{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_81.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_81.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_81.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_81.html"}],"law_id":81184,"edition_id":1,"section_id":81184,"structure_id":16388,"section_number":"62.1-44.15:81","catch_line":"Application and preparation of draft certification conditions","history":"2018, c. 636; 2020, c. 958; 2021, Sp. Sess. I, c. 501; 2022, c. 356.","full_text":"A\n\nAny applicant for a federal license or permit for a natural gas transmission pipeline greater than 36 inches inside diameter subject to § 7c of the federal Natural Gas Act (15 U.S.C. § 717f(c)) shall submit a separate application, at the same time the Joint Permit Application is submitted, to the Department containing a description of all activities that will occur in upland areas, including activities in or related to (i) slopes with a grade greater than 15 percent; (ii) karst geology features, including sinkholes and underground springs; (iii) proximity to sensitive streams and wetlands identified by the Department of Conservation and Recreation or the Department of Wildlife Resources; (iv) seasonally high water tables; (v) water impoundment structures and reservoirs; and (vi) areas with highly erodible soils, low pH, and acid sulfate soils. Concurrently with the Joint Permit Application, the applicant shall also submit a detailed erosion and sediment control plan and stormwater management plan subject to Department review and approval.B\n\nAfter receipt of an application in accordance with subsection A, the Department shall issue a request for information about how the erosion and sediment control plan and stormwater management plan will address activities in or related to the upland areas identified in subsection A. The response to such request shall include the specific strategies and best management practices that will be utilized by the applicant to address challenges associated with each area type and an explanation of how such strategies and best management practices will ensure compliance with water quality standards.C\n\nAt any time during the review of the application, but prior to issuing a certification pursuant to this article, the Department may issue an information request to the applicant for any relevant additional information necessary to determine (i) if any activities related to the applicant’s project in upland areas are likely to result in a discharge to state waters and (ii) how the applicant proposes to minimize water quality impacts to the maximum extent practicable to protect water quality. The information request shall provide a reasonable amount of time for the applicant to respond.D\n\nThe Department shall review the information contained in the application, the response to the information request in subsection B, and any additional information obtained through any information requests issued pursuant to subsection C to determine if any activities described in the application or in any additional information requests (i) are likely to result in a discharge to state waters with the potential to adversely impact water quality and (ii) will not be addressed by the Virginia Water Protection Permit issued for the activity pursuant to Article 2.2 (§ 62.1-44.15:20 et seq.). The Department of Wildlife Resources, the Department of Conservation and Recreation, the Department of Health, and the Department of Agriculture and Consumer Services shall consult with the Department during the review of the application and any additional information obtained through any information requests issued pursuant to subsection B or C. Following the conclusion of its review, the Department shall develop a draft certification or denial. A draft certification, including (i) any additional conditions for activities in upland areas necessary to protect water quality and (ii) a condition that the applicant shall not commence land-disturbing activity prior to approval by the Department of the erosion and sediment control plan and stormwater management plan required pursuant to subsection E, shall be noticed for public comment and potential issuance by the Department. The Department shall make the information contained in the application and any additional information obtained through any information requests issued pursuant to subsection B or C available to the public.E\n\nNotwithstanding any applicable annual standards and specifications for erosion and sediment control or stormwater management pursuant to Article 2.3 (§ 62.1-44.15:24 et seq.) or 2.4 (§ 62.1-44.15:51 et seq.), the applicant shall not commence land-disturbing activity prior to resolution of any unresolved issues identified in subsection B to the satisfaction of the Department and approval by the Department of an erosion and sediment control plan and stormwater management plan in accordance with applicable regulations. The Department shall act on any plan submittal within 60 days after initial submittal of a completed plan to the Department. The Department may issue either approval or disapproval and shall provide written rationale for its decision. The Department shall act on any plan that has been previously disapproved within 30 days after the plan has been revised and resubmitted for approval.F\n\nNo action by either the Department or the Board on a certification pursuant to this article shall alter the siting determination made through Federal Energy Regulatory Commission or State Corporation Commission approval.G\n\nThe Department shall assess an administrative charge to the applicant to cover the direct costs of services rendered associated with its responsibilities pursuant to this section.H\n\nNeither the Department nor the Board shall expressly waive certification of a natural gas transmission pipeline of greater than 36 inches inside diameter under § 401 of the federal Clean Water Act (33 U.S.C. § 1341). The Department or the Board shall act on any certification request within a reasonable period of time pursuant to federal law. Nothing in this section shall be construed to prohibit the Department or the Board from taking action to deny a certification in accordance with the provisions of § 401 of the federal Clean Water Act (33 U.S.C. § 1341).","order_by":null,"text":{"0":{"id":290989,"text":"Any applicant for a federal license or permit for a natural gas transmission pipeline greater than 36 inches inside diameter subject to § 7c of the federal Natural Gas Act (15 U.S.C. § 717f(c)) shall submit a separate application, at the same time the Joint Permit Application is submitted, to the Department containing a description of all activities that will occur in upland areas, including activities in or related to (i) slopes with a grade greater than 15 percent; (ii) karst geology features, including sinkholes and underground springs; (iii) proximity to sensitive streams and wetlands identified by the Department of Conservation and Recreation or the Department of Wildlife Resources; (iv) seasonally high water tables; (v) water impoundment structures and reservoirs; and (vi) areas with highly erodible soils, low pH, and acid sulfate soils. Concurrently with the Joint Permit Application, the applicant shall also submit a detailed erosion and sediment control plan and stormwater management plan subject to Department review and approval.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":290990,"text":"After receipt of an application in accordance with subsection A, the Department shall issue a request for information about how the erosion and sediment control plan and stormwater management plan will address activities in or related to the upland areas identified in subsection A. The response to such request shall include the specific strategies and best management practices that will be utilized by the applicant to address challenges associated with each area type and an explanation of how such strategies and best management practices will ensure compliance with water quality standards.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":290991,"text":"At any time during the review of the application, but prior to issuing a certification pursuant to this article, the Department may issue an information request to the applicant for any relevant additional information necessary to determine (i) if any activities related to the applicant’s project in upland areas are likely to result in a discharge to state waters and (ii) how the applicant proposes to minimize water quality impacts to the maximum extent practicable to protect water quality. The information request shall provide a reasonable amount of time for the applicant to respond.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":290992,"text":"The Department shall review the information contained in the application, the response to the information request in subsection B, and any additional information obtained through any information requests issued pursuant to subsection C to determine if any activities described in the application or in any additional information requests (i) are likely to result in a discharge to state waters with the potential to adversely impact water quality and (ii) will not be addressed by the Virginia Water Protection Permit issued for the activity pursuant to Article 2.2 (§ 62.1-44.15:20 et seq.). The Department of Wildlife Resources, the Department of Conservation and Recreation, the Department of Health, and the Department of Agriculture and Consumer Services shall consult with the Department during the review of the application and any additional information obtained through any information requests issued pursuant to subsection B or C. Following the conclusion of its review, the Department shall develop a draft certification or denial. A draft certification, including (i) any additional conditions for activities in upland areas necessary to protect water quality and (ii) a condition that the applicant shall not commence land-disturbing activity prior to approval by the Department of the erosion and sediment control plan and stormwater management plan required pursuant to subsection E, shall be noticed for public comment and potential issuance by the Department. The Department shall make the information contained in the application and any additional information obtained through any information requests issued pursuant to subsection B or C available to the public.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":290993,"text":"Notwithstanding any applicable annual standards and specifications for erosion and sediment control or stormwater management pursuant to Article 2.3 (§ 62.1-44.15:24 et seq.) or 2.4 (§ 62.1-44.15:51 et seq.), the applicant shall not commence land-disturbing activity prior to resolution of any unresolved issues identified in subsection B to the satisfaction of the Department and approval by the Department of an erosion and sediment control plan and stormwater management plan in accordance with applicable regulations. The Department shall act on any plan submittal within 60 days after initial submittal of a completed plan to the Department. The Department may issue either approval or disapproval and shall provide written rationale for its decision. The Department shall act on any plan that has been previously disapproved within 30 days after the plan has been revised and resubmitted for approval.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":290994,"text":"No action by either the Department or the Board on a certification pursuant to this article shall alter the siting determination made through Federal Energy Regulatory Commission or State Corporation Commission approval.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":290995,"text":"The Department shall assess an administrative charge to the applicant to cover the direct costs of services rendered associated with its responsibilities pursuant to this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":290996,"text":"Neither the Department nor the Board shall expressly waive certification of a natural gas transmission pipeline of greater than 36 inches inside diameter under § 401 of the federal Clean Water Act (33 U.S.C. § 1341). The Department or the Board shall act on any certification request within a reasonable period of time pursuant to federal law. Nothing in this section shall be construed to prohibit the Department or the Board from taking action to deny a certification in accordance with the provisions of § 401 of the federal Clean Water Act (33 U.S.C. § 1341).","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:81\/","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. 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 2020, chapter 958<\/a>; in 2022, chapter 356<\/a>.<\/p>","references":[{"id":77503,"section_number":"62.1-44.15:82","catch_line":"Public notice of draft certification conditions","order_by":null,"url":"\/62.1-44.15_82\/"}],"refers_to":[{"id":82929,"section_number":"62.1-44.15:20","catch_line":"Virginia Water Protection Permit","order_by":null,"url":"\/62.1-44.15_20\/"},{"id":71282,"section_number":"62.1-44.15:24","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_24\/"},{"id":59976,"section_number":"62.1-44.15:51","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_51\/"}],"permalink":{"id":269765,"object_type":"law","relational_id":81184,"identifier":"62.1-44.15:81","token":"62.1\/3.1\/2.6\/62.1-44.15_81","url":"\/62.1-44.15_81\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_81\/","token":"62.1\/3.1\/2.6\/62.1-44.15_81","dublin_core":{"Title":"Application and preparation of draft certification conditions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:81","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any applicant for a federal license or permit for a natural gas transmission pipeline greater than 36 inches inside diameter subject to § 7c of the federal Natural Gas Act (15 U.S.C. § 717f(c)) shall submit a separate application, at the same time the Joint Permit Application is submitted, to the Department<\/span> containing a description of all activities that will occur in upland areas, including activities in or related to (i) slopes with a grade greater than 15 percent; (ii) karst geology features, including sinkholes and underground springs; (iii) proximity to sensitive streams and wetlands<\/span> identified by the Department<\/span> of Conservation and Recreation or the Department<\/span> of Wildlife Resources; (iv) seasonally high water tables; (v) water impoundment structures and reservoirs; and (vi) areas with highly erodible soils, low pH, and acid sulfate soils. Concurrently with the Joint Permit Application, the applicant shall also submit a detailed erosion and sediment control plan and stormwater management plan subject to Department<\/span> review and approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After receipt of an application in accordance with subsection A, the Department<\/span> shall issue<\/span> a request for information about how the erosion and sediment control plan and stormwater management plan will address activities in or related to the upland areas identified in subsection A. The response to such request shall include the specific strategies and best management practices that will be utilized by the applicant to address challenges associated with each area type and an explanation of how such strategies and best management practices will ensure compliance with water quality standards<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At any time during the review of the application, but prior to issuing a certification pursuant to this article, the Department<\/span> may issue<\/span> an information request to the applicant for any relevant additional information necessary to determine (i) if any activities related to the applicant’s project in upland areas are likely to result in a discharge to state waters<\/span> and (ii) how the applicant proposes to minimize water quality impacts to the maximum extent practicable to protect water quality. The information request shall provide a reasonable amount of time for the applicant to respond. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall review the information contained in the application, the response to the information request in subsection B, and any additional information obtained through any information requests issued pursuant to subsection C to determine if any activities described in the application or in any additional information requests (i) are likely to result in a discharge to state waters<\/span> with the potential to adversely impact water quality and (ii) will not be addressed by the Virginia Water Protection Permit issued for the activity pursuant to Article 2.2 (§ 62.1-44.15:20<\/a> et seq.). The Department<\/span> of Wildlife Resources, the Department<\/span> of Conservation and Recreation, the Department<\/span> of Health, and the Department<\/span> of Agriculture and Consumer Services shall consult with the Department<\/span> during the review of the application and any additional information obtained through any information requests issued pursuant to subsection B or C. Following the conclusion of its review, the Department<\/span> shall develop a draft certification or denial. A draft certification, including (i) any additional conditions for activities in upland areas necessary to protect water quality and (ii) a condition that the applicant shall not commence land-disturbing activity prior to approval by the Department<\/span> of the erosion and sediment control plan and stormwater management plan required pursuant to subsection E, shall be noticed for public comment and potential issuance by the Department<\/span>. The Department<\/span> shall make the information contained in the application and any additional information obtained through any information requests issued pursuant to subsection B or C available to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any applicable annual standards<\/span> and specifications for erosion and sediment control or stormwater management pursuant to Article 2.3 (§ 62.1-44.15:24<\/a> et seq.) or 2.4 (§ 62.1-44.15:51<\/a> et seq.), the applicant shall not commence land-disturbing activity prior to resolution of any unresolved issues<\/span> identified in subsection B to the satisfaction of the Department<\/span> and approval by the Department<\/span> of an erosion and sediment control plan and stormwater management plan in accordance with applicable regulations<\/span>. The Department<\/span> shall act on any plan submittal within 60 days after initial submittal of a completed plan to the Department<\/span>. The Department<\/span> may issue<\/span> either approval or disapproval and shall provide written rationale for its decision. The Department<\/span> shall act on any plan that has been previously disapproved within 30 days after the plan has been revised and resubmitted for approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No action by either the Department<\/span> or the Board<\/span> on a certification pursuant to this article shall alter the siting determination made through Federal Energy Regulatory Commission or State Corporation Commission approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Department<\/span> shall assess an administrative charge to the applicant to cover the direct costs of services rendered associated with its responsibilities pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Neither the Department<\/span> nor the Board<\/span> shall expressly waive<\/span> certification of a natural gas transmission pipeline of greater than 36 inches inside diameter under § 401 of the federal Clean Water Act (33 U.S.C. § 1341). The Department<\/span> or the Board<\/span> shall act on any certification request within a reasonable period of time pursuant to federal law<\/span>. Nothing in this section shall be construed to prohibit the Department<\/span> or the Board<\/span> from taking action to deny a certification in accordance with the provisions of § 401 of the federal Clean Water Act (33 U.S.C. § 1341). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION AND PREPARATION OF DRAFT CERTIFICATION CONDITIONS (\u00a7 62.1-44.15:81)\n\nA. Any applicant for a federal license or permit for a natural gas transmission\npipeline greater than 36 inches inside diameter subject to § 7c of the\nfederal Natural Gas Act (15 U.S.C. § 717f(c)) shall submit a separate\napplication, at the same time the Joint Permit Application is submitted, to the\nDepartment containing a description of all activities that will occur in upland\nareas, including activities in or related to (i) slopes with a grade greater\nthan 15 percent; (ii) karst geology features, including sinkholes and\nunderground springs; (iii) proximity to sensitive streams and wetlands\nidentified by the Department of Conservation and Recreation or the Department of\nWildlife Resources; (iv) seasonally high water tables; (v) water impoundment\nstructures and reservoirs; and (vi) areas with highly erodible soils, low pH,\nand acid sulfate soils. Concurrently with the Joint Permit Application, the\napplicant shall also submit a detailed erosion and sediment control plan and\nstormwater management plan subject to Department review and approval.\n\nB. After receipt of an application in accordance with subsection A, the\nDepartment shall issue a request for information about how the erosion and\nsediment control plan and stormwater management plan will address activities in\nor related to the upland areas identified in subsection A. The response to such\nrequest shall include the specific strategies and best management practices that\nwill be utilized by the applicant to address challenges associated with each\narea type and an explanation of how such strategies and best management\npractices will ensure compliance with water quality standards.\n\nC. At any time during the review of the application, but prior to issuing a\ncertification pursuant to this article, the Department may issue an information\nrequest to the applicant for any relevant additional information necessary to\ndetermine (i) if any activities related to the applicant’s project in\nupland areas are likely to result in a discharge to state waters and (ii) how\nthe applicant proposes to minimize water quality impacts to the maximum extent\npracticable to protect water quality. The information request shall provide a\nreasonable amount of time for the applicant to respond.\n\nD. The Department shall review the information contained in the application, the\nresponse to the information request in subsection B, and any additional\ninformation obtained through any information requests issued pursuant to\nsubsection C to determine if any activities described in the application or in\nany additional information requests (i) are likely to result in a discharge to\nstate waters with the potential to adversely impact water quality and (ii) will\nnot be addressed by the Virginia Water Protection Permit issued for the activity\npursuant to Article 2.2 (§ 62.1-44.15:20 et seq.). The Department of\nWildlife Resources, the Department of Conservation and Recreation, the\nDepartment of Health, and the Department of Agriculture and Consumer Services\nshall consult with the Department during the review of the application and any\nadditional information obtained through any information requests issued pursuant\nto subsection B or C. Following the conclusion of its review, the Department\nshall develop a draft certification or denial. A draft certification, including\n(i) any additional conditions for activities in upland areas necessary to\nprotect water quality and (ii) a condition that the applicant shall not commence\nland-disturbing activity prior to approval by the Department of the erosion and\nsediment control plan and stormwater management plan required pursuant to\nsubsection E, shall be noticed for public comment and potential issuance by the\nDepartment. The Department shall make the information contained in the\napplication and any additional information obtained through any information\nrequests issued pursuant to subsection B or C available to the public.\n\nE. Notwithstanding any applicable annual standards and specifications for\nerosion and sediment control or stormwater management pursuant to Article 2.3\n(§ 62.1-44.15:24 et seq.) or 2.4 (§ 62.1-44.15:51 et seq.), the\napplicant shall not commence land-disturbing activity prior to resolution of any\nunresolved issues identified in subsection B to the satisfaction of the\nDepartment and approval by the Department of an erosion and sediment control\nplan and stormwater management plan in accordance with applicable regulations.\nThe Department shall act on any plan submittal within 60 days after initial\nsubmittal of a completed plan to the Department. The Department may issue either\napproval or disapproval and shall provide written rationale for its decision.\nThe Department shall act on any plan that has been previously disapproved within\n30 days after the plan has been revised and resubmitted for approval.\n\nF. No action by either the Department or the Board on a certification pursuant\nto this article shall alter the siting determination made through Federal Energy\nRegulatory Commission or State Corporation Commission approval.\n\nG. The Department shall assess an administrative charge to the applicant to\ncover the direct costs of services rendered associated with its responsibilities\npursuant to this section.\n\nH. Neither the Department nor the Board shall expressly waive certification of a\nnatural gas transmission pipeline of greater than 36 inches inside diameter\nunder § 401 of the federal Clean Water Act (33 U.S.C. § 1341). The\nDepartment or the Board shall act on any certification request within a\nreasonable period of time pursuant to federal law. Nothing in this section shall\nbe construed to prohibit the Department or the Board from taking action to deny\na certification in accordance with the provisions of § 401 of the federal\nClean Water Act (33 U.S.C. § 1341).\n\nHISTORY: 2018, c. 636; 2020, c. 958; 2021, Sp. Sess. I, c. 501; 2022, c. 356.","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}}