<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60711</law_id><section_number>62.1-259.1</section_number><catch_line>Certain withdrawals; technical evaluation required</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="62.1">Waters of the State, Ports and Harbors</unit><unit label="chapter" level="2" order_by="1" identifier="25">Ground Water Management Act of 1992</unit></structure><text>
						<section><p>The developer of a subdivision, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/15.2-2201/">15.2-2201</a>, located in a designated <span class="dictionary">ground water</span> management area shall apply for a technical evaluation from the <span class="dictionary">Department</span> of Environmental Quality prior to final subdivision plat approval if there will be 30 or more lots within the subdivision served by private wells, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/32.1-176.3/">32.1-176.3</a>. The application for a technical evaluation shall be on a form established by the <span class="dictionary">Department</span> and shall include a geophysical log from a geophysical borehole located within the subdivision. Such borehole may subsequently be utilized as a <span class="dictionary">ground water</span> supply for a dwelling unit or for other appropriate purpose within the subdivision. Within 60 days of receiving a complete application for a technical evaluation, the <span class="dictionary">Department</span> shall perform a technical evaluation and provide to the developer a recommendation sufficient to serve the water needs of each dwelling unit in the subdivision that specifies the aquifer or aquifers that will minimize unmitigated impacts to <span class="dictionary">ground water</span> resources and any offsite impacts to existing <span class="dictionary">ground water</span> users. The recommendation to the developer shall be nonbinding; however, any such developer who constructs one or more private wells in the subdivision in an aquifer inconsistent with the <span class="dictionary">Department</span>&#x2019;s recommendation shall prepare and submit a mitigation plan to the <span class="dictionary">Department</span>, consistent with requirements for mitigation plans established by the <span class="dictionary">Board</span>, and record a mitigation plan approved by the <span class="dictionary">Department</span> with the subdivision plat prior to constructing any private wells within the subdivision. The <span class="dictionary">Department</span> is authorized to charge the developer a fee not to exceed $5,000 to perform the technical evaluation. This section shall not apply to the developer of a subdivision who constructs all of the private wells within the subdivision in the <span class="dictionary">surficial aquifer</span>.</p></section></text><history>2018, c. 427.</history><metadata></metadata></law>
