                                 CODE OF VIRGINIA

COORDINATED REVIEW OF WATER RESOURCES PROJECTS (§ 62.1-44.15:5.01)

A. Applications for water resources projects that require an individual Virginia
Water Protection Permit and a Virginia Marine Resources permit under &#xA7;
28.2-1205 shall be submitted and processed through a joint application and
review process.

B. The Director and the Commissioner of the Virginia Marine Resources
Commission, in consultation with the Virginia Institute of Marine Science, the
Department of Wildlife Resources, the Department of Historic Resources, the
Department of Health, the Department of Conservation and Recreation, the
Virginia Department of Agriculture and Consumer Services, and any other
appropriate or interested state agency, shall coordinate the joint review
process to ensure the orderly evaluation of projects requiring both permits.

C. The joint review process shall include, but not be limited to, provisions to
ensure that: (i) the initial application for the project shall be advertised
simultaneously by the Department of Environmental Quality and the Virginia
Marine Resources Commission; (ii) project reviews shall be completed by all
state agencies that have been asked to review and provide comments within 45
days of project notification by the Department of Environmental Quality and the
Virginia Marine Resources Commission; (iii) the Board and the Virginia Marine
Resources Commission shall coordinate permit issuance and, to the extent
practicable, shall take action on the permit application no later than one year
after the agencies have received complete applications; (iv) to the extent
practicable, the Board and the Virginia Marine Resources Commission shall take
action concurrently, but no more than six months apart; and (v) upon taking its
final action on each permit, the Board and the Virginia Marine Resources
Commission shall provide each other with notification of their actions and any
and all supporting information, including any background materials or exhibits
used in the application. Any state agency asked to review and provide comments
in accordance with clause (ii) shall provide such comments within 45 days of
project notification by the Department of Environmental Quality and the Virginia
Marine Resources Commission or be deemed to have waived its right to provide
comment.

D. If requested by the applicant, the Department of Environmental Quality shall
convene a preapplication review panel to assist applicants for water resources
projects in the early identification of issues related to the protection of
beneficial instream and offstream uses of state waters. The Virginia Marine
Resources Commission, the Virginia Institute of Marine Science, the Department
of Wildlife Resources, the Department of Conservation and Recreation, and the
Department of Environmental Quality shall participate in the preapplication
review panel by providing information and guidance on the potential natural
resource impacts and regulatory implications of the options being considered by
the applicant. However, the participation by these agencies in such a review
process shall not limit any authority they may exercise pursuant to state and
federal laws or regulations.

HISTORY: 2005, c. 49; 2011, cc. 829, 842; 2020, c. 958.