of the Virginia Water Protection Permit program. Information related\nto such impacts would not be contained in the Joint Permit Application utilized\nto determine permit conditions for a Virginia Water Protection Permit. The\nGeneral Assembly determines and finds that issuance of a Virginia Water\nProtection Permit and a certification issued pursuant to this article shall\ntogether constitute the certification required under \u00a7 401 of the Clean Water\nAct for natural gas transmission pipelines greater than 36 inches inside\ndiameter subject to \u00a7 7c of the Natural Gas Act.\n\nHISTORY: 2018, c. 636.","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}}