                                 CODE OF VIRGINIA

PROHIBITION ON PRIVATE WELL CONSTRUCTION (§ 32.1-176.5:2)

A. No private well shall be constructed within 50 feet of the property line with
an adjacent property of three acres or larger that is used for an agricultural
operation, as defined in &#xA7; 3.2-300. The following shall be exempt: (i) the
owner of the adjacent property that is used for an agricultural operation may
grant written permission for construction within 50 feet of the property line;
or (ii) certification that no other site on the property complies with the
Board&#8217;s regulations for the construction of a private well.

B. The Department shall accept private site evaluations and designs, in
compliance with the Board&#8217;s regulations for the construction of private
wells, designed and certified by a licensed professional engineer, in
consultation with a licensed onsite soil evaluator, or by a licensed onsite soil
evaluator. The evaluations and designs included within such submissions shall be
certified as complying with the Board&#8217;s regulations implementing this
chapter. The Department shall not be required to perform a field check of
private evaluations and designs prior to issuing the requested letter, permit,
or approval. However, the Department may conduct such review of the work and
field analysis as deemed necessary to protect the public health, integrity of
the Commonwealth&#8217;s environment, and the provisions of this chapter.

C. The Department, prior to issuing a permit, shall require any owner applying
for a permit to construct a private well pursuant to the exemptions in
subsection A to submit documentation that affirms the well construction site
complies with the provisions of this section.

HISTORY: 2007, c. 403; 2008, c. 62; 2016, c. 90.