§ 62.1-44.15:20. Virginia water protection permit.
A. Except in compliance with an individual or general Virginia WaterProtection Permit issued in accordance with this article, it shall beunlawful 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 degradesexisting wetland acreage or functions;
b. Filling or dumping;
c. Permanent flooding or impounding; or
d. New activities that cause significant alteration or degradation ofexisting wetland acreage or functions; or
3. Alter the physical, chemical, or biological properties of state waters andmake them detrimental to the public health, animal or aquatic life, or to theuses of such waters for domestic or industrial consumption, or forrecreation, or for other uses unless authorized by a certificate issued bythe Board.
B. The Board shall, after providing an opportunity for public comment, issuea Virginia Water Protection Permit if it has determined that the proposedactivity is consistent with the provisions of the Clean Water Act and theState Water Control Law and will protect instream beneficial uses.
C. Prior to the issuance of a Virginia Water Protection Permit, the Boardshall consult with and give full consideration to the written recommendationsof the following agencies: the Department of Game and Inland Fisheries, theDepartment of Conservation and Recreation, the Virginia Marine ResourcesCommission, the Department of Health, the Department of Agriculture andConsumer Services, and any other interested and affected agencies. Suchconsultation shall include the need for balancing instream uses withoffstream uses. Agencies may submit written comments on proposed permitswithin 45 days after notification by the Board. If written comments are notsubmitted by an agency within this time period, the Board shall assume thatthe agency has no comments on the proposed permit.
D. Issuance of a Virginia Water Protection Permit shall constitute thecertification required under § 401 of the Clean Water Act.
E. No locality may impose wetlands permit requirements duplicating state orfederal wetlands permit requirements. In addition, no locality shall imposeor establish by ordinance, policy, plan, or any other means provisionsrelated to the location of wetlands or stream mitigation in satisfaction ofaquatic resource impacts regulated under a Virginia Water Protection Permitor under a permit issued by the U.S. Army Corps of Engineers pursuant to §404 of the Clean Water Act. However, a locality's determination of alloweduses within zoning classifications or its approval of the siting orconstruction of wetlands or stream mitigation banks or other mitigationprojects shall not be affected by the provisions of this subsection.
F. The Board shall assess compensation implementation, inventory permittedwetland impacts, and work to prevent unpermitted impacts to wetlands.
§ 62.1-44.15:20. Virginia water protection permit.
A. Except in compliance with an individual or general Virginia WaterProtection Permit issued in accordance with this article, it shall beunlawful 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 degradesexisting wetland acreage or functions;
b. Filling or dumping;
c. Permanent flooding or impounding; or
d. New activities that cause significant alteration or degradation ofexisting wetland acreage or functions; or
3. Alter the physical, chemical, or biological properties of state waters andmake them detrimental to the public health, animal or aquatic life, or to theuses of such waters for domestic or industrial consumption, or forrecreation, or for other uses unless authorized by a certificate issued bythe Board.
B. The Board shall, after providing an opportunity for public comment, issuea Virginia Water Protection Permit if it has determined that the proposedactivity is consistent with the provisions of the Clean Water Act and theState Water Control Law and will protect instream beneficial uses.
C. Prior to the issuance of a Virginia Water Protection Permit, the Boardshall consult with and give full consideration to the written recommendationsof the following agencies: the Department of Game and Inland Fisheries, theDepartment of Conservation and Recreation, the Virginia Marine ResourcesCommission, the Department of Health, the Department of Agriculture andConsumer Services, and any other interested and affected agencies. Suchconsultation shall include the need for balancing instream uses withoffstream uses. Agencies may submit written comments on proposed permitswithin 45 days after notification by the Board. If written comments are notsubmitted by an agency within this time period, the Board shall assume thatthe agency has no comments on the proposed permit.
D. Issuance of a Virginia Water Protection Permit shall constitute thecertification required under § 401 of the Clean Water Act.
E. No locality may impose wetlands permit requirements duplicating state orfederal wetlands permit requirements. In addition, no locality shall imposeor establish by ordinance, policy, plan, or any other means provisionsrelated to the location of wetlands or stream mitigation in satisfaction ofaquatic resource impacts regulated under a Virginia Water Protection Permitor under a permit issued by the U.S. Army Corps of Engineers pursuant to §404 of the Clean Water Act. However, a locality's determination of alloweduses within zoning classifications or its approval of the siting orconstruction of wetlands or stream mitigation banks or other mitigationprojects shall not be affected by the provisions of this subsection.
F. The Board shall assess compensation implementation, inventory permittedwetland impacts, and work to prevent unpermitted impacts to wetlands.
§ 62.1-44.15:20. Virginia water protection permit.
A. Except in compliance with an individual or general Virginia WaterProtection Permit issued in accordance with this article, it shall beunlawful 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 degradesexisting wetland acreage or functions;
b. Filling or dumping;
c. Permanent flooding or impounding; or
d. New activities that cause significant alteration or degradation ofexisting wetland acreage or functions; or
3. Alter the physical, chemical, or biological properties of state waters andmake them detrimental to the public health, animal or aquatic life, or to theuses of such waters for domestic or industrial consumption, or forrecreation, or for other uses unless authorized by a certificate issued bythe Board.
B. The Board shall, after providing an opportunity for public comment, issuea Virginia Water Protection Permit if it has determined that the proposedactivity is consistent with the provisions of the Clean Water Act and theState Water Control Law and will protect instream beneficial uses.
C. Prior to the issuance of a Virginia Water Protection Permit, the Boardshall consult with and give full consideration to the written recommendationsof the following agencies: the Department of Game and Inland Fisheries, theDepartment of Conservation and Recreation, the Virginia Marine ResourcesCommission, the Department of Health, the Department of Agriculture andConsumer Services, and any other interested and affected agencies. Suchconsultation shall include the need for balancing instream uses withoffstream uses. Agencies may submit written comments on proposed permitswithin 45 days after notification by the Board. If written comments are notsubmitted by an agency within this time period, the Board shall assume thatthe agency has no comments on the proposed permit.
D. Issuance of a Virginia Water Protection Permit shall constitute thecertification required under § 401 of the Clean Water Act.
E. No locality may impose wetlands permit requirements duplicating state orfederal wetlands permit requirements. In addition, no locality shall imposeor establish by ordinance, policy, plan, or any other means provisionsrelated to the location of wetlands or stream mitigation in satisfaction ofaquatic resource impacts regulated under a Virginia Water Protection Permitor under a permit issued by the U.S. Army Corps of Engineers pursuant to §404 of the Clean Water Act. However, a locality's determination of alloweduses within zoning classifications or its approval of the siting orconstruction of wetlands or stream mitigation banks or other mitigationprojects shall not be affected by the provisions of this subsection.
F. The Board shall assess compensation implementation, inventory permittedwetland impacts, and work to prevent unpermitted impacts to wetlands.
