                                 CODE OF VIRGINIA

VIRGINIA WATER PROTECTION PERMIT (§ 62.1-44.15:20)

A. Except in compliance with an individual or general Virginia Water Protection
Permit issued in accordance with this article, it shall be unlawful to:

   1. Excavate in a wetland;

   2. On or after October 1, 2001, conduct the following in a wetland:
   				a. New activities to cause draining that significantly alters or degrades
   existing wetland acreage or functions;
   				b. Filling or dumping;
   				c. Permanent flooding or impounding; or
   				d. New activities that cause significant alteration or degradation of
   existing wetland acreage or functions; or

   3. Alter the physical, chemical, or biological properties of state waters and
   make them detrimental to the public health, animal or aquatic life, or to the
   uses of such waters for domestic or industrial consumption, or for recreation,
   or for other uses unless authorized by a certificate issued by the Board.

B. The Board shall, after providing an opportunity for public comment, issue a
Virginia Water Protection Permit if it has determined that the proposed activity
is consistent with the provisions of the Clean Water Act and the State Water
Control Law and will protect instream beneficial uses.

C. Prior to the issuance of a Virginia Water Protection Permit, the Board shall
consult with and give full consideration to any relevant information contained
in the state water supply plan described in subsection A of &#xA7; 62.1-44.38:1
as well as to the written recommendations of the following agencies: the
Department of Wildlife Resources, the Department of Conservation and Recreation,
the Virginia Marine Resources Commission, the Department of Health, the
Department of Agriculture and Consumer Services, and any other interested and
affected agencies. When considering the state water supply plan, nothing shall
be construed to limit the operation or expansion of an electric generation
facility located on a man-made lake or impoundment built for the purpose of
providing cooling water to such facility. Such consultation shall include the
need for balancing instream uses with offstream uses. Agencies may submit
written comments on proposed permits within 45 days after notification by the
Board. If written comments are not submitted by an agency within this time
period, the Board shall assume that the agency has no comments on the proposed
permit and deem that the agency has waived its right to comment. After the
expiration of the 45-day period, any such agency shall have no further
opportunity to comment.

D. Issuance of a Virginia Water Protection Permit shall constitute the
certification required under &#xA7; 401 of the Clean Water Act, except for any
applicant to the Federal Energy Regulatory Commission for a certificate of
public convenience and necessity pursuant to &#xA7; 7c of the federal Natural
Gas Act (15 U.S.C. &#xA7; 717f(c)) to construct any natural gas transmission
pipeline greater than 36 inches inside diameter, in which case issuance of a
Virginia Water Protection Permit pursuant to this article and a certification
issued pursuant to Article 2.6 (&#xA7; 62.1-44.15:80 et seq.) shall together
constitute the certification required under &#xA7; 401 of the federal Clean
Water Act.

E. No locality may impose wetlands permit requirements duplicating state or
federal wetlands permit requirements. In addition, no locality shall impose or
establish by ordinance, policy, plan, or any other means provisions related to
the location of wetlands or stream mitigation in satisfaction of aquatic
resource impacts regulated under a Virginia Water Protection Permit or under a
permit issued by the U.S. Army Corps of Engineers pursuant to &#xA7; 404 of the
Clean Water Act. However, a locality&#8217;s determination of allowed uses
within zoning classifications or its approval of the siting or construction of
wetlands or stream mitigation banks or other mitigation projects shall not be
affected by the provisions of this subsection.

F. The Board shall assess compensation implementation, inventory permitted
wetland impacts, and work to prevent unpermitted impacts to wetlands.

HISTORY: 2007, c. 659; 2010, c. 233; 2011, cc. 829, 842; 2012, c. 628; 2018, c.
636; 2020, c. 958.